All other 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, for example a guardianship decision, or
- involves a monetary value but which does not require the payment of money to a person, for example, rectifying defective building work.
The Supreme Court may decide to transfer your application to either the District or Magistrates Court if the decision can be made or enforced in either court.
You will need to provide the court with a copy of the decision that QCAT has certified to be a true copy and an affidavit about the non-compliance with the decision. An affidavit is a sworn statement of fact, signed by you. A justice of the peace, commissioner of declarations or a lawyer must witness you signing the affidavit.
It is free to file the copy of the decision and an affidavit with the courts. When these documents have been filed in a court the QCAT decision is taken to be an order of the court. The QCAT decision can then be enforced by the applicant in the same ways that an Order of the Magistrates Court can be enforced. Means of enforcement can include applying for a warrant of execution or a Money Order. You can obtain legal advice about enforcement options.