{"id":"district-court-regulations-2018","name":"District Court Regulations 2018","slug":"district-court-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235387,"registerId":"sa-district-court-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"District Court Regulations 2018","content":"South Australia\nDistrict Court Regulations 2018\nunder the District Court Act 1991\n\nContents\n1\tShort title\n3\tInterpretation\n4\tFees in civil proceedings\n5\tFees in criminal proceedings\n6\tFees generally\nLegislative history\n\n1—Short title\nThese regulations may be cited as the District Court Regulations 2018.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the District Court Act 1991;\nCrown means the Crown in right of this State;\ngovernment agency includes—\n\t(a)\ta Minister, instrumentality or agency of the Crown; or\n\t(b)\ta body or person subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown; or\n\t(c)\tSouth Australia Police; or\n\t(d)\tthe National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia).\n4—Fees in civil proceedings\n\t(2)\tThe following provisions apply to the fees prescribed for setting a date for trial in the Civil Division:\n\t(a)\texcept where the Court or a registrar directs otherwise, the fee—\n\t(i)\tis payable by the applicant; and\n\t(ii)\tmust be paid within the period of 14 days after the day on which the trial date is set;\n\t(b)\tthe trial will not proceed on the day set for that purpose unless the fee has been paid in accordance with paragraph (a).\n\t(3)\tThe following provisions apply to the prescribed trial fees for each day or part of a day on which the trial is heard by the Court in the Civil Division:\n\t(a)\tthe fee for a trial is the prescribed fee as in force on the day on which the trial commences;\n\t(b)\tthe fee is not payable for the first day of trial if the fee prescribed for setting a date for trial in the Civil Division has been paid;\n\t(c)\tsubject to paragraph (d), the fee is payable by the applicant in the proceedings;\n\t(d)\tif the Court or a registrar so directs, the fee is payable by another party to the proceeding or by the parties to the proceeding in the proportions directed.\n\t(5)\tSection 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown's liability for fees and charges in civil proceedings in the Court.\n5—Fees in criminal proceedings\n\t(2)\tA government agency is not required to pay any fee or charge—\n\t(a)\tfor commencing, or taking any step in, proceedings in the Court to which this regulation applies; or\n\t(b)\tfor obtaining a transcript of any such proceedings to which it is a party; or\n\t(c)\tfor obtaining a copy of evidence in any such proceedings to which it is a party.\n\t(3)\tAny costs to which a government agency is entitled will be calculated as if the government agency were liable to pay, and had in fact paid, fees and charges from which it is exempt under subregulation (2).\n\t(4)\tThis regulation applies to criminal proceedings in the Court.\n6—Fees generally\n\t(2)\tThe Court may require a non‑refundable deposit as security for the payment of fees for the production of a transcript of the hearing of a case at the request of a party where the Court does not require the transcript.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe District Court Regulations 2018 revoked the following:\nDistrict Court (Fees) Regulations 2004\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n33\nGazette 13.2.2018 p756 \n13.2.2018: r 2\n2018\n84\nGazette 21.6.2018 p2200\n1.7.2018: r 2\n2019\n99\nGazette 13.6.2019 p1932\n1.7.2019: r 2\n2020\n30\nGazette 2.4.2020 p639\n27.4.2020: r 2\n2020\n101\nGazette 4.6.2020 p2911\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 3\n\n\nADD\ndeleted by 101/2020 r 4(1)\n1.7.2020\ncorporation\ndeleted by 101/2020 r 4(2)\n1.7.2020\nElectronic System\ninserted by 30/2020 r 4\n27.4.2020\n\ndeleted by 101/2020 r 4(3)\n1.7.2020\nNational Credit Code\ndeleted by 101/2020 r 4(4)\n1.7.2020\nnot-for-profit organisation\ndeleted by 101/2020 r 4(5)\n1.7.2020\nprescribed corporation\ndeleted by 101/2020 r 4(6)\n1.7.2020\nsmall business\ndeleted by 101/2020 r 4(7)\n1.7.2020\nsubsidiary\ndeleted by 101/2020 r 4(8)\n1.7.2020\nr 4\n\n\nr 4(1)\ndeleted by 101/2020 r 5(1)\n1.7.2020\nr 4(2)\nvaried by 30/2020 r 5(1)\n27.4.2020\n\nvaried by 101/2020 r 5(2)\n1.7.2020\nr 4(3)\nvaried by 30/2020 r 5(2)—(4)\n27.4.2020\n\nvaried by 101/2020 r 5(3)—(5)\n1.7.2020\nr 4(4)\ndeleted by 101/2020 r 5(6)\n1.7.2020\nr 5\n\n\nr 5(1)\ndeleted by 101/2020 r 6\n1.7.2020\nr 6\n\n\nr 6(1)\ndeleted by 101/2020 r 7\n1.7.2020\nSchs 1—3\nsubstituted by 84/2018 r 4\n1.7.2018\n\nsubstituted by 99/2019 r 4\n1.7.2019\n\nsubstituted by 30/2020 rr 6—8\n27.4.2020\n\ndeleted by 101/2020 r 8\n1.7.2020\nSch 4\ndeleted by 101/2020 r 8\n1.7.2020\nSch 5\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nHistorical versions\n1.7.2018\n\n1.7.2019\n\n27.4.2020\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Analysis is based solely on the title of the instrument, not its actual content","Complexity cannot be meaningfully assessed without access to the substantive provisions"],"plain_english_summary":"The District Court Regulations 2018 (SA) couldn’t be retrieved (404 error), so the actual text isn’t available here. Based on the title, they likely set procedural and administrative rules for the South Australian District Court—court fees, official forms, filing and service procedures, and day‑to‑day administration. They would affect anyone involved in District Court matters (litigants, defendants, lawyers). For the current text, check the SA Courts or SA Legislation websites."