Enforcement Warrant Queensland — Which One Do You Need?

You registered your QCAT order in the Magistrates Court. The debtor still has not paid. Now you need an enforcement warrant — but Queensland has four different types, and picking the wrong one wastes time and money.

The Four Enforcement Warrants

Queensland's Uniform Civil Procedure Rules (UCPR) provide four warrant types, each targeting a different asset:

Form 75 — Seizure and Sale of Property. A court bailiff seizes the debtor's goods, vehicles, or real estate and sells them at auction. You pay a security deposit of $3,000 or $3,500 upfront, as confirmed by the registry, to cover bailiff costs. Best when the debtor owns unencumbered assets worth more than the deposit.

Form 76 — Redirection of Debt. Targets money a third party owes to the debtor — most commonly a bank account balance. The bank freezes available funds up to the warrant amount and pays them to you. No deposit required.

Form 78 — Redirection of Earnings. Directs the debtor's employer to deduct the amount specified in the warrant each payday and send it to you. Effective when the debtor has steady employment.

Form 77 — Regular Redirection. Similar to Form 76 but targets recurring deposits into a bank account, such as contractor payments. It takes effect seven days after service on the bank, which then deducts the specified amount from each deposit.

How to Choose the Right Warrant

Match the warrant to what you learned during financial discovery (Form 71 or an enforcement hearing):

• Debtor is employed: Form 78 (earnings redirection) is the most reliable — the employer deducts automatically each pay cycle.
• Debtor has money in a bank account: Form 76 (one-off freeze) or Form 77 (recurring deposits) depending on whether the funds arrive regularly.
• Debtor owns property or vehicles: Form 75 (seizure and sale) — but only pursue this when the asset's equity clearly exceeds the $3,000+ security deposit and bailiff costs.
• Debtor has no visible assets or income: None of these warrants will produce money from an empty pocket. Consider whether a Bankruptcy Notice (for debts of $10,000 or more) or an instalment order is more appropriate.

Filing an Enforcement Warrant Application

Every warrant uses the same three-document package:

1. Form 9 — the application itself
2. Form 74 — a supporting statement sworn at least two business days before filing
3. The specific warrant form (75, 76, 77, or 78)

There is no court filing fee for any enforcement warrant application. Service costs apply — a bailiff's fee is $141.70 per person served, plus $4.50 for each kilometre or part of a kilometre necessarily travelled one way beyond 8 km from the registry.

Form 74 is the document most likely to cause rejection. It must state the principal debt remaining, accrued post-judgment interest, and facts justifying the specific warrant you are requesting. Swear it at a JP, Commissioner for Declarations, or solicitor at least two business days before filing.

What Happens After the Warrant Is Issued

Each warrant has a different execution timeline. Warrants usually expire one year after issue but can be renewed. A Form 76 takes effect when served on the third party; Forms 77 and 78 take effect seven days after service on the financial institution or employer. For a redirection-of-debt warrant, if the third party does not comply, does not object, and does not dispute that it owes the redirected debt, the creditor may enforce that debt against it. An employer must make the deductions and payments specified in a Form 78 while it is in force.

When setting a Form 78 deduction, the court considers the debtor's necessary living expenses, other liabilities, and whether the deduction would cause unreasonable hardship; the rules set no fixed protected-earnings dollar threshold. Social security payments cannot be redirected at source.

If one warrant returns nothing, you can apply for a different type. There is no limit on the number of warrant applications you can make, as long as the judgment debt remains unsatisfied and within the enforcement period.

Our Queensland QCAT Order Enforcement Guide includes a warrant decision matrix that maps each debtor profile to the most cost-effective warrant, along with a cost-benefit worksheet for seizure warrants.

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