Form 2.49: Pre-Enforcement Notice in the ACT

Before you can file any enforcement application in the ACT Magistrates Court — no garnishee order, no seizure, no enforcement hearing — you must first serve Form 2.49, the Notice about Court order and enforcement options, with a copy of the registered judgment or sealed ACAT order.

Skip it or serve it incorrectly, and the registry rejects your enforcement application outright. Here's how the notice works and what the mandatory seven-day period means in practice.

What Form 2.49 Does

Form 2.49 is the debtor's formal notification that:

• A court judgment or registered ACAT order exists against them
• The creditor intends to enforce it
• The court has specific tools available — earnings redirection, debt redirection, seizure and sale — and the debtor can apply for an instalment order if they can't pay in full

It's a mandatory prerequisite under CPR Rule 2015 of the Court Procedures Rules 2006. The rule exists to give the debtor one final opportunity to pay voluntarily or negotiate payment arrangements before the court's enforcement machinery activates.

What to Serve

You serve two items together:

1. Form 2.49 — completed with the judgment details (amount, date, court reference)
2. A copy of the registered judgment or sealed ACAT order

Both documents go to the debtor.

How to Serve

Service can be effected by:

• Personal service — handing the documents directly to the debtor
• Prepaid post — mailing to the debtor's last known address
• Leaving at residence or business — with a person apparently over 16 years of age at the debtor's home or workplace

After serving, prepare an Affidavit of Service sworn before a Justice of the Peace or solicitor within 14 days of service. You'll need this to prove the notice was properly served when you file your enforcement application.

The Seven-Day Waiting Period

From the date of service, you must wait seven full days before filing any enforcement application. The clock starts on the day after service — not the day of service.

The seven-day wait is a mandatory prerequisite. An enforcement application lodged at the registry before the seven days expire will be rejected.

Practical Tips

Serve early. The seven-day wait is dead time. Send Form 2.49 as soon as your order is registered in the Magistrates Court so the waiting period runs while you prepare your enforcement application.

Keep proof airtight. An Affidavit of Service that doesn't clearly establish the date, time, and method of service can delay your enforcement application. Be precise — "served personally at [address] at [time] on [date]" is what the registry wants.

Don't confuse this with a demand letter. Form 2.49 is a court-prescribed notice, not an informal payment request. You can (and should) send a polite payment demand letter before this stage, but it doesn't replace Form 2.49.

The Enforcing an ACAT Order in the ACT guide covers the complete pre-enforcement process — from registration through Form 2.49 to choosing your enforcement tool — with exact timelines and a proof-of-service tracker.

See more Australian Capital Territory guides →