A reference to “the Rules” is a reference to the Uniform Civil Procedure Rules 1999 (Qld).

The steps to enforce a court’s monetary order are:

• • Step 1 – write a letter to the enforcement debtor
  • Step 2 – consider the financial situation of the enforcement debtor and, if necessary, apply for an enforcement hearing
  • Step 3 – apply for an enforcement warrant

Time limits

You may enforce a judgment for a monetary sum at any time within six years from the date of the decision. If you do not enforce the decision within this six year time frame you may lose the right to do so. You can apply to the court for an extension of this first six year period for a further six years, however, the court may not necessarily grant the extension of time.

Step 1 – write a letter to the enforcement debtor

The first step in an enforcement process is usually to write a ‘letter of demand’ to the enforcement debtor; advising of the date of the decision and the amount owing, and requesting that the amount be paid by a reasonable date (e.g. 7 days or 14 days etc). You do not necessarily have to take this step but it can save you the time and cost of taking other enforcement steps, and sometimes the enforcement debtor will make a payment.

You should attach a copy of the court decision to the letter and provide your bank account details, or the name you wish a cheque to be made out to, so that the enforcement debtor may pay you the amount owing.

If the enforcement debtor does not pay you within the time specified, you should consider commencing enforcement proceedings.

Enforcement proceedings can either be conducted in the same court that made the order, or if the size of the costs order that you have falls within the monetary jurisdiction of a lower court, then you can register the judgment in that lower court (rule 802). The Magistrates Court deals with matters of less than $150,000, and the District Court deals with matters between $150,000 – $750,000. The Supreme Court deals with matters greater than $750,000.

Step 2 – consider the financial situation of the enforcement debtor and, if necessary, apply for an enforcement hearing

It will only be worthwhile pursuing enforcement proceedings if the enforcement debtor has access to money or assets (which may be sold) to be able to pay you the amount owed.

You will need to consider what you know about the enforcement debtor’s financial situation. For example, you may know that the enforcement debtor owns a property, works for a particular employer or has money owing to them from a third party. If you do not know anything about the enforcement debtor’s financial situation you will need to apply for an enforcement hearing to obtain this information.

Either way, you should send the enforcement debtor a letter enclosing a statement of financial position (form 71). Ask the enforcement debtor to complete this form and return it to you within 14 days. You must send a statement of financial position before you apply for an enforcement hearing.

If the enforcement debtor pays you the amount you are owed in response to this letter, you will not need to commence enforcement proceedings and the matter will be over.

If the enforcement debtor returns the statement of financial position to you with sufficient information, you can then proceed to apply for an enforcement warrant. See step 3 below.

If the enforcement debtor does not respond to you within 14 days or does not provide sufficient information, then you will need to apply for an order that the enforcement debtor attend an enforcement hearing. An enforcement hearing is an oral examination by the court of the enforcement debtor about their financial position.

Applying for an enforcement hearing

To apply for an enforcement hearing, you will need to file the following three documents at the court where you registered the decision.

1. Court Form 9 – Application. This document is for you to ask the court for an order that:
   • the enforcement debtor to be summoned to an enforcement hearing; and
   • the enforcement debtor provide you with documents relating to their finances, e.g. documents about assets, income, bank accounts, or other documents which may demonstrate their ability to pay you the amount you are owed.
2. Court Form 46 – Affidavit. This document is for you to swear or affirm:
   • the amount you are owed and the steps you have taken to recover this amount;
   • whether you have received a completed statement of financial position;
   • if you have received a complete statement of financial position, why you are not satisfied with the information in the statement; and
   • an offer to pay conduct money for the enforcement debtor’s attendance at the hearing (if relevant).
3. Court Form 70 – enforcement hearing summons. This document is for you to list what documents you want the enforcement debtor to provide at the hearing (which you should have already referred to in Form 9).

The court will set a date for the enforcement hearing and issue the summons, which must be served by you on the enforcement debtor at least 14 days before the date of the hearing. The summons may instruct the enforcement debtor to provide you with a completed Statement of Financial Position (Form 71) before the hearing (Rule 808(7)). If this is the case, you will need to serve a blank Form 71 with the summons.

