South Australia Claim Limit — The A$12,000 Minor Civil Threshold Explained

The A$12,000 Limit

Under section 38 of the Magistrates Court Act 1991 (SA), a minor civil action covers claims worth A$12,000 or less. This is the maximum total you can claim in the Minor Civil Claims Division of the SA Magistrates Court — including the principal debt, but before adding statutory interest and filing fees.

If you have seen references to a A$25,000 limit, that is outdated. The threshold was reduced from A$25,000 to A$12,000 on 1 August 2016 by legislative amendment. Any source still quoting the old figure is at least a decade behind.

What Happens Above A$12,000

Claims between A$12,001 and A$100,000 go to the General Claims Division of the same Magistrates Court. The key differences: lawyers are fully permitted at trial, costs exposure increases, and the procedural formality is higher.

Claims above A$100,000 must be filed in the District Court or Supreme Court.

Can You Reduce a Claim to Fit the Limit?

Yes, with conditions. If your actual loss exceeds A$12,000, you can formally abandon the excess on the face of your claim form and proceed in the minor civil division. This means you accept you will never recover the amount you abandon, even if you win.

What you cannot do is split a single cause of action into multiple claims to squeeze each one under the threshold. The rules explicitly prohibit artificial splitting. Multiple separate invoices owed by the same person can be joined in one claim, but if their total exceeds A$12,000, the matter is classified as a general claim.

Counterclaims Can Push You Out

If the respondent files a counterclaim that exceeds A$12,000, the court may transfer the entire matter to the General Claims Division. This changes the rules on legal representation and potential cost orders — a factor worth considering before you file.

What the Limit Means for Your Case

The A$12,000 threshold is not just about money. It determines whether you argue the case yourself or hire a lawyer, whether the other side can recover legal costs from you, and whether the process stays relatively informal. For most consumer disputes, unpaid invoices, and property damage claims, the minor civil division keeps things proportionate to the stakes.

If your claim is close to the boundary, the SA Minor Civil Claim Guide explains how to calculate your total correctly — including interest and fees — so you file in the right division the first time.

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