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Enforcement of Tribunal Decision

The following options are available if you have a tribunal order which another party has failed to comply with.

If the party is licensed under the Queensland Building Services Authority Act 1991 (QBSA Act) you can apply to the tribunal under section 49B of the QBSA Act for a show cause hearing for the Tribunal to decide if the contractor's license should be suspended or cancelled for non compliance with the Tribunal order. A Form 4: application in a proceeding must be completed and returned to the Tribunal. The Tribunal may list the matter for a show cause hearing to hear from the parties prior to making its decision regarding the licensee; or
The order can be enforced in the relevant court (Magistrates Court - monetary limit of $50,000; District Court - $250,000) following the steps below:

Write to the registry requesting a certified copy of the order which can be obtained following payment of the sum of $48.00 plus photocopying charges of $1.50 per page (total $51.00). You will then be provided with two certified copies.
One certified copy of the order must be served on the party in default.
The other certified copy of the order and an affidavit swearing that the copy has been served on the defaulting party must then be registered in the relevant court. (There is no fee for filing the certified copy of the Tribunal's order in the court.)
Once the order is registered in the court the Tribunal decision has the same force and effect as if the decision had originally been made in that court. You will then receive a court order.
To enforce the order in the Magistrates court you must obtain the necessary forms from www.bailiff-sheriffaustralia.com.au or the court.
Once the forms are completed and filed in the court the matter will be listed for a hearing to hear from the parties as to whether or not the defaulting party has the capacity to pay the sum owing.
If the sum is not paid, a bailiff can be engaged to enforce the order.

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