SA Magistrates Court Can Hear Encroachment Cases and Unbilled Legal Costs Count as 'Benefit' for Summary Offences

Statutes Amendment (Attorney-General's Portfolio) Bill 2026

20 Aug 2026: The first house is examining this bill in detail, possibly in committee, before a final vote.

Legislative Council

House of Assembly

Assent

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Previously introduced as:

Topics

claim referrals court jurisdiction court procedures criminal justice land encroachment land use law practice sales legal costs professional licensing property disputes

Introduced by: The Hon Kyam Maher (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

The definition of 'benefit' for certain summary offences now includes the value of unbilled legal costs and expenses.
Contracts to sell a law practice are exempt from claim farming rules if the contract was signed but not finished before the law started.
The Magistrates Court will now hear encroachment disputes if the value of the claim fits within that court's civil limits. Otherwise, the Supreme Court will hear the dispute.
A court can transfer an encroachment case to another court if it is necessary or appropriate.

The Debate

What different members said when this bill was debated:

Hilton Gumbys ALP

“I rise to speak in support of the Statutes Amendment (Attorney-General’s Portfolio) Bill 2026. The bill amends the Encroachments Act 1944, the Magistrates Court Act 1991 and the Summary Offences Act 1953. It deals with two separate areas of law, but the practical purpose is consistent: ensuring that legal processes operate clearly, fairly and at a cost proportionate to the matter being resolved.”

Official source →

Russell Wortley ALP

“I rise to speak on the Statutes Amendment (Attorney-General’s Portfolio) Bill 2026. This bill makes amendments to three acts committed to the Attorney-General to deal with two separate reforms. First, I will refer to amendments to the Encroachments Act 1944 and the Magistrates Court Act 1991 that move the jurisdiction of encroachment disputes.”

Official source →

Kyam Maher ALP

“I thank honourable members for their contributions on this bill during today’s proceedings: the Hon. Hilton Gumbys and the Hon. Russell Wortley, and those who contributed as we discussed this bill previously. During the course of the committee stage there are a couple of amendments and I might just quickly place on record how the government intends to approach those.”

Official source →

Nicola Centofanti LIB

“I rise to speak on the Statutes Amendment (Attorney-General’s Portfolio) Bill 2026 and indicate that the opposition will be supporting the bill but proposing amendments to remove section 42B of the Summary Offences Act.”

Official source →

Tung Ngo ALP

“The Statutes Amendment (Attorney-General’s Portfolio) Bill 2026 makes amendments to three acts committed to the Attorney-General to deal with two separate reforms: that is, amendments to the Encroachments Act 1944 and the Magistrates Court Act 1991, proposed to move the jurisdiction of encroachment disputes.”

Official source →