Magistrates Court Act 1991 (SA)

South Australia Magistrates Court Act 1991 An Act to establish the Magistrates Court of South Australia; to define its jurisdiction and powers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Magistrates Court of South Australia Division 1—Establishment of Court 4 Establishment of Court 5 Court of record 6 Seal Division 2—Structure and constitution of Court Subdivision 1—Divisions and constitution of Court 7 Divisions of Court 7A Constitution of Court Subdivision 2—Provisions relating to Judicial Registrars 7AB Appointment and conditions of Judicial Registrars 7AC Judicial Registrar ceasing to hold office and suspension Subdivision 3—Assessors and Aboriginal and Torres Strait Islander Elders and Respected Persons etc 7B Assessors 7C Aboriginal and Torres Strait Islander Elders and Respected Persons etc Division 3—Jurisdiction of Court 8 Civil jurisdiction 9 Criminal jurisdiction 9AA Nunga Court 9A Petty Sessions Division 10 Statutory jurisdiction 10A Minor civil actions 10AB Certain civil actions may be taken to be minor civil actions 10B Power to continue hearing as another Division Part 3—Administration of Court Division 1—Chief Magistrate 11 Chief Magistrate Division 2—The Court's administrative and ancillary staff 12 Administrative and ancillary staff 13 Principal Registrar 14 Responsibilities of non-judicial staff 14A Sitting or acting outside State Division 3—Sittings and distribution of business 15 Exercise of procedural and administrative powers of Court 16 Time and place of sittings 17 Adjournment from time to time and place to place 18 Sittings in open court 19 Transfer of proceedings between courts Part 4—Evidentiary powers 20 Power to require attendance of witnesses and production of evidentiary material 21 Power of Court to compel the giving of evidence 22 Entry and inspection of property 23 Production of persons held in custody 24 Issue of evidentiary summonses Part 5—Special provisions as to Court's civil jurisdiction Division 1—General 25 Interim injunctions etc 26 Restraining orders 27 Mediation and conciliation 28 Trial of issues by arbitrator 29 Expert reports 30 Law and equity 31 Alternative forms of relief 32 Declaratory judgments 33 Interim awards of damages 33A Consent orders for structured settlements 34 Pre-judgment interest 35 Interest on judgment debts 36 Payment to child 37 Costs Division 2—Minor civil actions 38 Minor civil actions 39 Determination in minor civil action creates no issue estoppel Part 6—Appeals and reservation of questions of law Division 1—Appeals from Civil Division of Court 40 Right of appeal 41 Reservation of questions of law Division 2—Appeals from Criminal Division of Court 42 Appeals 43 Reservation of questions of law 43A Second or subsequent appeals Part 7—Miscellaneous 44 Immunities 45 Contempt in face of Court 46 Punishment of contempts 47 Custody of litigant's funds and securities 48 Miscellaneous provisions relating to legal process 48A Service 48B Certain trials of sexual offences to be given priority 49 Rules of Court 50 Court fees 51 Accessibility to Court records Legislative history Appendix—Divisional penalties and expiation fees