When to apply for a hearing
You (the creditor) can apply for an enforcement hearing after the judgment or money order is issued and, if needed, registered in the court.
You must apply within six years, unless the court gives permission for a later application.
Before you apply for a hearing
Before applying for an enforcement hearing, you must ask the debtor to:
- Fill out Form 71—Statement of financial position either:
- Return the completed form to the address you give them.
This statement gives you the financial details you need to decide what to do next.
If you’re satisfied with the statement
If the debtor’s statement of financial position is accurate and complete, you may decide an enforcement hearing is no longer necessary.
Instead, you might:
- apply for an enforcement warrant—to legally enforce the money order, which can be done in several ways (e.g. seizing property, redirecting earnings)
- request an order for payment by instalments—requiring the debtor to pay the money owed in regular amounts over time.
If you’re not satisfied with the statement
If the debtor’s statement of financial position is incomplete, inaccurate, or not returned within 14 days, you can apply for an enforcement hearing.
How to apply for a hearing
To apply for an enforcement hearing, follow these steps:
1. Complete Form 9
Fill out and sign Form 9 - Application (UCPR) (DOC, 45.5 KB), listing the financial documents and other information you need from the debtor.
2. Prepare Form 46
Complete and swear Form 46 - Affidavit (UCPR).
If the debtor must attend court outside their district, include an offer in the affidavit to pay them ‘conduct money’.
You must swear the affidavit no more than:
- two business days before filing in person
- five business days before posting it.
3. Fill out Form 70
Complete Form 70 - Enforcement hearing summons and make three copies.
Include the same list of financial documents and other information you requested in Form 9.
The court will allocate a hearing date on this form and return two copies to you to serve on the debtor.
If applying for an enforcement hearing in the Brisbane Magistrates Court, you can apply online.
4. Attach Form 71
With your application, include either:
This form will be served with the summons for the debtor to complete.
5. Serve the summons
Serve a copy of the summons on the debtor at least two weeks before the hearing.
It can be served by prepaid ordinary post or personally—by yourself or a bailiff or process server.
6. Attend the hearing
Attend court on the allocated hearing date.
If you can’t attend, your lawyer or another person may appear on your behalf, subject to the judicial officer’s approval.
No filing fee
There’s no fee for filing an application for an enforcement hearing.
Information you can request from the debtor
As the creditor, you can ask the debtor to provide details about their:
- assets (e.g. property, vehicles, shares)
- income and employer’s details
- debts
- bank accounts
- means of paying the debt
- any other relevant financial information.
This information helps you decide how to enforce the court’s money order and recover the debt.
Location of hearings
Enforcement hearings are usually held in the court where the money order was made, but can take place at any court in Queensland.
To request a hearing at a different court, file a sealed copy of the judgment with that court.
Contact your local registry for help.
If the hearing is outside the debtor’s district
If the debtor is required to attend a hearing outside the court district where they live or work, you must offer to cover their travel expenses (‘conduct money’).
If the debtor doesn’t attend
You (or your lawyer or another person, if permitted) and the debtor must attend the enforcement hearing.
If the debtor doesn’t attend without a valid reason, you can ask for a warrant for their arrest.
When an order for a warrant to be issued is made, you will need to complete some further steps:
After the enforcement hearing
The outcome of an enforcement hearing depends primarily on the debtor’s capacity to pay. Common scenarios include:
- the debtor is able to pay and cooperates, which may lead to a court-ordered instalment plan or, in some cases, a voluntary payment arrangement, for example
- the debtor is able to pay but does not cooperate, which may result in the creditor pursuing enforcement actions, such as applying for a warrant
- the debtor demonstrates they’re unable to pay, which may require the creditor to consider other recovery options, like waiting for the debtor’s financial situation to improve (the judgment remains enforceable for up to 12 years).
