28-Day Defence Deadline in South Australia: How to Count It and What Happens If You Miss It

You've been served with a Form 1 or Form 1S Claim in the South Australia Magistrates Court. Somewhere on that document, or in the covering letter, you'll see a reference to 28 days. That number is the entire window you have to file a formal defence — and nothing you do informally (phone calls, emails, settlement offers) pauses it.

How to Calculate the 28 Days

Under Rule 334.1 of the Uniform Civil Rules 2020 (SA), the clock works like this:

1. Day one is the day after service, not the day you were served.
2. Count 28 calendar days from day one. Weekends and public holidays count as part of the 28, but if day 28 itself falls on a Saturday, Sunday, or SA public holiday, the deadline extends to 5:00 PM on the next business day.
3. The method of service affects the start date. Personal service counts from the day the document was physically handed to you. Express post counts from the business day it would normally arrive. Email service (which requires prior consent or a court order) counts from the date of transmission, or the next business day if sent after 5 PM.

Example: A Form 1S is handed to you on Thursday 1 October 2026. Day one is Friday 2 October. Day 28 is Thursday 29 October. Your defence must be filed by 5 PM on 29 October.

If day 28 had fallen on a public holiday — say the October long weekend — the deadline would shift to 5 PM on the next working day.

What Doesn't Stop the Clock

This is where people get tripped up. None of the following pauses or resets the 28-day deadline:

• Calling the claimant to negotiate
• Sending a settlement offer by email
• Phoning the court registry to ask questions
• Engaging a lawyer or financial counsellor
• Lodging a complaint about the claim being unfair
• Waiting for a free legal advice appointment

The only ways to extend the deadline are:

1. Written consent from the claimant — they agree in writing to a new date, and that consent is lodged on CourtSA.
2. A court order — you file a Form 77 Interlocutory Application with a supporting Form 12 Affidavit before the 28 days expire, asking for an extension.

Both routes require action before the deadline passes. If you're running out of time and can't finish your defence, a Form 77 application is the safety valve — don't let the clock expire without doing anything.

What Happens If You Miss It

When the 28 days pass with no defence on file, the claimant can apply for a default judgment by filing a Form 76B Application to Registrar-Sign Judgment. For a fixed debt, the registrar can enter judgment administratively without a hearing. For a property-loss claim, the registrar may enter judgment for the claimed amount if the applicant served the evidence required by the Rules. For other monetary claims that are not liquidated, judgment may be entered for an amount to be assessed, with a later directions hearing on the assessment. Once judgment fixes an amount, the claimant can begin enforcement, including sheriff warrants and investigation summonses.

The amount covered by a default judgment depends on the claim. For a fixed debt, it can include the fixed amount plus recoverable fees and interest. For unliquidated or unquantified damages, the amount may be assessed at a later hearing.

Can You Set Aside a Default Judgment?

Yes, but it's harder than filing the defence on time would have been. You'd need to file an interlocutory application showing either:

• You weren't validly served (the papers didn't reach you, or service was defective), or
• You have a defence on the merits and a reasonable explanation for the delay.

The court weighs how long you waited, whether you acted promptly once you found out about the judgment, and whether your proposed defence has actual substance. "I forgot" or "I was busy" is rarely enough on its own.

If a default judgment has already been entered against you and you believe you have a valid defence, get advice quickly. The Legal Services Commission helpline at 1300 366 424 can help assess your options at no cost.

The Timeline in Practice

Here's what a typical 28-day window looks like when you use it well:

Waiting until day 27 to start is common but risky — if CourtSA rejects your document for a formatting issue, the rejection doesn't preserve your original filing date.

Our step-by-step guide to responding to a minor civil claim in South Australia includes a deadline calculator worksheet and walks through each response route, from defence to admission to counterclaim.

See more South Australia guides →