About money disputes

Money disputes happen when someone believes they’re owed money or have lost money because of someone else.

In Queensland, money disputes can be resolved through the court system. You may also try to resolve the issue privately or through alternative dispute resolution first.

If you’re the plaintiff (the person making the claim) and the court rules in your favour, it will usually order the other party to pay you.

If they don’t pay, you can take steps to enforce the order and recover the debt.

Examples of money disputes

Common examples of money disputes include:

  • unpaid debts—when a person or business doesn’t pay for goods, services, or loans
  • breach of contract—when a contract isn’t honoured, causing financial loss
  • property damage—when property is damaged and compensation is needed
  • unpaid rent or lease issues—when disputes arise over rent, fees, or bond deductions
  • loan repayment disputes—when a borrower doesn’t repay as agreed.

Amount claimed

The amount of money claimed in a money dispute can be:

  • an agreed or fixed amount (e.g. unpaid rent or loan repayments)
  • an unknown amount (e.g. financial loss from a breach of contract).

Which courts hear money disputes

The court that hears your money dispute depends on the amount involved:

AmountCourt
Up to $150,000Magistrates Court
Between $150,001 and $750,000District Court
Over $750,000 or complex casesSupreme Court

Disputes up to $25,000

Disputes involving amounts up to $25,000 are generally heard by the Queensland Civil and Administrative Tribunal.

Starting a court action

If someone owes you money or has caused you financial loss, you can start a court action by filing a claim and statement of claim.

These documents explain your case, the amount you’re claiming, and why you’re entitled to it.

Once filed, the documents must be given to (‘served on’) the other party to notify them of your claim.

Read more about starting a court action.

Judgment of the court

After hearing evidence and arguments from both sides, the court may make a decision. This is called a judgment.

If the court agrees with your claim, it may order the other party (the debtor) to pay you (the creditor) an amount of money.

If the other party doesn’t respond to your claim or has no valid defence, you can apply for a judgment without a full hearing.

Read more about applying for a judgment.

Creditor and debtor

Once a judgment is made, the plaintiff and defendant are typically referred to as the creditor (the party owed money) and the debtor (the party who owes the money) respectively.

Understanding the debtor’s finances

If the court rules in your favour, you (the creditor) can ask the debtor to complete a statement of financial position.

This document outlines their income, assets, debts, and expenses.

It helps you understand if the debtor can pay and what options might work best to recover the money.

Read more about the statement of financial position.

If the debtor doesn’t pay

Winning a court case doesn’t guarantee you’ll be paid right away.

If the debtor doesn’t pay voluntarily, you can take steps to enforce the court order and recover the money owed.

Enforcement hearing

If the debtor won’t cooperate or their finances are unclear, you can apply for an enforcement hearing.

At the hearing, you can question the debtor under oath about their finances.

This gives you a clearer picture of debtor’s financial position and helps you decide the best way to get the money back.

Read more about enforcement hearings.

Enforcement warrant

If the debtor doesn’t pay, you can apply for an enforcement warrant, which is a court order to help you recover the money.

This might include seizing and selling the debtor’s property or redirecting their wages.

The type of warrant depends on the debtor’s financial situation, based on their statement of financial position or information from an enforcement hearing.

Read more about enforcement warrants.

Employment claims

If your employer has underpaid you, you may be able to claim the money owed through the Magistrates Court.

Read more about employment claims.

Privacy notice

Certain personal information is collected by the Court when a claim for a civil action, money dispute or recovery of a civil debt is lodged with the Court. It is the Court’s usual practice to disclose any judgments issued or monetary orders that have been registered for enforcement, including relevant personal information about the debtor, upon request under the Uniform Civil Procedure Rules 1999 to Credit Reporting Agencies.

The existence of a court judgment, and relevant personal information, may subsequently be disclosed by Credit Reporting Agencies when they provide credit reports to credit providers.

Further information about credit reports, including how to get a mistake fixed or judgment corrected, is available at MoneySmart or Legal Aid Queensland.