ACT Magistrates Court Enforcement Application

Filing an enforcement application in the ACT Magistrates Court is how you turn a paper judgment into actual money. Whether you hold an ACAT order registered under Section 71 or a Magistrates Court judgment, the enforcement tools are the same — and they all start with a formal application.

Here's what the process involves, what it costs, and what happens after you file.

Before You File: The Mandatory Notice

You can't jump straight to an enforcement application. Under CPR Rule 2015, you must first serve the debtor with:

• A copy of the registered judgment or ACAT order
• Form 2.49 (Notice about Court order and enforcement options)

Then wait seven days from the date of service. This notice tells the debtor which enforcement tools the court can use and gives them a final window to pay. Skip this step and the registry rejects your application.

Which Enforcement Application to File

The Magistrates Court offers four main enforcement pathways. Each requires a separate application:

Enforcement hearing (Form 2.50/2.51) — Use this to compel the debtor to disclose their financial position under oath. Application fee: $100 for examination. Best used first, when you don't know what the debtor owns.

Earnings redirection order — Directs the debtor's employer to deduct money from wages. You'll need the employer's name and address. Application fee: $176 (individuals) or $351 (corporations).

Debt redirection order — Captures funds from the debtor's bank account. You need the bank and branch details. Same application fee as earnings redirection.

Seizure and sale order (Form 2.55) — Sends the Sheriff to seize and auction the debtor's personal property. Application fee: $176/$351 plus $435 Sheriff execution fee.

How to Lodge

File your application at the ACT Magistrates Court Civil Registry, 4–6 Knowles Place, Canberra City. Each application needs:

• The completed application form
• A supporting affidavit confirming the outstanding debt, any partial payments, and the grounds for the application
• Proof that Form 2.49 was served at least seven days earlier
• Payment of the applicable court fee

The eLodgment portal is used by registered legal practitioners and authorized users. Self-represented litigants file on paper at the counter.

After Filing

The registry reviews your application for compliance. If accepted, it issues the relevant order — a subpoena for an enforcement hearing, a redirection order to serve on an employer or bank, or a seizure and sale order directed to the Sheriff.

You're responsible for serving the order on the right party. Service rules vary by order type: enforcement hearing subpoenas require personal service at least 14 days before the hearing date with conduct money, while redirection orders are served on the third party (employer or bank) with a copy to the debtor.

All application fees are recoverable court disbursements — they're added to the judgment debt and the debtor ultimately pays them.

Getting the Forms and Process Right

The Enforcing an ACAT Order in the ACT guide maps each enforcement tool to its exact form, fee, service method, and timeline. It includes a decision matrix to help you pick the right tool for your debtor's situation, plus a form-and-fee reference card you can take to the registry counter.

See more Australian Capital Territory guides →