What Happens If You Ignore a QCAT Claim

A Default Decision Is a Real Judgment

If you were served with a QCAT minor debt claim (Form 3) and you do not file a Form 7 response within 28 calendar days, the applicant can ask the tribunal for a default decision. Under Rule 60 of the QCAT Rules, they do this by lodging a Form 6 — Request for decision by default.

A default decision is a binding monetary order. It carries the same legal weight as a decision made after a full hearing. The only difference is that you were not there when it was made.

How the Applicant Gets a Default Decision

The process is straightforward. After your 28-day response window closes, the applicant files Form 6 with two key attachments:

• An Affidavit of Debt (Part C of Form 6) — a sworn statement confirming the amount owed
• An Affidavit of Service (Form 9) — sworn proof that the claim papers were properly served on you

If the paperwork is in order, QCAT enters the default decision. There is no hearing, no mediation, and no opportunity for you to dispute the claimed amount.

What a Default Decision Means for You

Once a default decision is entered, the applicant holds a tribunal order for a specific dollar amount. They can then:

1. Register the order in the Magistrates Court — there is no court filing fee — and use court enforcement mechanisms
2. Apply for an enforcement warrant to seize and sell your property
3. Apply for a redirect earnings warrant (wage garnishment) through your employer
4. Request an oral examination where you are required to disclose your financial position under oath

QCAT proceedings and decisions also form part of a public register. Credit reporting bodies can access final orders through administrative searches, which may result in a default entry on your credit file.

Can You Fix It After the Fact?

Yes, but it is harder than responding on time. You can apply to have the default decision overturned using Form 55 — Application to set aside or amend a default decision. To succeed, you must satisfy QCAT on two grounds:

1. A reasonable excuse for why you did not file your response on time (medical emergency, failure of service, genuine unawareness)
2. A real, arguable defence to the underlying claim

Filing Form 55 does not automatically stop enforcement. If the applicant has already registered the order for enforcement, you must also file Form 44 — Application to stay a decision to request that enforcement be suspended while the set-aside application is decided.

The Bottom Line

Ignoring a QCAT claim does not make it go away. Missing the response deadline can leave you without the chance to dispute the claim before a default decision is made, so you may need to apply to set that decision aside. Responding within 28 days — even if you think the claim is wrong — is always better than facing a default decision and trying to reverse it after the fact.

If you need help preparing your response, the Responding to a QCAT Minor Civil Dispute guide walks through the entire process from opening the papers to the hearing, with worksheets for tracking your deadline and organising evidence.

Free legal advice is also available from LawRight Court and Tribunal Services (07 3564 7561) and Legal Aid Queensland (1300 65 11 88).

See more Queensland guides →