Time Limit to Enforce an ACAT Order in the ACT
You won an ACAT order months ago — maybe years ago — and the debtor still hasn't paid. The question now: is it too late to enforce?
Probably not. ACT law gives you a long window. But there's a catch after six years that you need to know about.
The 12-Year Limitation Period
Under Section 14 of the Limitation Act 1985 (ACT), an action on a court judgment can be brought within 12 years from the date the judgment first becomes enforceable.
For an ACAT money order, registration under Section 71 gives the order the force and effect of a Magistrates Court judgment. The 12-year period runs from when that court judgment first becomes enforceable, with the order's payment terms determining when the debtor is in default.
Twelve years is a long runway. If the debtor was unemployed and asset-free when you first won, their circumstances may improve significantly over that period.
The 6-Year Permission Rule
Here's the catch: if you take no execution steps for more than six years from the date of judgment entry, you need court leave — formal permission — before issuing enforcement tools like redirection orders or seizure and sale orders.
This doesn't mean the judgment expires after six years. It means the court wants to review the situation before letting you enforce a stale judgment. The debtor may have changed address, the debt may have been informally settled, or the original order may have been affected by subsequent proceedings.
To get leave, file an application explaining why enforcement was delayed and confirming the debt remains unpaid. The court decides whether to grant permission based on the circumstances.
After Six Years Without Execution
Keep a record of execution steps and their dates. If no execution steps have been taken for more than six years from judgment entry, apply for court leave before issuing enforcement tools.
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Post-Judgment Interest During the Wait
Statutory post-judgment interest keeps accruing whether you actively enforce or not. At the ACT rate of RBA + 6%, a $10,000 judgment accumulates thousands of dollars in interest over several years. When you eventually enforce, you claim the full accumulated amount.
Practical Takeaway
If you're sitting on an old ACAT order and wondering whether it's still worth pursuing, the answer is usually yes — as long as you're within 12 years and the debtor's financial situation has improved since the original order.
The Enforcing an ACAT Order in the ACT guide walks through the enforcement timeline from registration to satisfaction, including how to track a running balance of principal and interest over extended collection periods.
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