An enforcement hearing uncovers financial information about a person who owes money (enforcement debtor) under a court order.
If you’re owed money (enforcement creditor), you can apply to the court for an enforcement hearing.
The debtor must attend court and complete a statement of their financial position, giving you information about the debtor’s ability to pay the financial obligation.
A creditor can start enforcement proceedings without leave from the court within six years of the money order or judgment being made.
Before you apply
Before applying for an enforcement hearing, first send the enforcement debtor to complete either:
- a link to Form 71 – Statement of financial position (online)
- the electronic file of Form 71 – Statement of financial position (DOC, 282.5 KB).
If they either don’t receive a copy or don’t complete the form sufficiently within 14 days, you can apply for an enforcement hearing.
Applying for an enforcement hearing
- Complete and sign Form 9 – Application (UCPR) (DOC, 45.5 KB). List the financial documents you require from the debtor.
- Complete and swear Form 46 – Affidavit (UCPR) (DOC, 41.0 KB). If the enforcement debtor must attend court outside their district, the offer to pay conduct money must also appear in this affidavit. You can’t swear the affidavit more than:
- two business days before lodgement if you file the application in person
- five business days before lodgement if you post your application.
- Complete Form 70 – Enforcement hearing summons (DOC, 37.5 KB) and make three copies. Include the same list of supporting financial documents and information you require as in Form 9. The court will allocate a hearing date on this document and return two copies to you to serve on the debtor. (Note: If you want an enforcement hearing in Brisbane’s Magistrates Court specifically, you can apply for the hearing online.)
- Include a copy of Form 71 – Statement of financial position (DOC, 282.5 KB) with your application or include a link to the online form, which will be served with the summons for the debtor to complete.
- Ensure a copy of the summons is served personally or by prepaid ordinary post (refer UCPR Section 809(2)) on the debtor at least two weeks before the enforcement hearing date.
- Attend court on the allocated hearing date. If you are unable to attend, it will need to be your lawyer or with the leave of the court, another person (Refer Magistrates Court Act 1921 Section 18(1)). Please note that it is at the discretion of the presiding judicial officer or registrar whether ‘another person’ may or may not be given leave to appear on your behalf.
Information to request
Enforcement creditors can instruct the debtor to provide information about:
- their assets (e.g. land, house, shares, stocks, bonds, vehicles and other property)
- their income, and employer’s name and address
- their debts
- their bank accounts
- any other relevant information about their financial position
- their means of paying the debt.
When you are satisfied with the debtor’s information, you can apply for an enforcement warrant.
Location of hearings
Enforcement hearings usually take place in the court where the money order or judgment was originally granted.
However, enforcement hearings can be heard at any court in Queensland. If you would like an enforcement hearing in a different court, file a sealed copy of the judgment at your preferred courthouse.
Contact your local registry for assistance.
Note: The creditor must offer money to cover travelling expenses (‘conduct money’) if the debtor must attend court outside the district where they live or conduct business.
If the debtor doesn’t attend
Both the enforcement creditor and debtor must attend the enforcement hearing.
If the debtor fails to attend and doesn’t have an adequate explanation, the creditor can ask the registrar to order an enforcement hearing warrant for the debtor’s arrest.
Fees
There is no filing fee for an enforcement hearing application. However, relevant service fees apply if you engage a bailiff to serve your enforcement hearing summons. See our online tool for finding service fees.
Need more help?
If you have an Enforcement Hearing Summons to serve on an enforcement debtor, Allnorth QLD Services can help. We are also able to attend the court hearing on your behalf if you do not wish to attend. Contact us for more information.
*Disclaimer – The above information was taken from the Court website as accurate in September 2021. If any changes are made by the court from that date they may not be reflected in this post.
