This article discusses two types of pre-lodgement notice of claim used in the Magistrates Court in South Australia. Both encourage settlement by the parties before the filing of a claim with the court. The first is specific to personal injury claims and applies to all South Australian state courts. In conjunction with some other factors it was effective in dramatically reducing the number of such claims reaching courts in South Australia. The discussion is based on research from my 1996 thesis, An evaluation of some ways of limiting and reducing the costs to parties of conducting litigation in the Magistrates Court (Civil Division) in South Australia, for a Master of Laws (Honours) degree at the University of Wollongong.
"Lower court pre-lodgement notices to encourage ADR,"
9, Article 1.
Available at: http://epublications.bond.edu.au/adr/vol2/iss9/1