Civil law provides a pathway for survivors to seek financial compensation, even when no police charges have been laid and no criminal conviction exists.

Unlike criminal proceedings, which aim to prove guilt beyond a reasonable doubt, a civil claim focuses on the harm done to the survivor and what compensation may be fair.

Below, we outline the process of making a civil claim, the courts involved and what happens once it’s been filed.

Civil claims can be complex which is why it’s important to seek legal advice as early as possible.

An experienced personal injury lawyer will assess your case, explain how much compensation might be possible and guide you through every step of the process.

To begin formal legal action, you must lodge a claim electronically via the CourtSA portal.

This includes a Statement of Claim form, which must include:

• The details of the abuse, including who was involved, and when, where and what happened.
• The physical, emotional and financial impact on your life.
• Who the claim is against (an individual, organisation or institution).
• The compensation you’re seeking.

It is important to seek legal advice about what information should and should not be included in the court documents to be filed.

Once your claim has been filed, your case will be heard in the appropriate court.

Which court depends on the type of case and how much you are claiming:

• Minor claims ($12,000 or less) are heard in the Magistrates Court (Minor Claims Division)
• General claims ($12,001–$100,000) are heard in the Magistrates Court (General Claims Division)
• Claims over $100,000 can be heard in either the District or Supreme Court

After filing, the court issues your case number and filing date, which must appear on all court documents.

It is important to seek legal advice about which court is appropriate for your particular claim.

You must serve the Statement of Claim properly to the defendant, following legal requirements. Once the documents have been served, you must file an affidavit of service. Any mistakes here can delay your case or result in your claim being dismissed.

Once served, the defendant has a set time to respond by way of filing and serving a defence. They may:

1. Admit the claim – agree and move toward settling.
2. Defend the claim – deny or dispute all or part of it.
3. Counter-claim – less common in sexual abuse cases, but possible.

For survivors, this can feel distressing, but it doesn’t reflect on the strength of your case. An experienced personal injury lawyer will guide you through the steps in lodging a claim with the court and assist with progressing your claim toward settlement negotiations, a mediation or a trial hearing. Most claims in South Australia resolve by negotiation. It is important that you seek legal advice about making a claim before taking any steps yourself to lodge court documents so as to protect your legal entitlements.

South Australia has no limitation period for survivors of childhood sexual or serious physical abuse to make a civil claim, meaning it can be lodged even years after the abuse occurred.

Additionally, the South Australian Parliament previously passed legislation that enables individuals with previous resolutions (other than via the National Redress Scheme) to apply to the court to re-litigate their claim, if it was settled at a time when an extension of time to make the claim was required.

This is a major shift, granting survivors the freedom to seek justice without being restricted by time limits.

• Criminal cases are run by the state and focus on punishing the offender. They require proof beyond a reasonable doubt.
• Civil claims are brought by survivors and focus on compensation. The burden of proof is on the “balance of probabilities”, so civil claims can succeed even without a criminal conviction.

This means that survivors aren’t solely reliant on the criminal justice system for accountability and remedy.

While no amount of money can erase the trauma of childhood abuse, seeking compensation can provide a sense of justice and help ease the financial pressures that often come with recovery.

Survivors in South Australia now have clear legal pathways, whether through negotiated settlements or pursuing a civil claim in court.

Seeking early legal advice can make the process less overwhelming and help you understand the best options for your situation.

At MKF Lawyers, we offer free claim checks and operate on a no win no fee basis. If you would like to check your eligibility for compensation for a sexual abuse claim in South Australia, reach out to our team today.