When to file the order
You have up to six years from the date of the QCAT order to file it with a court for enforcement.
Where to file the order
| Order amount | Fie it with |
|---|
| Up to $150,000 | Magistrates Court |
| Between $150,001 and $750,000 | District Court |
| Over $750,000 or complex cases | Supreme Court |
Tip: It’s often more practical to file the QCAT order with the court registry closest to your or the debtor’s home or workplace. Find the nearest court registry.
How to file the order
Provide the court registry with:
- A copy of the QCAT order.
- An affidavit confirming the unpaid amount or other non-compliance:
- use the correct affidavit form (ask the court registry)
- sign it in front of a Justice of the Peace, Commissioner for Declarations, or solicitor.
No filing fee
Filing a QCAT order with a court is free.
What happens next?
You may need to apply for an enforcement hearing to assess the debtor’s financial situation and decide the best way to recover the debt.
Debt recovery options
To recover the money owed, you may decide to, for example:
- apply for an enforcement warrant (e.g. a garnishee order to deduct money from wages or a warrant to seize and sell property)
- negotiate a repayment plan, if the debtor is willing to cooperate.
Legal advice
If you’re unsure, seek legal advice to understand your rights and options.
Money disputes in QCAT
QCAT generally handles disputes valued at $25,000 or less, including unpaid debts, consumer disputes, and minor claims.
However, depending on the type of matter there may be instances where QCAT makes an order for an amount more than $25,000.
More information
For more details, visit QCAT’s Enforcing a QCAT decision web page.
Relevant legislation