The Environment, Resources and Development Court civil list is your daily record of every civil matter listed before South Australia's specialist planning and environmental court. If you are checking a development appeal, a native title referral, a heritage dispute or a mining objection, this page tracks the ERD Court civil case list as it is published by Courts SA each sitting day. The ERD Court sits at the lower ground floor of the Sir Samuel Way Building, 241 to 259 Victoria Square, Adelaide SA 5000, and its civil registry operates from 9am to 5pm, Monday to Friday. You can reach the registry on (08) 8204 2444 or by email at erdcourt@courts.sa.gov.au.
Unlike a general trial court, the ERD Court is a court of specialist jurisdiction. It exists to resolve disputes about land use, the built and natural environment, and the management of natural resources across South Australia. Because so many of the people who appear before it are self-represented, understanding how the civil list works before you arrive can save you time, cost and stress. This guide explains what the court does, which laws it applies, how a civil matter moves from lodgement to hearing, and how to read the daily listing accurately.
What the ERD Court Civil List Covers
The Environment, Resources and Development Court was established by the Environment, Resources and Development Court Act 1993 and began operating as a dedicated forum for planning and environmental disputes. It predominantly sits in Adelaide, although in some circumstances it will sit elsewhere in the state. The civil side of its work is where the vast majority of matters are found, and it is the part of the list most people come here to check.
The civil jurisdiction of the ERD Court is unusually broad for a court of its size. It draws power from a wide range of legislation covering the natural and built environment, heritage, water resources, native title and mining. In practice, the civil list is dominated by development appeals brought under the Planning, Development and Infrastructure Act 2016, which fully commenced on 19 March 2021 and replaced the former Development Act 1993 across the entire state. That change reshaped how appeals reach the court and how the daily civil list is structured.
Common categories of civil matter you will see on the ERD Court list include:
- Development appeals lodged by an applicant against a refusal of development approval, or against conditions attached to an approval.
- Third-party appeals brought by a person who made a written representation on an impact-assessed (restricted) development.
- Enforcement proceedings where a council or the state seeks orders to stop or remedy unlawful development.
- Native title referrals handled through the court's dedicated Native Title division.
- Heritage, water and mining disputes arising under the broader suite of environmental and resources legislation.
The Two-Month Appeal Window You Need to Know
Timing is the single most important thing to understand about a civil appeal in this court. Under section 204 of the Planning, Development and Infrastructure Act 2016, an appeal must generally be instituted within two months after the applicant receives notice of the decision being challenged. The court retains a discretion to extend that period in special circumstances, but it is never safe to assume an extension will be granted. If you are watching a matter on the civil list, this two-month limit explains why appeals often appear soon after a council decision is published.
How the Court Is Constituted
The ERD Court blends legal and technical expertise in a way few Australian courts do. Its judges and masters are drawn from the District Court of South Australia, and it also has magistrates drawn from the Magistrates Court. What sets it apart is its use of commissioners. Commissioners are not lawyers, but are recognised experts in fields such as urban planning, local government, environment protection and heritage.
Depending on the complexity of a matter, it may be decided by a single commissioner, a single judge, or a full bench of a judge sitting with two commissioners. A full bench is normally reserved for matters that raise a number of complex issues and significant points of law. Since 15 December 2022, Judge Michael Durrant, who was appointed to the court on 28 February 2019, has held the position of Senior Judge. This mixed constitution is why the civil list can move a straightforward matter quickly while giving a genuinely complex development appeal the depth of scrutiny it needs.
How a Civil Matter Progresses Through the List
One feature that surprises many first-time users is that the ERD Court is designed to encourage settlement rather than push every dispute to a contested hearing. The court's procedures are deliberately structured to simplify steps and reduce the cost carried by the parties, and court staff can assist with the paperwork and procedures involved.
Preliminary Conference and Case Tracks
After an appeal is lodged, a matter is typically listed for a preliminary conference and then assigned to a track. Two tracks appear most often on the civil list. The pending track allows time for negotiation between the parties so that amended plans can be prepared and reassessed by the relevant authority or Development Assessment Panel. The conference track sends a matter to an hour-long conciliation conference, usually chaired by a commissioner, where parties can speak freely and in confidence with the aim of reaching their own resolution.
Conciliation Conferences and Consent Orders
If the parties resolve a matter at the conciliation stage, they are usually asked to consent to a draft order that the court can then make. A large share of development appeals never reach a full contested hearing because they are settled at conference. When you see a matter listed for conciliation rather than trial, that is the court's structured attempt to save both sides the expense and delay of a full hearing.
A No-Cost Jurisdiction: What It Means for You
The ERD Court is generally described as a "no-cost jurisdiction". In practice this means each party ordinarily bears its own legal costs, whether it wins or loses. The important exception is where the court considers that an action has been frivolous, vexatious, or brought purely to cause delay, in which case a costs order can follow. This costs approach is one of the main reasons the court remains accessible to residents and community members who choose to represent themselves, and it partly explains why so many self-represented parties appear on the civil list.
Appeals From the ERD Court
An ERD Court civil decision is not always the end of the road. Because any dissatisfied party can appeal, a party that succeeds at the ERD Court may still have to defend that outcome in the Supreme Court or the Court of Appeal. This matters most for third-party appellants, who are often local residents challenging a development in their neighbourhood, because the higher courts are far less accommodating of self-representation and carry a greater risk of adverse costs orders. If you are following a matter that has been appealed onwards, you may need to cross-check the SA Supreme Court civil list as well.
Reading the Daily ERD Court Civil List
The official ERD civil list is published by Courts SA and is organised by courtroom number. On CourtListAU, the same information is presented in a searchable format so you can locate a party name, an appeal reference or a scheduled hearing without scrolling through every courtroom. Listings are updated each court day, and because details can change after publication, it is always worth checking again close to the hearing.
The ERD Court civil list sits alongside the broader network of South Australian civil courts. Because ERD judges and masters come from the District Court, and because larger civil claims are heard there, many users cross-reference the SA District Court civil list. Lower-value civil claims and many general matters are found on the Adelaide Magistrates civil list. For a complete overview of every jurisdiction in the state, the South Australia court listings hub brings all of these daily lists together in one place.
Frequently Asked Questions
Where does the ERD Court sit?
The Environment, Resources and Development Court sits at the lower ground floor of the Sir Samuel Way Building, 241 to 259 Victoria Square, Adelaide SA 5000. It predominantly hears matters in Adelaide, though it may sit elsewhere in South Australia in some circumstances.
What kinds of civil cases does the ERD Court hear?
The court hears development appeals, third-party appeals, enforcement actions, native title referrals and disputes about heritage, water and mining. Most civil matters arise under the Planning, Development and Infrastructure Act 2016.
How long do I have to lodge a development appeal?
An appeal must generally be lodged within two months of receiving notice of the decision under section 204 of the Planning, Development and Infrastructure Act 2016. The court can extend this in special circumstances, but you should not rely on an extension.
Will I have to pay the other side's legal costs if I lose?
The ERD Court is generally a no-cost jurisdiction, so each party usually bears its own costs. Costs may still be awarded where the court finds a matter was frivolous, vexatious, or brought to cause delay.
Do I need a lawyer to appear in the ERD Court?
No. Many people who appear are self-represented, and the court is designed to simplify its procedures. Court staff can assist with paperwork, though seeking independent legal advice before commencing action is always sensible.
How often is the ERD Court civil list updated?
The civil list is published each sitting day and updated before proceedings begin. Details can change after publication, so check again close to the hearing date.