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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, which is a direction or instruction for one or all parties to do something, or to stop acting in a particular way.

What if the other party doesn’t follow the tribunal decision?

Decisions of the tribunal must be followed. If the other party does not follow the order, it is up to you to enforce it through a court. The tribunal does not enforce the decision.

How a decision is enforced depends on the type of matter and how much money is involved.

Building dispute decisions

If the building contractor or professional fails to comply with the QCAT decision related to a domestic or commercial building dispute the decision can be enforced in the:

Minor civil dispute decisions 

Minor civil dispute orders can be enforced through the Magistrates Court even if they do not involve the payment of money.

You need to provide the court with a certified copy of the tribunal order (stamped by QCAT to confirm it is a true copy) and an affidavit (a sworn statement signed by you) confirming the amount not paid or an action which has not been taken. A justice of the peace, commissioner of declarations or a lawyer must witness you signing the affidavit.

It is free to file the order and affidavit with the courts. Once filed, the QCAT decision is taken to be an order of the court and can be enforced in the same ways as an Order of the Magistrates Court. You can get legal advice about enforcement options including applying for a warrant of execution or a Money Order. 

Residential tenancy termination decisions

If the tribunal issues a Warrant of Possession as part of a residential tenancy termination, the police are responsible for executing the warrant.

You may wish to contact the police station closest to the residential property if circumstances change, for example the tenant has left the residential property.

Other monetary decisions

If QCAT’s decision requires a party to pay you money you can apply to have your decision enforced through the:

You need to provide the court with a certified copy of the tribunal order (stamped by QCAT to confirm it is a true copy) and an affidavit (a sworn statement signed by you) confirming the amount which has not been paid or other non-compliance with the decision. A justice of the peace, commissioner of declarations or a lawyer must witness you signing the affidavit.

It is free to file the order and affidavit with the courts. Once filed, the QCAT decision is taken to be an order of the court and can be enforced in the same ways as an Order of the Magistrates Court. You can get legal advice about enforcement options including applying for a warrant of execution or a Money Order. 

Non-monetary decisions

You can apply to have a QCAT decision enforced through the Supreme Court if the decision:

  • does not involve any monetary value e.g. a guardianship decision; or
  • involves a monetary value but does not require the payment of money to a person e.g. rectifying defective building work.

The Supreme Court may transfer your application to either the District or Magistrates Court if the decision can be made or enforced in either court.

You need to provide the court with a certified copy of the tribunal order (stamped by QCAT to confirm it is a true copy) and an affidavit (a sworn statement signed by you) confirming the non-compliance with the decision. A justice of the peace, commissioner of declarations or a lawyer must witness you signing the affidavit. 

It is free to file the order and affidavit with the courts. Once filed, the QCAT decision is taken to be an order of the court and can be enforced in the same ways as an Order of the Magistrates Court. You can get legal advice about enforcement options including applying for a warrant of execution or a Money Order.

Renewal

When a party is unable to comply with the tribunal's decision it may be possible for a party involved in the proceedings to apply for a renewal of QCAT's final decision.

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
9 November 2011
Last updated
22 April 2015

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