If the enforcement debtor returns the Statement of Financial Position to you with sufficient information, you should notify the court and the enforcement debtor that you no longer require the enforcement hearing and apply for an enforcement warrant (see step 3 below).

If the enforcement debtor does not return the Statement of Financial Position to you before the hearing, the enforcement hearing will proceed. The enforcement debtor will be required to attend court to answer questions about their finances and bring along any documents listed in the enforcement hearing summons. You will also need to attend the hearing.

The enforcement hearing may prompt the enforcement debtor to negotiate payment arrangements with the enforcement creditor (you) to resolve the dispute. If the enforcement debtor does not offer to negotiate, the court may order an enforcement warrant.

If the enforcement debtor fails to attend the hearing, the court may issue a warrant for their arrest.

Step 3 – apply for an enforcement warrant

Once you have obtained information about the enforcement debtor’s financial position (either through your own informal searches or through the enforcement hearing process) you can apply to the court for an enforcement warrant.

Types of enforcement warrants

The types of enforcement warrants that you can apply for are listed below:

• Enforcement warrant for redirection of earnings under rule 855. This type of warrant directs the enforcement debtor’s employer to pay part of his/her wages to you whenever they get paid. To apply for this type of warrant, details of the source of the enforcement debtor’s earnings, for example their employer, are required.
• Enforcement warrant for redirection of a debt under rule 840. This type of warrant directs a third party who currently owes a debt to the enforcement debtor to pay that money to you instead. To apply for this type of warrant you will need to know the details of the third party and the amount they owe the enforcement debtor.
• Enforcement warrant for regular redirections from a financial institution under rule 848. This type of warrant directs a financial institution, e.g. a bank, to redirect regular payments received by the enforcement debtor to you. To apply for this type of warrant you will need to know details of any payments regularly made and the enforcement debtor’s account details.
• Enforcement warrant for seizure and sale of property under rule 828. This type of warrant directs the enforcement officer, who is the sheriff or bailiff of the court, to seize and sell property belonging to the enforcement debtor. There are limits on the type of property which may be seized and sold. To apply for this type of warrant, you will need to know details of the enforcement debtor’s property which may be seized and sold.

You will need to consider which enforcement warrant is most appropriate in your case and apply for that specific warrant.

Applying for an enforcement warrant

To apply for an enforcement warrant, you will need to file the following three documents at the court where you registered the decision.

1. Form 9 – Application. This document is for you to ask the court to issue an enforcement warrant.
2. Form 74 – Statement supporting application for enforcement warrant. This document is for you to set out details about the decision you are seeking to enforce, costs incurred by you in pursuing enforcement proceedings and interest claimable. You must complete this statement no more than 2 days before you file the application; and
3. Form 75 – Enforcement warrant (seizure and sale), Form 76 – Enforcement warrant (redirection of debt), Form 77 – Enforcement warrant (regular redirection) or Form 78 – Enforcement warrant (redirection of earnings). You will need to choose the correct warrant form and attach this to your application and supporting statement.

Once you have filed the documents, the registrar of the court will decide whether to issue an enforcement warrant

Serving an enforcement warrant

If the registrar issues an enforcement warrant, the warrant will need to be served on the enforcement debtor and any person required to take action under the warrant, such as the enforcement debtor’s employer (if the enforcement debtor is an individual) or financial institution. There are different rules about how the different types of warrants must be served.

You may choose to engage a “bailiff” to serve the warrant. A warrant for the seizure and sale property must be executed by a bailiff. If you engage a bailiff, you will need to pay a deposit of money as security for any costs the bailiff may incur in executing the warrant. Bailiffs can be employed by contacting the bailiff’s office at the courthouse.

This factsheet outlines the steps required to enforce a decision of the Federal Circuit Court (FCC) that requires a person or company to pay a fixed amount of money. It does not apply to the enforcement of orders made in family law proceedings.

In this factsheet, “enforcement creditor” means the person or company who is owed money and is taking enforcement action and “enforcement debtor” means the person or company who owes the money and is the subject of enforcement action.

A reference to “the Rules” is a reference to the Uniform Civil Procedure Rules 1999 (Qld). A reference to a “Form” is a reference to the UCPR Forms (found here).

