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Enforcing a QCAT decision

At the end of a proceeding the tribunal makes a final decision or an agreement is reached by the parties.

The decision may include an order for one or all parties to do something, or to stop acting in a particular way.

Tribunal orders are legally binding and enforceable.

If the other party does not comply with a tribunal order to pay money, to do or cease doing an act, you can enforce the tribunal order.

In Queensland, enforcement proceedings are decided in the courts, which can make various orders to compel a person to comply with an order.

The most common types of orders include:

  • redirection of deposits to a financial institution
  • redirection of earnings or pension payments
  • seizure and sale of property
  • redirection of debt.

The type of order you wish to enforce, be it monetary or non-monetary, determines the court to which you apply.

You have twelve years to enforce your order pursuant to the Limitations of Actions Act 1974.

Parties should be aware that a breach of a tribunal order that does not relate to the payment of money (a non-monetary order) may also constitute contempt of the tribunal.

QCAT has jurisdiction to hear and decide on contempt applications where a party has not complied with a non-monetary order.

In some situations it may not be possible to comply with a QCAT decision.

There may also be problems with interpreting, implementing or enforcing a QCAT decision.

In these cases, a party involved in the matter may apply to the tribunal for a renewal of the tribunal’s decision.

Further information

What is an affidavit?

A written statement made by a person to be used in a court proceeding as evidence. A person who makes an affidavit must swear on oath or make an affirmation that the contents of the affidavit are true. A person who makes an affidavit may be cross-examined about its contents at a hearing.

Last reviewed
16 September 2016
Last updated
16 September 2016

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