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Minor Civil Actions

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  1. A small claim, that is, a dispute including up to $25 000
    A neighbourhood dispute issue depending on nuisance or trespass
    A minor statutory proceeding, which includes uses under the next legislation:
    Fences Act 1975 (SA)
    An application below the Next-hand Vehicle Dealers Act 1995 (SA) pint 4 or s 33
    Retail and Commercial Leases Act 1995 (SA) (applications for $25 000 or less) and
    Any other proceeding declared by way of a particular legislative act to be a minor statutory proceeding.
  2. Note neighbourhood disputes and minor statutory proceeding may involve amounts and still be heard as minor civil claims actions, that.
  3. In a minor civil action, a lawyer normally cannot represent a party in the trial (although they may be engaged in all the preliminary steps before the trial) and also the procedures at trial aren't as proper as claims in the General Division. The other party must agree, should you need a lawyer to represent you, or the Court may allow if it believes you will be disadvantaged without representation you to have a lawyer. See Magistrates Court Act 1991 (SA) s 38.
  4. A few examples of minor civil actions comprise:

    Motor vehicle property damage claims (see ACCIDENTS AND INJURIES, Motor vehicle injuries, Property damage along with the Automobile Accident Kit)
    Claims for money owed (see DEBT)
    Neighbour disputes (see NEIGHBOURS)
    Fences Act 1975 (SA) applications (see NEIGHBOURS, Fences and the Fences as well as the Law booklet)
    Strata and community title subjects (see HOME, Strata titles and the Strata and Community Titles pamphlet)
    An application under section 61 of the Associations Incorporation Act 1985 (SA) about the premise that an association has engaged, or proposes to engage, in conduct which is oppressive or unreasonable (see COMMUNITY ORGANISATIONS, Question)
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