South Australia Liquidated vs Unliquidated Damages — Why It Changes Your Claim

One Gets You a Desk Judgment, the Other Gets You a Hearing

When you file a minor civil claim in South Australia, the amount you are claiming falls into one of two categories: liquidated or unliquidated. The distinction controls what happens if the defendant does not respond — and how much evidence you need at trial.

Get this wrong and you will be surprised when a default judgment does not give you the money you expected.

Liquidated Damages: The Fixed Amount

A liquidated claim is one where the amount owed can be calculated exactly from the facts. The classic example is an unpaid invoice — the invoice says A$6,500, the defendant has not paid, and that is the claim.

Other liquidated claims:

• A loan with a fixed repayment amount
• A deposit paid under a contract that was never performed
• Rent arrears calculated from the lease terms
• A cheque that bounced

When you apply for default judgment on a liquidated claim (Form 76B, after 28 days without a defence), the registrar can sign judgment without a hearing. You submit the form, the supporting documents, and the calculated amount — and if everything is in order, the judgment is entered at the registry.

Unliquidated Damages: The Court Decides the Amount

An unliquidated claim is one where the court must assess the amount. You know you suffered a loss, but the exact figure is not fixed by contract — it depends on evidence and the court's evaluation.

Examples:

• Repair costs for defective building work (the amount depends on which expert's quote the court accepts)
• Compensation for damaged property where the loss is disputed
• A consumer claim for a defective product where the diminution in value is arguable
• Pain and suffering or inconvenience (rarely relevant in minor civil claims, but possible)

When you apply for default judgment on an unliquidated claim, the registrar cannot simply sign a judgment for the amount you ask for. Instead, the court lists the matter for an assessment of damages hearing. You attend, present your evidence (quotes, invoices, expert reports), and a magistrate determines the amount.

This catches many self-represented litigants off guard. They expect a default judgment to produce an immediate payment order, but an unliquidated default means another hearing — sometimes weeks later.

How to Tell Which Type Your Claim Is

Ask yourself: can the exact amount be calculated from the contract or agreement alone, without any expert evidence or judicial discretion?

Why This Matters for Your Statement of Claim

In your Form 1S Statement of Claim, categorise your claim correctly. For liquidated claims, state the exact amount and attach the supporting document (invoice, contract, loan agreement). For unliquidated claims, state the amount you are claiming and attach the evidence supporting that figure — repair quotes, expert assessments, comparable pricing.

If your claim has both elements — a liquidated component (the deposit) and an unliquidated component (repair costs) — itemise them separately. The court can enter default judgment on the liquidated portion immediately and list an assessment hearing for the unliquidated portion.

Interest Calculations

Pre-judgment interest on a liquidated amount is straightforward: you know the principal and the date it was due, so the calculation runs from the due date to the filing date at the contractual or statutory rate.

For unliquidated claims, interest runs from the date the cause of action arose, but only on the amount the court ultimately awards — you will not know the exact interest until after the assessment hearing.

The SA Minor Civil Claim Guide explains both claim types in detail, with a worked example for each and a calculator for pre-judgment interest.

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