QCAT Debtor Won't Pay — What to Do Next in Queensland

QCAT ordered the respondent to pay you, the compliance deadline passed, and nothing arrived. This is frustratingly common — and it is also the exact scenario Queensland's enforcement system was built for.

The first thing to understand: QCAT itself cannot force payment. The tribunal adjudicates disputes and issues binding orders, but it has no enforcement arm. Collecting the money requires you to take the QCAT order into the court system.

Step 1: Register the Order in the Magistrates Court

File a certified copy of the QCAT order and a Form 46 affidavit of non-compliance at the Magistrates Court registry nearest to where the debtor lives or does business. Registration is free — no court filing fee. Under Section 131 of the QCAT Act, the registered order becomes an enforceable money order of the Magistrates Court.

Apply to register the order within six years of its date unless the court gives permission for a later application. Once registered, the enforcement window extends to 12 years from the date of the court judgment.

Step 2: Find Out What They Have

Before spending money on warrants, you need to know what the debtor owns. Serve them with a Form 71 (Statement of Financial Position), which requires a written disclosure of their income, bank accounts, property, and vehicles within 14 days of receiving it.

If they ignore it or you suspect dishonesty, apply for a Form 70 enforcement hearing — a court appearance where they are examined under oath. No filing fee for either step.

Step 3: Choose the Right Enforcement Tool

Match the debtor's financial situation to the most cost-effective warrant:

• Employed? Form 78 redirects a portion of each pay cycle to you.
• Money in a bank account? Form 76 freezes and redirects the balance; Form 77 catches recurring deposits.
• Owns property or vehicles? Form 75 authorises bailiff seizure and auction — but requires a $3,000 or $3,500 security deposit, as confirmed by the registry.
• Claims to have nothing? An instalment order lets the court set a repayment schedule. For debts of $10,000 or more, a Bankruptcy Notice (individuals) or Statutory Demand (companies) triggers formal insolvency proceedings.

No enforcement warrant carries a court filing fee.

Step 4: Escalate If Needed

If the debtor has genuinely no assets and no income, no enforcement tool will produce money. But a Bankruptcy Notice changes the dynamic: it gives the debtor 21 days to pay, provide security, or make an arrangement to the creditor's satisfaction. Failure to comply constitutes an act of bankruptcy, enabling you to file a creditor's petition in the Federal Circuit and Family Court of Australia. Most debtors with any capacity to pay will respond to this step.

For corporate debtors, a Statutory Demand (for debts of $4,000 or more) creates a presumption of insolvency that can lead to winding-up proceedings.

What Not to Do

Do not threaten, harass, or attempt to seize property yourself. All enforcement must go through the court. Do not wait indefinitely — after six years, registering the order requires the court's permission.

Our Queensland QCAT Order Enforcement Guide covers every step from registration through to insolvency pathways, with a warrant decision matrix, cost-benefit worksheets, and a registration pack checklist.

See more Queensland guides →