Enforcement Fees and Recoverable Costs in the ACT
Enforcement isn't free. Every application you file at the ACT Magistrates Court carries a fee, and some enforcement tools — especially seizure and sale — stack multiple fees on top of each other. The question most creditors ask is: do I get these costs back?
Short answer: yes, most of them. But you pay upfront, and recovery depends on whether the debtor actually has assets.
Current Fee Schedule (2025–2026)
Under the Court Procedures (Fees) Determination 2025–2026, effective 1 July 2025:
| Enforcement step | Individual fee | Corporation fee |
|---|---|---|
| ACAT order registration (Section 71) | $0 | $0 |
| Enforcement application (redirection, seizure) | $176 | $351 |
| Enforcement hearing examination | $100 | $100 |
| Sheriff execution (seizure and sale, up to 3 visits) | $435 | $435 |
| Subpoena issuing fee | $50 | $102 |
| Certificate/judgment certification | $78 | $78 |
Corporation fees are approximately double the individual rate for most applications. The Sheriff execution fee is the same regardless.
What's Recoverable
Under CPR Schedule 3 and the court's scale cost rules, these are legal disbursements that get added to the judgment debt:
- Court filing fees for enforcement applications
- Sheriff execution fees
- Formal process server fees
- Subpoena issuing fees
- Certificate fees
The debtor ultimately pays them — they're stacked on top of the original judgment amount and accrued interest. Every enforcement application you file increases the total the debtor owes.
What's Not Recoverable
Some costs stay with you:
- Legal professional fees — solicitor charges for preparing applications are not automatically recoverable unless the court specifically orders costs
- Debt collection agency commissions — commercial recovery agent fees (typically 15–35% of the debt) are your own expense
- Travel and personal time — your trips to the registry, time spent completing forms, and postage for service copies
For debts under $10,000, hiring a solicitor or collection agent often costs more than the debt itself — which is exactly why the self-represented enforcement pathway exists.
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Running the Numbers Before You File
The worst outcome is spending more on enforcement than you recover. Here's a realistic cost breakdown for a typical enforcement sequence:
Minimum path (enforcement hearing → earnings redirection): $100 + $176 = $276
Full path (enforcement hearing → failed redirection → seizure and sale): $100 + $176 + $176 + $435 = $887
For a $2,000 judgment, the full path eats nearly half the claim. For a $15,000 judgment, it's a minor fraction. The enforcement hearing ($100) is the smart first step — it tells you what the debtor has before you commit to expensive tools.
Getting Cost Recovery Right
All recoverable fees should be tracked alongside principal and post-judgment interest in your enforcement ledger. When you file each new application, the supporting affidavit must state the updated total including accumulated costs.
The Enforcing an ACAT Order in the ACT guide includes a form-and-fee reference card and post-judgment balance ledger that track every cost as you go — so the amount you claim on each application is always current and defensible.
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