South Australia Claim Time Limit — How Long You Have to File
The Clock Starts When the Cause of Action Arises
Every civil claim in South Australia has a time limit — a statutory period within which you must file or permanently lose the right to sue. These deadlines are set by the Limitation of Actions Act 1936 (SA) and enforced strictly.
The clock does not start when you discover the problem or when you decide to act. It starts when the cause of action accrues — the date the breach occurred, the damage happened, or the debt became due.
The Main Limitation Periods
| Type of Claim | Time Limit | When the Clock Starts |
|---|---|---|
| Contract (unpaid invoice, breach of agreement) | 6 years | Date the breach occurred or the debt became due |
| Tort (property damage, negligence) | 6 years | Date the damage occurred |
| Personal injury | 3 years | Date of injury (or date of discoverability in some cases) |
| Defamation | 1 year | Date of publication |
For most minor civil claims — unpaid invoices, contractor disputes, consumer refunds, neighbour damage — the relevant limit is six years.
What Does Not Stop the Clock
Sending a letter of demand does not pause or extend the limitation period. Neither does filing a complaint with a consumer ombudsman, negotiating informally, or waiting for a response to your pre-action notice.
Applying for a court fee waiver does not stop the clock either. Your claim is not treated as filed until the fee is paid or the waiver is formally granted. If the limitation period expires while a fee waiver application is pending, you may lose the right to file.
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What Does Reset the Clock
Two things can restart the limitation period:
- A formal written acknowledgment of the debt signed by the debtor — not a verbal admission or a text message, but a written document acknowledging that the amount is owed
- A partial payment toward the debt principal, made before the original limitation period expires
In both cases, the clock restarts from the date of the acknowledgment or payment. After that, you have a fresh six years.
What Happens If You Miss It
Limitation periods are strictly enforced. If yours expires, the respondent can raise it as a defence, so do not assume the court will extend the deadline.
This makes it critical to track deadlines from the moment a dispute arises. A sole trader who invoiced a client five years and ten months ago has two months to file — not "plenty of time."
The SA Minor Civil Claim Guide includes a statutory deadline calendar to track limitation periods alongside the 21-day pre-action and 28-day defence windows.
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