Best Enforcement Option for an Unpaid ACT Bond or Tenancy Deposit

If ACAT ordered the return of a bond still held by the ACT Revenue Office, apply for release under section 34E of the Residential Tenancies Act 1997. For a separate monetary order for rent arrears, property damage, or an amount not covered by the bond, register it in the Magistrates Court and choose an enforcement tool based on the debtor's assets. A debt redirection order can capture available bank funds when served; an earnings redirection order produces deductions each pay period.

Residential tenancy disputes are ACAT's highest-volume category, and unpaid bond and compensation orders are the most common enforcement scenario for individual ACT creditors. The amounts are typically between $1,000 and $5,000 — too small for a lawyer, too important to walk away from.

Tenancy Orders That Can Be Enforced Through the Magistrates Court

ACAT issues monetary orders across several residential tenancy scenarios. Monetary orders for compensation, rent arrears, and illegal-fee recovery can be registered and enforced through the Magistrates Court under Section 71 of the ACAT Act:

• Bond orders: ACAT decides how bond money held by the ACT Revenue Office is to be paid; a tenant or lessor can then apply to the Territory for release under section 34E of the Residential Tenancies Act 1997
• Compensation for property damage: ACAT orders the tenant to pay the landlord for damage beyond fair wear and tear
• Rent arrears orders: ACAT orders the tenant to pay outstanding rent
• Illegal fee recovery: ACAT orders the landlord or agent to refund an unlawfully charged fee

Other ACAT monetary orders, including strata levy orders, can also be registered and enforced under Section 71 of the ACAT Act.

Non-monetary orders — work orders for repairs, termination and possession orders — follow different enforcement routes and are not covered by the standard debt enforcement pathway.

The Court Enforcement Path for a Tenancy or Other Money Order

Step 1: Register the Order ($0 Court Fee)

Take your sealed ACAT order to the Magistrates Court Civil Registry at Knowles Place. File the order with a supporting affidavit stating the amount remaining unpaid. This registration converts the ACAT order into an enforceable Magistrates Court judgment at no cost.

Step 2: Serve the Pre-Enforcement Notice ($0 Court Fee)

Serve the debtor (landlord, tenant, or property manager) with a copy of the registered judgment and Form 2.49 (notice about court order and enforcement options). You can serve by registered post to their last known address, personal delivery, or by leaving it with someone over 16 at their residence or business.

Wait the mandatory seven days. Some debtors pay at this stage — a formal Magistrates Court notice carries more weight than the original ACAT order.

Step 3: Choose the Right Tool

Against a landlord or property manager (bond return or illegal fee refund):

A debt redirection order (Form 2.62) is usually the best first move. Property managers operate through trust accounts and business accounts with regular cash flow. The order is served on the bank, which freezes and redirects the available balance to you. You do not need the debtor's cooperation — the money comes directly from the institution.

If you know the landlord is employed (many ACT landlords are working professionals with investment properties), an earnings redirection order (Form 2.64) served on their employer provides steady deductions each pay period.

If you do not know the landlord's bank or employer, apply for an enforcement hearing ($103) first — the court subpoenas the debtor to disclose their financial position under oath.

Against a tenant (rent arrears or damage compensation):

Tenants often have more limited assets. An enforcement hearing ($103) is the right first step — it reveals whether the tenant is employed, whether they have a bank balance, and whether further enforcement spending is justified. If the tenant is employed, an earnings redirection order gives you regular deductions without further court appearances. If they have a bank account with sufficient funds, a debt redirection order captures the balance in one step.

For tenants who are on social security benefits (Centrelink payments), those payments are federally protected and cannot be garnished through state enforcement tools. The enforcement hearing will reveal this, saving you from spending further fees on tools that cannot reach exempt income.

