QCAT - Enforcing Monetary Orders
By Steven Tapiolas
The Queensland Civil and Administrative Tribunal (QCAT) is an independent statutory body which operates alongside the Queensland court system.
The purpose of QCAT is to provide the quick and inexpensive resolution of disputes with minimal formality.
QCAT is empowered to handle a wide range of matters, including acting as an external review mechanism of some decisions made by government entities.
The scope of matters handled by QCAT is extensive, a few include:
- Debt and other civil disputes
- Building disputes
- Motor vehicle disputes
- Occupational regulation
- Retail shop lease disputes
Decisions made by QCAT must be complied with.
However, QCAT is not responsible for enforcing all decisions.
In the case where a monetary order is made, the successful party must first register the decision with the Queensland courts for it to become enforceable.
The appropriate court to register the monetary order will depend on the value of the order:
- Magistrates Court – for amounts up to and including $150,000
- District Court – for amounts above $150,000 and up to and including $750,000
- Supreme Court – for amounts above $750,000
The party registers the monetary order by filing a copy of it, along with an accompanying sworn statement that the amount remains unpaid, with the appropriate court.
Once registered, the monetary order is considered to be an enforceable court order and enforcement procedures may be commenced to try and recover the amount owing. For instance, bankruptcy proceedings can be commenced against individuals and winding-up proceedings can be commenced against corporations.
If you require assistance registering and/or enforcing your QCAT decision please do not hesitate to contact our commercial litigation department to discuss further.