For matters decided in Queensland, the FCC has adopted the Rules for the purposes of enforcing monetary decisions – see section 78 of the Federal Circuit Court Act 1999 (Cth) and rule 29.07 of the Federal Circuit Court Rules 2001. Therefore, when you lodge enforcement proceedings in the FCC against an enforcement debtor, you will need to use the forms as required by the Rules. As these forms are normally for use in the Queensland Courts, you will need to change any reference to the Queensland Courts in the forms (e.g. the title) to say ‘Federal Circuit Court of Australia’.

The steps to enforce a FCC decision are:

1. 1. 1. write a letter to the enforcement debtor
      2. consider the financial situation of the enforcement debtor and, if necessary, apply for an enforcement hearing
      3. apply for an enforcement warrant

Time limits

You may enforce a judgment for a monetary sum at any time within six years from the date of the decision. If you do not enforce the decision within this six year time frame you may lose the right to do so. You can apply to the court for an extension of this first six year period for a further six years, however, the court may not necessarily grant the extension of time.

Step 1 – write a letter to the enforcement debtor

The first step in an enforcement process is usually to write a “letter of demand” to the enforcement debtor; advising of the date of the decision and the amount owing, and requesting that the amount be paid by a reasonable date (e.g. 14 days or 21 days etc).

You should attach a copy of the decision to the letter and provide your bank account details, or the name you wish a cheque to be made out to, so that the enforcement debtor may pay you the amount owing.

If the enforcement debtor does not pay you within the time specified, you should consider commencing enforcement proceedings.

Step 2 – consider the financial situation of the enforcement debtor and, if necessary, apply for an enforcement hearing

It will only be worthwhile pursuing enforcement proceedings if the enforcement debtor has access to money or assets (which may be sold) to be able to pay you the amount owed.

You will need to consider what you know about the enforcement debtor’s financial situation. For example, you may know that the enforcement debtor owns a property, works for a particular employer or has money owing to them from a third party. If you do not know anything about the enforcement debtor’s financial situation you will need to apply for an enforcement hearing to obtain this information.

Either way, you should send the enforcement debtor a letter enclosing a Statement of Financial Position (Form 71 if the enforcement debtor is an individual or Form 71A if the enforcement debtor is a company). Ask the enforcement debtor to complete this form and return it to you within 14 days.

If the enforcement debtor pays you the amount you are owed in response to this letter, you will not need to commence enforcement proceedings and the matter will be over.

If the enforcement debtor returns the Statement of Financial Position to you with sufficient information, you can then proceed to apply for an enforcement warrant. See step 3 below.

If the enforcement debtor does not respond to you within 14 days or does not provide sufficient information, then you will need to apply for an order that the enforcement debtor attend an enforcement hearing. An enforcement hearing is an oral examination by the court of the enforcement debtor about their financial position.

Applying for an enforcement hearing

To apply for an enforcement hearing, you will need to file the following three documents:

Court Form 9 – Application. This document is for you to ask the court for an order that:

• • • the enforcement debtor to be summoned to an enforcement hearing; and
    • the enforcement debtor provide you with documents relating to their finances, e.g. documents about assets, income, bank accounts, or other documents which may demonstrate their ability to pay you the amount you are owed.

Court Form 46 – Affidavit. This document is for you to swear or affirm:

• • • the amount you are owed and the steps you have taken to recover this amount;
    • whether you have received a completed statement of financial position;
    • if you have received a complete statement of financial position, why you are not satisfied with the information in the statement; and
    • an offer to pay conduct money for the enforcement debtor’s attendance at the hearing (if relevant).

Court Form 70 – enforcement hearing summons. This document is for you to list what documents you want the enforcement debtor to provide at the hearing (which you should have already referred to in Form 9).

The court will set a date for the enforcement hearing and issue the summons, which you must personally serve on the enforcement debtor at least 14 days before the date of the hearing. The summons may instruct the enforcement debtor to provide you with a completed Statement of Financial Position (Form 71 if the enforcement debtor is an individual or Form 71A if the enforcement debtor is a company) before the hearing. If this is the case, you will need to serve a blank Statement of Financial Position with the summons.

