The Uniform Civil Rules 2020 have been amended with effect from 1 January 2024. These rules apply to all South Australian courts that deal with civil matters.
Amendments under the Uniform Civil (No 10) Amending Rules 2023 include the following.
A substituted r 15.4 allows the court to direct or permit a party or a lawyer to appear by audio or audio-visual link, if the court considers it is justified in the circumstances.
- an application in the prescribed form; or
- an oral application at a prior hearing; or
- ticking the remote appearance box on any form filed via the court’s electronic filing system; or
- sending an email to the chambers of the judicial officer who will hear the matter.
The request must specify why the remote appearance is necessary.
If a request is granted the requesting party must pay any costs involved, and if they are uncontactable after 15 minutes of the appointed time it will be treated as a non-appearance.
An application for a witness to appear by audio link or by audio visual link must be made by an interlocutory application in the prescribed form supported by an affidavit in the prescribed form, or an oral application at a prior hearing.
Setting aside judgement by consent
A new rule 142.13 provides that a default monetary judgment can be set aside and the proceedings discontinued by consent by the parties filing the new form 126A Application and Consent to Set Aside Default Judgment and Discontinuance, provided there is no cross-claim, third party claim, or interested party.
The commentaries and matter plans in the By Lawyers Magistrates Court Civil guides- Acting for the Applicant and Acting for the Respondent have been updated in line with the amended civil rules.