ACAT Small Claims Enforcement: How to Collect a Judgment in the ACT

ACAT Does Not Collect the Money

You filed a civil dispute application at the ACT Civil and Administrative Tribunal, went through conciliation or a hearing, and ACAT ordered the other party to pay you. Then — nothing happened.

This catches nearly every first-time ACAT applicant off guard. The tribunal resolves disputes and issues orders, but it has no enforcement arm. No bailiffs, no garnishee powers, no ability to seize assets or redirect wages. As one Canberra Reddit user put it: "ACAT has absolutely no enforcement mechanisms, so their decisions are entirely meaningless" — until you take the order to the court that does have those powers.

That court is the ACT Magistrates Court. Every ACAT money order — whether for $800 in unpaid rent or $24,500 in contractor damages — follows the same enforcement pathway.

The Three-Stage Collection Process

Stage 1: Register the Order

Under Section 71 of the ACAT Act 2008, you file your sealed ACAT money order at the Magistrates Court Civil Registry (4–6 Knowles Place, Canberra City), along with a supporting affidavit stating how much remains unpaid.

Registration is free. No hearing. No argument. Once registered, your ACAT order has the same force as a Magistrates Court judgment, and you can use every enforcement tool in the court's arsenal.

Stage 2: Serve the Mandatory Notice

Before you can apply for any enforcement tool, you must serve the debtor with:

1. A copy of the registered judgment
2. Form 2.49 — Notice about court order and enforcement options

Then wait 7 days. This mandatory waiting period cannot be skipped. Applications filed before the 7 days expire are rejected by the registry.

Stage 3: Apply for the Right Enforcement Tool

This is where recovery actually happens. The ACT Magistrates Court offers several tools under Part 2.18 of the Court Procedures Rules 2006:

If you know where the debtor works: Apply for an earnings redirection order (Form 2.64). The employer deducts from each pay and remits to you until the debt is paid. Filing fee: $182 for a natural person or $363 for a corporation.

If you know the debtor's bank: Apply for a debt redirection order (Form 2.62). The bank redirects the account balance to you in a single capture. Filing fee: $182 for a natural person or $363 for a corporation.

If you do not know the debtor's finances: Apply for an enforcement hearing (Forms 2.50 and 2.51). The debtor is subpoenaed to court and examined under oath about their income, bank accounts, and property. Examination fee: $103.

If the debtor owns property: A Magistrates Court judgment must first be certified under CPR r 2010 for enforcement in the Supreme Court. You can then apply to the Supreme Court for a charging order under CPR r 2402. The order charges the debtor's interest in property; it does not itself compel a sale.

If the debtor has seizable goods: Apply for a seizure and sale order (Form 2.59). The Sheriff attends the debtor's premises and seizes personal property for auction. Execution fee: $450.

Every filing fee is a recoverable disbursement — it gets added to what the debtor owes you.

ACAT's $25,000 Jurisdiction and Enforcement

ACAT's civil dispute jurisdiction covers claims up to $25,000. If you abandoned any excess to bring a larger claim within ACAT's limit (permitted under Section 20 of the ACAT Act), the enforcement amount is the order amount — not the original claim. The $25,000 cap applies to the original filing, not to the enforcement tools available in the Magistrates Court.

Once registered, your order is enforced with the full powers of the Magistrates Court. The court does not limit enforcement based on the claim's original tribunal jurisdiction.

Common Small Claims Enforcement Scenarios

Contractor disputes. A tradesperson took payment and did not finish the work. ACAT ordered a refund. The contractor ignores it. Register the order, serve the notice, and apply for an earnings redirection order against their employer or a debt redirection order against their business account.

Consumer goods and services. A retailer or service provider owes you compensation. The business is still operating but will not pay voluntarily. A debt redirection order against the business's trading bank account often produces results — businesses need their operating accounts.

Debt claims. You lent money to someone, ACAT confirmed the debt, and the borrower has gone quiet. Start with an enforcement hearing to discover their financial position, then choose your tool based on what you find.

For the complete enforcement process — from registering your ACAT order to filing the notice of satisfaction when the debt is finally paid — see our ACT ACAT Order Enforcement Guide.

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