Common questions
Interstate judgments - Magistrates Court
If I have a judgment order from a court in Victoria and the debtor now lives in Queensland, which court should I register this order with?
You should register the judgment with the Magistrates Court in the district where the enforcement debtor resides. You can establish this by checking on the Bailiff-Sheriff Australia or Bailiff Queensland websites.
How do I register my money order in Queensland?
You must obtain a certified copy of the money order from the home court that made the order you wish to enforce.
You must send this original certified copy to the Magistrates Court in Queensland where you wish to register the order. You should enclose the relevant fee requesting it be registered with them.
You may wish to enclose the enforcement application at the same time depending on how you wish to enforce the order.
Should you enclose the enforcement application at the same time, you must tell the court in your affidavit that the order:
- has not been satisfied by the enforcement debtor
- is still capable of being enforced in the original interstate court of rendition.
This seems to be more expensive to me so can I claim these additional costs?
Yes. You can claim the additional fees for the certified copy of the original order and the filing fee to register the order in Queensland. This applies no matter what enforcement proceedings you decide to undertake.
If the interstate court allows me to claim interest after judgment can I continue to claim interest even though I have registered the judgment in Queensland?
Yes. You can continue to claim interest after judgment in accordance with the legislation of the home state or territory.
This will need to be stated clearly in your supporting affidavit regardless of which type of enforcement action you decide to undertake.
What should I do if the debtor moves elsewhere in Queensland after I apply for a warrant?
You have two options in this situation and you should decide what is right for your circumstances. You may also wish to seek legal advice.
| 1 | You can make an application for an enforcement hearing at your nearest Magistrates Court, but you will need to provide the enforcement debtor with conduct money to attend the hearing. Should you wish to take this option, the conduct money cannot be claimed. |
| OR | |
| 2 | You can register the order at the nearest Magistrates Court to where the debtor has moved and make the application for an enforcement hearing at the court. |
Does this mean I have to pay the registration fee again?
No. You need to contact the home court (that is, the Magistrates Court in Queensland where you originally filed the interstate order) and request they provide you with a sealed copy of the judgment to file with another Magistrates Court.
The fee to do this is considerably less and is also claimable.
The sealed copy you will get from the home court will be a photocopy of the interstate order endorsed as being registered at that court.
Where can I get further information?
You can get further information from your local Magistrates Court and there are also many community legal centres where you may be able to obtain free legal advice http://www.legalaid.qld.gov.au/applications/organisations/.
If you require more specific information about your circumstances, you should obtain independent legal advice from a trained lawyer.
The relevant legislation which governs this process is the Uniform Civil Procedure Rules 1999 which is subordinate legislation under the Supreme Court of Queensland Act 1999, and the Service and Execution of Process Act 1992 Cwlth.
Last updated Wednesday, 2 April 2008 16:46
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