Register a QCAT Order in the Magistrates Court — Queensland Filing Guide

QCAT has no power to enforce its own decisions. That means your money order — no matter how clearly worded — is unenforceable until you file it in a court that can issue warrants, summon debtors, and send bailiffs. For orders up to $150,000, that court is the Magistrates Court of Queensland.

Registration converts your tribunal order into a court judgment under section 131 of the QCAT Act 2009. Once registered, it carries the same enforcement weight as if the Magistrates Court had made the order itself. And the filing fee is zero.

What You Need for Registration

The filing package has two main documents, with proof of service of the original order included as an annexure:

1. Certified copy of the QCAT order. Request this from the QCAT registry — a plain email printout or screenshot will not be accepted. The registry produces a copy marked as certified and usually sends it within a few business days.

2. Form 46 — Affidavit of Non-Compliance. This is a sworn statement confirming the debtor has not paid (or has only partially paid). You must state the exact outstanding balance, accounting for any partial payments received. The affidavit has to be signed in the presence of a Justice of the Peace, Commissioner for Declarations, or practising solicitor.

There is no filing fee. Registration of a QCAT decision in the Magistrates Court costs nothing under Queensland court fee schedules.

Where to File

File at the Magistrates Court registry closest to where the debtor lives or carries on business. You can file in person at the counter, or electronically through QCase — Queensland Courts' 24/7 online filing portal. QCase requires authentication through a Queensland Digital Identity (QDI). CITEC Confirm is an alternative e-filing path.

Under Principal Registrar Approval 2 of 2018 and Approval 1 of 2024, Form 46 is classified as an exempt sworn document. That means you can upload a PDF of the signed and witnessed affidavit directly into QCase without lodging the paper original at the counter. But you must keep the physical original for seven years — the court can order you to produce it.

Getting Your Form 46 Right

The most common reason a registration stalls is a defective Form 46. Three things go wrong regularly:

• Wrong witness type. The affidavit must be sworn or affirmed before a JP, Commissioner for Declarations, or solicitor. A pharmacist, bank manager, or police officer who is not also a JP does not qualify.
• Balance not calculated. If the debtor made a partial payment six weeks after the order, your affidavit must state the original amount, the payment received, and the remaining balance. A round assertion of "they haven't paid" when they paid half invites a dispute.
• No proof of service of the original order. You should be able to show the tribunal order was actually delivered to the debtor. Attach QCAT's record of service (email or postal confirmation) as an annexure to the affidavit.

What Happens After Registration

The registry assigns a Magistrates Court civil file number — typically formatted as MAG-XXXXX/XX. You receive a sealed copy of the registered judgment. At this point, you can apply for financial discovery (Form 71 or a Form 70 enforcement hearing) and enforcement warrants (Forms 75–78).

Serving the debtor with a copy of the registered judgment is not strictly required before applying for warrants, but doing it establishes an evidentiary record and sometimes prompts voluntary payment.

Time Limits

Under the Limitation of Actions Act 1974 (Qld) and UCPR Rule 799, you have six years from the date of the QCAT order to register it in court without needing leave. After six years, you must apply for the court's permission — and it is not guaranteed.

Once registered, the judgment is enforceable for up to 12 years. Registration does not reset the original six-year clock; it converts the order into a court judgment with its own longer enforcement window.

Next Steps

Registration is the first enforcement step, not the last. Once the order is on file, the real work begins — discovering what the debtor owns and choosing the right warrant. The Queensland QCAT Order Enforcement Guide walks through the entire sequence from registration through to closure, including Form 46 drafting, financial discovery with Forms 70 and 71, and all four enforcement warrants.

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