Personal service means that if the enforcement debtor is an individual, you will need to arrange for a copy of the summons to be handed to that person or, if they refuse to accept them, put down in the person’s presence with an explanation of what they are. If the enforcement debtor is a corporation, personal service requires you to go to the registered office of the corporation and to leave a copy of the documents with a person in the service of that corporation. The registered office of a corporation can be different from the company’s principal place of business. You should obtain a current company extract from the Australian Securities and Investments Commission which will show the company’s registered address. If you are not comfortable serving the summons yourself, you can ask a friend to do it or pay a fee for a bailiff or process server to serve the summons.

After the enforcement hearing summons has been served, the person who performed service should swear an affidavit of service. Once the affidavit of service is complete you will need to lodge it with the FCC.

If the enforcement debtor returns the Statement of Financial Position to you with sufficient information, you should notify the court and the enforcement debtor that you no longer require the enforcement hearing and apply for an enforcement warrant. See step 3 below.

If the enforcement debtor does not return the Statement of Financial Position to you before the hearing, the enforcement hearing will proceed. The enforcement debtor will be required to attend court to answer questions about their finances and bring along any documents listed in the enforcement hearing summons. You will also need to attend the hearing.

The enforcement hearing may prompt the enforcement debtor to negotiate payment arrangements with the enforcement creditor (you) to resolve the dispute. If the enforcement debtor does not offer to negotiate, the court may order an enforcement warrant.

If the enforcement debtor fails to attend the hearing, the court may issue a warrant for their arrest.

Step 3 – apply for an enforcement warrant

Once you have obtained information about the enforcement debtor’s financial position (either through your own informal searches or through the enforcement hearing process) you can apply to the court for an enforcement warrant.

Types of enforcement warrants

The types of enforcement warrants that you can apply for are listed below:

• • • Enforcement warrant for redirection of earnings under rule 855. This type of warrant directs the enforcement debtor’s employer to pay part of his/her wages to you whenever they get paid. To apply for this type of warrant, details of the source of the enforcement debtor’s earnings, for example their employer, are required.
    • Enforcement warrant for redirection of a debt under rule 840. This type of warrant directs a third party who currently owes a debt to the enforcement debtor to pay that money to you instead. To apply for this type of warrant you will need to know the details of the third party and the amount they owe the enforcement debtor.
    • Enforcement warrant for regular redirections from a financial institution under rule 848. This type of warrant directs a financial institution, e.g. a bank, to redirect regular payments received by the enforcement debtor to you. To apply for this type of warrant you will need to know details of any payments regularly made and the enforcement debtor’s account details.
    • Enforcement warrant for seizure and sale of property under rule 828. This type of warrant directs the enforcement officer, who is the sheriff or bailiff of the court, to seize and sell property belonging to the enforcement debtor. There are limits on the type of property which may be seized and sold. To apply for this type of warrant, you will need to know details of the enforcement debtor’s property which may be seized and sold.

You will need to consider which enforcement warrant is most appropriate in your case and apply for that specific warrant.

Applying for an enforcement warrant

To apply for an enforcement warrant, you will need to complete and lodge the following documents:

1. 1. Form 9 – Application. This document is for you to ask the court to issue an enforcement warrant.
   2. Form 74 – Statement supporting application for enforcement warrant. This document is for you to set out details about the decision you are seeking to enforce, costs incurred by you in pursuing enforcement proceedings and interest claimable. You must complete this statement no more than 2 days before you file the application; and
   3. Form 75 – Enforcement warrant (seizure and sale), Form 76 – Enforcement warrant (redirection of debt), Form 77 – Enforcement warrant (regular redirection) or Form 78 – Enforcement warrant (redirection of earnings). You will need to choose the correct warrant form and attach this to your application and supporting statement.

Once you have filed the documents, the registrar of the court will decide whether to issue the enforcement warrant.

Serving an enforcement warrant

If the registrar issues the enforcement warrant, the warrant will need to be served on the enforcement debtor and any person required to take action under the warrant, such as the enforcement debtor’s employer (if the enforcement debtor is an individual) or financial institution.

