Pre-Action Steps – Uniform Civil Rules 2020 (SA)

Pre-Action Steps: Let’s talk about this!

The introduction of the South Australian Uniform Civil Rules 2020 has caused several changes to the steps that would-be litigants must take prior to initiating proceedings in court.

One such change involves the introduction of mandated “Pre-Action Meetings”.

A Pre-Action Meeting (as the name suggests) is a meeting which parties should generally hold prior to commencing an action in court.

The date, time and mode of the meeting should generally be suggested in the Pre-Action Claim (for more information on what a Pre-Action Claim is and how you can use it to set your actions up for success, see our article here).

The meeting can be in-person, by telephone or audio-visual link and must be attended by each party or a person with authority to enter into an agreement settling the dispute and their lawyer (if they have one).

During this meeting, you should:

  • Identify the primary issues in dispute.
  • Consider how the issues might be resolved without the need to initiate court proceedings.
  • Consider if a third party should be joined if proceedings are initiated.
  • Consider appointing a mediator/independent chairperson (parties to share cost).

During the meeting parties should complete and sign a Pre-Action Meeting Report which should be created using court Form P4.

Not sure how to conduct a Pre-Action Meeting? Nervous about creating a correct Pre-Action Report? We are here to help!

If you are in need of any assistance with regard to initiating proceedings in Court and holding a Pre-Action Meeting, please contact us on 08 7001 6135 and book an appointment with myself or my colleagues Rich Stanley and Danial Esmaili.

James (“Jimmy”) Williams

How Can We Help?

FREE first appointment

Book us in for a coffee and a chat

Book a FREE Consultation

Get in touch

And don’t worry, we won’t charge you

CALL 24/7 - 08 7001 6135

Blog

Free Advice you can read right here

Read More