Limitation Period for Minor Case Claims in WA — How Long You Have to File

You know someone owes you money, but you've been putting off court. Maybe you hoped they'd eventually pay, or you didn't want the hassle. The question is whether you've waited too long.

The Six-Year Rule

Under the Limitation Act 2005 (WA), the general limitation period for a minor case claim for breach of contract or property damage is six years from when the cause of action accrued — generally when the contract was breached or the damage occurred.

A defendant can raise a limitation defence if an action is started outside the applicable period; the Act provides statutory extensions and exceptions.

What Doesn't Pause the Clock

This is where people get caught. These steps do not pause or extend the limitation period by themselves:

• Sending a letter of demand. Important for your case, but irrelevant to the deadline.
• Lodging a complaint with Consumer Protection WA. Their conciliation process can take months — and the clock keeps running the entire time.
• The debtor making promises. A verbal promise alone is not the signed written acknowledgment required to extend the limitation period.
• Informal negotiation. Negotiations do not pause time on their own. A written acknowledgment that meets the Act's formal requirements may extend it.

Filing the claim is the usual way to commence an action, but a demand letter or Consumer Protection complaint is not a substitute. A qualifying signed written acknowledgment or part payment made before expiry may extend the limitation period.

When the Six Years Start

The start date depends on the type of claim:

• Unpaid invoice: When payment becomes due and remains unpaid under the agreement.
• Contract breach (unfinished work, defective goods): When the breach occurs, such as when agreed work is not completed or goods fail to meet the contract.
• Property damage: The day the damage occurred.
• Loan or debt: When the repayment is due and remains unpaid, subject to the loan terms.

A qualifying part payment or signed written acknowledgment made before the limitation period expires can give the claim a fresh limitation period under the Act.

What to Do If You're Close to the Deadline

If your six-year deadline is approaching, file first and sort out service later. You have up to one year after filing to serve the defendant. Filing costs $199.50 for an individual, $196.50 for an eligible entity, $384.00 for a non-eligible entity, or $59.00 for an eligible individual; the court may award allowable costs if you win.

Don't wait for the perfect demand letter or the complete evidence bundle. File to preserve your claim, then refine your case while you arrange service.

The WA Minor Case Claim Guide includes a deadline calculator to work out your filing deadline and the service window that follows, so you don't lose your right to claim.

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