There are different rules about how the different types of warrants must be served.

You may choose to engage an officer of court to serve the warrant. A warrant for the seizure and sale property must be executed by an officer of the court. If you engage an officer of the court, you will need to pay a deposit of money as security for any costs the officer may incur in executing the warrant. This service can be engaged by contacting the Registry.

This page contains information on all steps of the legal process for persons considering initiating proceedings or who are currently involved in legal proceedings. There is also practical information on representing yourself in court.

Factsheets

Queensland Courts

Before the hearing

• Alternative Dispute Resolution

• Alternative Dispute Resolution – Offers to settle

• Civil litigation in Queensland

• Class actions

• Cause of action

• Standing and involvement in legal proceedings

• Deciding to commence legal action

• Commencing court proceedings

• Applications in the Queensland Courts – a short guide

• Filing documents in the Queensland Courts

• Drafting a Statement of Claim – tips and examples

• Drafting a Defence – tips and examples

• Drafting an Affidavit

• Drafting an effective reply and answer

• Drafting an outline of argument or submissions

• Disclosure – practice and procedure

• Serving court documents

• Amending court documents – Queensland Courts

• Setting a civil trial date

• Court proceedings – making progress

• Dealing with lawyers on the other side of litigation

During the hearing

• Hearings in Queensland Courts – twelve tips

• Hearings in Queensland Courts – twelve tips (Spanish Translation)

• Hearings in court – commonly used words

• Court etiquette

• Representing yourself at trial – Queensland Courts

• Court supervision of cases

Orders and Enforcement

• Default and summary judgments

• Costs orders in Queensland Courts

• Enforcement of a monetary decision of the Federal Circuit Court

• Enforcement of monetary decision of the Magistrates, District or Supreme Court

• Enforcement proceedings in the Magistrates Court: Information for debtors

• Enforcement of non-money orders and contempt

• Enforcement warrants – how to respond

Appeals

• Appeals in the Queensland Court of Appeal – how to bring an appeal

• Appeals in the Queensland Court of Appeal – how to respond to an appeal

• Appeals in the District Court of Queensland

Videos

• Video 1 – Starting a Court Case

• Video 2 – Defending a Court Case

• Video 3 – Disclosure and Proving Your Case

• Video 4 – Attending Court Hearings

• Video 5 – The Trial

Time limitations

• Fee reductions in the Queensland Courts

• Time limits under the Uniform Civil Procedure Rules 1999 (Qld)

• Time limits under the Uniform Civil Procedure Rules 1999 (Qld) – additional requirements for corporations

• Time limits – calculating time

• Limitation periods

• Extensions of time

External resources

• Queensland Courts – Queensland Courts homepage.

• High Court of Australia – High Court of Australia homepage.

• Federal Court of Australia – Federal Court of Australia homepage.

• Federal Circuit Court of Australia – The Federal Circuit Court of Australia is a court that acts as an alternative to hear matters that would otherwise be heard in the Family Court of Australia or the Federal Court of Australia.

• Queensland Civil and Administration Tribunal – The Queensland Civil and Administrative Tribunal (QCAT) is an independent tribunal that solves disputes or provides review on a variety of matters.

• Court Network – Court Network is a Queensland and Victorian service aimed at providing support to people attending court.

Where to go for help

• LawRight is an independent, not-for-profit, community-based legal organisation that operates a civil law referral service for pro bono legal representation and direct legal services for particular disadvantaged client groups.For more information about the help available, and the process for applying for help, please see the LawRight website at www.lawright.org.au. LawRight’s Self Representation Service provides free legal advice and assistance to self-represented parties throughout the course of their proceedings in the Supreme and District Courts of Queensland, the Queensland Court of Appeal, the Queensland Civil and Administrative Tribunal and the Federal Circuit Court and Federal Court in Queensland. The Service is the only one of its kind in Australia, developed to meet a recognised need in all jurisdictions in which it operates.

• You may wish to approach a community legal centre for assistance. To find your nearest community legal centre, please visit the Community Legal Centres Queensland website at www.communitylegalqld.org.au. There are a number of community legal centres throughout Queensland that hold regular advice sessions.