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.
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.
- Queensland Civil and Administrative Tribunal Act 2009 (Chapter 5, Part 1)
- Queensland Civil and Administrative Tribunal Rules 2009 (Part 11)
- Uniform Civil Procedure Rules 1999 (Chapter 20, Part 7).