Cost Breakdown for Typical Tenancy Amounts

The listed Magistrates Court fees are effective from 1 July 2026 and use the natural-person application rate; a standard corporation pays $363 for an enforcement application. Not-for-profit corporations and corporations with turnover under $200,000 pay the natural-person rate. Court filing, process-server and Sheriff execution charges are recoverable disbursements added to the judgment debt; you recover them when the debtor pays.

Special Considerations for Tenancy Enforcement

The bond itself may still be held by the Territory. If ACAT made an order about a residential tenancy bond held by the ACT Revenue Office, a party can apply for its release under section 34E of the Residential Tenancies Act 1997. The Territory gives notice to the other party and pays the amount directed from the bond trust account. Use Magistrates Court enforcement for a separate amount not covered by that bond process.

Property managers are easier to locate and serve. Licensed real estate agents in the ACT have registered business addresses, which simplifies service of enforcement documents. If the property manager is a company, enforcement applications can target the company's business accounts directly.

Tenant addresses may be stale. If you are a landlord enforcing against a former tenant who has vacated, you may not know their current address. The enforcement hearing subpoena requires personal service, which means you need to locate them. If personal service fails despite reasonable diligence, apply for substituted service under CPR Rule 6460 — the court may allow service by email, text message, or posting at the last known address.

Strata levy orders have the same pathway. If ACAT ordered an owner to pay outstanding strata levies to the owners corporation, the enforcement process is identical — register, serve Form 2.49, then choose the enforcement tool. Strata debts often exceed individual tenancy disputes, making the court fees more proportionate.

Who This Is For

• Tenants who won a bond return or compensation order at ACAT and the landlord or property manager has not paid
• Landlords with an ACAT order for rent arrears, property damage compensation, or unpaid levies where the tenant has not paid
• Owners corporations with ACAT orders for unpaid strata levies against individual unit owners
• Anyone involved in an ACT residential tenancy dispute where the monetary order is between $500 and $25,000

Who This Is NOT For

• Bond orders directing payment from money still held by the ACT Revenue Office — apply for release under section 34E before considering court enforcement for any separate amount
• Non-monetary ACAT orders (repair orders, termination and possession) — these follow different enforcement mechanisms
• Tenancy disputes in other Australian states — each state has its own enforcement system and forms
• Situations where the debtor has filed for bankruptcy — federal insolvency law halts all state enforcement

Frequently Asked Questions

Can I enforce an ACAT bond order if the landlord is a company?

For a monetary judgment against a company, register the order in the Magistrates Court and enforce against the company. If ACAT ordered a payment from a bond held by the Territory, apply for bond release under section 34E of the Residential Tenancies Act 1997. If you need financial disclosure about the company, CPR Rule 2104 allows an enforcement hearing subpoena to be issued to a senior officer.

What if the property manager has closed their business?

If the property management company has been deregistered with ASIC, enforcement becomes more complex — you may need to apply to ASIC for reinstatement of the company registration before enforcing. If the company is still registered but has ceased trading, enforce against whatever assets remain, including bank accounts and any property held by the company.

How long do I have to enforce an ACAT tenancy order?

The limitation period for an action on a judgment is 12 years from when it first becomes enforceable. Starting enforcement proceedings more than six years after the order was made requires court leave.

Is it worth enforcing a $1,000 bond order through the Magistrates Court?

For a separate monetary order, a debt redirection application costs $182 at the natural-person rate ($363 for a standard corporation) under the fee schedule effective from 1 July 2026. An enforcement hearing costs $103, bringing a natural person's total to $285 before service costs. Court filing, process-server and Sheriff execution charges are recoverable disbursements added to the judgment debt; you recover them when the debtor pays.

What if the tenant is on Centrelink and has no job?

Social security benefits are federally protected and cannot be garnished through ACT enforcement tools. If the enforcement hearing confirms the debtor's only income is Centrelink, active enforcement is unlikely to recover the debt right now. The limitation period for an action on a judgment is 12 years from when it first becomes enforceable; starting enforcement proceedings more than six years after the order was made requires court leave.

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