Small Claims Enforcement Queensland — How to Collect After Winning in QCAT

Queensland doesn't have a "small claims court" in the way the phrase usually implies. Minor civil disputes — debts, consumer claims, bond disputes, vehicle damage — go through QCAT, the Queensland Civil and Administrative Tribunal. And QCAT has one critical limitation: it can order someone to pay you, but it cannot make them pay. If the debtor ignores the order, enforcement is your responsibility.

The Enforcement Sequence

Collecting on a small claims judgment in Queensland follows a fixed sequence. Skipping steps wastes time and money.

1. Wait for the compliance deadline. The QCAT order specifies when payment is due — typically 14 to 28 days. If the order is silent on timing, payment is due immediately once the written decision is served on the parties. You cannot begin enforcement before the deadline passes.

2. Get a certified copy of the QCAT order. Contact the QCAT registry and request a certified copy. This is different from the emailed decision or the printout from your QCAT online account. An uncertified copy will be rejected at the Magistrates Court registry. The certified copy usually arrives within a few business days.

3. Register the order in the Magistrates Court. File the certified copy, proof of service of the original QCAT order, and a Form 46 Affidavit of Non-Compliance at the Magistrates Court closest to where the debtor lives or works. There is no filing fee — registration is free. You can file electronically through QCase using a Queensland Digital Identity, or at the counter.

4. Discover the debtor's financial position. Serve the debtor with a Form 71 (Statement of Financial Position), which requires them to disclose their income, bank accounts, property, and debts within 14 days. If they don't comply, apply for an enforcement hearing using Form 70 — the debtor is summoned to court and questioned under oath.

5. Choose and apply for an enforcement warrant. Based on what the debtor owns or earns, pick the appropriate warrant:

• Form 78 (Redirection of Earnings) — directs the debtor's employer to deduct money from wages.
• Form 76 (Redirection of Debt) — freezes and redirects money in the debtor's bank account (single payment).
• Form 77 (Regular Redirection) — intercepts recurring deposits into the debtor's account.
• Form 75 (Seizure and Sale) — authorises a bailiff to seize and auction the debtor's property. Requires a security deposit of $3,000 to $3,500.

There is no court filing fee for any of these warrant applications.

6. Close the case. Once the debtor pays the full amount — principal, post-judgment interest, and recoverable enforcement costs — file a notice of satisfaction with the court to clear the record.

Why the Certified Copy Matters

The certified copy is the single document that converts a tribunal decision into something the Magistrates Court will act on. Without it, the court has no verified proof of what QCAT ordered. People regularly turn up at the registry with a PDF printout or a screenshot of the QCAT decision portal — neither is accepted.

Request the certified copy as soon as the compliance deadline passes. Don't wait months. Under the Limitation of Actions Act 1974, you have six years to register the order without needing court permission. After that, you must apply for leave, and it may be refused.

What It Actually Costs

Registration is free. Enforcement hearing applications are free. Warrant applications are free. The costs are in execution:

• Bailiff service fee for serving a Form 70 summons: $141.70 per person, plus $4.50 per kilometre travel.
• Bailiff execution fee for a warrant: $141.70.
• Security deposit for seizure and sale (Form 75): $3,000 to $3,500 upfront (unused portions refunded).

For a minor debt, weigh the likely recovery against the $3,000 to $3,500 deposit before choosing seizure. Wage or bank redirection can target known income or bank funds without the seizure-and-sale security deposit; execution fees may still apply.

The Full Process in One Place

The Queensland QCAT Order Enforcement Guide covers every step from obtaining the certified copy through to filing a notice of satisfaction — including a registration checklist, financial discovery tracker, warrant decision matrix, and interest calculation ledger.

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