You should be aware that there are time limits on certain Court actions. If you fall outside those time limits, your ability to pursue a remedy in Court may be lost (‘statute barred’).
Examples of certain claims and the time limits that apply in South Australia:
Breach of contract:
6 years after the date of the breach
Negligence:
6 years after the date of the negligent act
Personal injury:
3 years after the act causing injury (or longer if the injury does not become known till later, such as a disease)
Suing for payment of back rent:
6 years but longer in certain circumstances
Failure to re-pay a debt:
6 years after breach but this can be extended where the debtor signs a document that acknowledges the debt or promises to pay
Suing on a deed or mortgage:
15 years after breach
Enforcing a judgement:
15 years after the Court grants the judgment
Inheritance claim challenging a Will:
6 months after the Grant of Probate or Grant of Letters of Administration
Claim by the estate:
Where an executor claims on behalf of a deceased, there is an extension of 12 months or to the Grant of Probate or Letters, whichever is earlier
Negligence claim against estate of deceased:
6 months of Grant of Probate or Letters
Defamation:
1 year of the libel or slander
Claim for building work under warranty:
5 years
Claim for building work damages:
10 years after work completed
Enforcing a worker’s lien:
14 days after lien registered
Employment unfair dismissal claim:
14 days from the date the dismissal takes effect
This list is not exhaustive and subject to limitations and exceptions. For example, the clock does not start to run against a child making a claim until the child turns 18.
In many cases, the Courts have a general discretionary power to grant an extension of time to proceed with a Court case but this involves proving certain matters and is best discussed with your solicitor, sooner rather than later!
For further information please contact Peter on 8362 6400 or email Peter Jakobsen. Join our mailing list to receive updates and advice on current issues.