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations replaced earlier 2004 rules and, through variations in 2018–2020, removed and altered multiple definitions and schedules (Legislative history; variations by 30/2020 and 101/2020). Those changes narrowed and simplified some fee categories while preserving key exemptions and court discretion (rr 4–6), so practical scope and implementation details differ from the prior instrument."},"complexity_factors":["Cross‑references to other statutes (Crown Proceedings Act 1992 s 15) create reliance on external rules for Crown liability.","Judicial and registry discretion to direct who pays fees (r 4(2)(a), r 4(3)(d)) adds case‑by‑case variability.","Timing and conditionality: strict 14‑day payment deadline for trial date fees and a bar on proceeding if unpaid (r 4(2)(a)(ii), r 4(2)(b)).","Exemptions for government agencies with a notional payment rule for costs calculation (r 5(2)–(3)) create accounting asymmetry.","Court power to take non‑refundable deposits for transcripts where not otherwise required (r 6(2)) affects upfront cashflow for parties.","Recent amendments and deletions across 2018–2020 (see Legislative history; rr varied/deleted by 30/2020 and 101/2020) altered definitions and schedules, increasing interpretation needs.","Narrow substantive scope (fee rules) but operational impact across civil and criminal procedure increases interaction complexity."],"plain_english_summary":"These regulations set which parties must pay District Court fees in South Australia, when fees must be paid, and limited exemptions. By default an applicant must pay the fee for setting a civil trial date and daily trial fees, and a trial will not proceed if the trial‑setting fee is unpaid (r 4). Government agencies are exempt from criminal‑process and transcript/copy fees but costs are calculated as if they had paid (r 5). The Court may require a non‑refundable transcript deposit (r 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have shrunk dramatically from their original scope. The 2018 version included detailed fee schedules (Schedules 1-4) with specific dollar amounts, extensive definitions for entities like 'small business' and 'not-for-profit organisation' with eligibility criteria, and complex fee calculation rules. The 2020 amendments deleted all schedules and most definitions, converting this from a comprehensive fee-setting instrument to a skeletal framework that presumably cross-refers to fees set by another mechanism (likely court rules or a separate determination). The current version establishes procedural rules about *who* pays and *when*, but no longer specifies *how much*."},"complexity_factors":["Very short operative text — only 6 substantive regulations, with regulations 2, 4(1), 4(4), 5(1), 6(1) and all Schedules deleted by 2020 amendments","Only 3 defined terms remain in force: 'Act', 'Crown', and 'government agency'","Simple conditional logic — mostly 'if/then' rules about payment timing and liability","Cross-reference to external legislation (Crown Proceedings Act 1992) for Crown liability","Legislative history table is extensive but does not affect operative provisions","Recent amendments (2020) removed significant complexity including: 8 defined terms (ADD, corporation, Electronic System, National Credit Code, not-for-profit organisation, prescribed corporation, small business, subsidiary), detailed fee schedules (Schedules 1-4), and specific fee calculation rules"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for **court fees** in South Australia's District Court — specifically who pays what, when, and under what circumstances.\n\n**Key points:**\n\n*   **Civil cases** (disputes between people or organisations): \n    *   The person who starts the case (the **applicant**) must pay a fee to set a trial date, within 14 days of that date being fixed. If they don't pay, the trial won't go ahead.\n    *   Daily trial fees are also generally paid by the applicant, though the Court can order another party to pay instead (or split the cost).\n    *   The first day of trial is free if the \"setting a date\" fee was already paid.\n\n*   **Criminal cases** (prosecutions by the State):\n    *   **Government agencies** — including police, government departments, and certain regulators — **don't have to pay fees** for starting criminal proceedings, getting transcripts, or obtaining copies of evidence.\n    *   However, if a government agency wins and is awarded costs, those costs are calculated *as if* they had paid the fees they were exempt from.\n\n*   **Transcripts:**\n    *   The Court can demand a **non-refundable deposit** from a party who wants a transcript produced, if the Court itself doesn't require that transcript.\n\n*   **The Crown:**\n    *   Special rules about the Crown's (the State's) liability for fees are found in a separate Act — the *Crown Proceedings Act 1992*.\n\n**Who it affects:**\n\nAnyone using the South Australian District Court — lawyers, litigants, government prosecutors, and people representing themselves.\n\n**Why it matters:**\n\nCourt fees can be expensive. These rules determine when you must pay, what happens if you don't, and which organisations get exemptions. The 2020 amendments significantly stripped back the regulations, removing detailed fee schedules and many defined terms, leaving a much simpler framework that now cross-refers to fee amounts set elsewhere."}},"importantCases":[],"_links":{"self":"/api/acts/district-court-regulations-2018","history":"/api/acts/district-court-regulations-2018/history","analysis":"/api/acts/district-court-regulations-2018/analysis","conflicts":"/api/acts/district-court-regulations-2018/conflicts","importantCases":"/api/acts/district-court-regulations-2018/important-cases","documents":"/api/acts/district-court-regulations-2018/documents"}}