A member asked almost 9 years ago

Enforce a financial ruling made by QCAT

How do I enforce a financial ruling made by QCAT?

QCAT ruled that the defendant had to pay $7500 on 22nd February, in full.

He is now saying that he will pay it off $500 per month.  QCAT have advised it is no longer their concern.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are having a difficult time. Decisions of the Queensland Civil and Administrative Tribunal (QCAT) must be followed. If the other party does not follow the order, you can enforce the order through a court. QCAT is a tribunal (which is different to a court) and is not able to enforce the order.


The exact method of enforcement will depend on the nature of your dispute. Assuming your dispute was a minor civil dispute, you can enforce the order through the Magistrates’ Court (www.courts.qld.gov.au). You need to provide the court with a certified copy of the tribunal’s order, which has been stamped by QCAT to confirm it is a true copy. You also need to provide the court with an affidavit, which is a special sworn statement signed by you, confirming the amount not paid. A lawyer or Justice of the Peace must witness you signing the affidavit.


Once lodged with the court, you can commence enforcement proceedings against the person who owes you money. This can be a complicated legal process that involves special legal documents and procedures. The first step involves determining the financial position of the debtor and whether they have access to money or assets to be able to pay the debt. If the debtor does not respond, they can be required to attend court to give evidence about their financial position.


The last step involves obtaining an enforcement warrant from a court. There are different types of warrants for different circumstances. The warrants are designed to redirect the debtor’s money to you as payment of the debt or to seize their assets. It is therefore important to first consider whether the debtor has access to sufficient money or assets to be able to pay the debt. If they do not, enforcement proceedings may not be a worthwhile exercise.


Suggested way forward

Enforcing a debt can be a complicated process, particularly if you are dealing with a difficult debtor. Enforcement proceedings are legal proceedings run through a court. This involves the preparation of special legal documents and an understanding of court proceedings. Speaking to a lawyer will help you understand your rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 9 years ago   Legal disclaimer

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