If you have been served an originating application, you can choose to respond to it but you must act within the time limit. If you do not respond to it, the consequences are summarised below.
Being involved in a matter can be a complex and costly process. You should seek legal advice before responding to an originating application. You can also speak to the other party to try to resolve the dispute.
The steps below provide general information about responding to an originating application. They do not cover all scenarios nor constitute legal advice.
Before you begin
If you accept the applicant's originating application
If you do not wish to oppose the applicant's application, you do not need to reply to this application. You can if possible, resolve the matter.
If you wish to reply to the applicant's originating application
If you do not accept the originating application brought against you or wish to make submissions about the application, a response must be filed. You also need to file an opposing affidavit if you want to rely on other facts You must do this within 14 days of being served with an application.
If you do not want to make submissions you do not need to file a response.
If you do wish to make submissions about the application you need to attend the hearing usually shown at top of the Originating Application.
What you need
- A completed Form 56 Response
- A completed Form 12 Affidavit
There are no fees for responding to an originating application. There can costs penalties for resisting a successful originating application but they are not automatic.
How to lodge a response to an originating application
- Log in to CourtSA
- Complete and lodge the Case Access Request form
- Your request will be reviewed by Court Services. When approved a Notice of Acting will be generated and you will receive an email granting you access. After you have received this email, continue with the following steps
- Go to "My Cases"
- Find the case you wish to lodge a response against and click "View Case"
- Click "Actions", select "Lodge a document" and select "Other Document"
- On the new form when asked "What type of document are you lodging?", select "Response"
- Upload your Form 56 Response
- Lodge your response
What happens next
You will receive an email from CourtSA letting you know that your response has been received for review by the Court.
If it is accepted for filing:
Using the information you provided, CourtSA will seal your Form 56 Response.
You will receive an email from CourtSA letting you know that your response has been accepted for filing and that the sealed Form 56 Response is available on CourtSA.
You will need to serve the Response on the Applicant at their address for service as soon as practicable
If it is rejected:You will receive an email from CourtSA explaining why your response was rejected.