Cubic Posted June 30, 2014 Share Posted June 30, 2014 Last week a QCAT tribunal found in my favour in a tenancy dispute and our landlord has been ordered by the tribunal to pay some compensation to me. In the UK I understand that they would pay the court, then the court would release the money to me. I can't find any info online about whether there is a similar system here, or whether I just ask them for the money directly. Does anyone know? Link to comment Share on other sites More sharing options...
MARYROSE02 Posted July 23, 2014 Share Posted July 23, 2014 I supose you looked on the QCAT site? Site map Contact us Help Search QCAT [h=2][/h][h=2]Site navigation[/h] Home Matter types Administration for adults Anti-discrimination Building disputes Children and young people Consumer and trader disputes Debt disputes Dividing fence disputes Guardianship for adults Minor civil disputes Occupational regulation Other civil disputes Residential tenancy disputes Retail shop lease disputes Review of administrative decisions Tree disputes [*]About QCAT Contact us Former tribunals Media policy Organisational structure Publications QCAT and the courts QCAT and the Queensland Ombudsman Regional services Right to Information Events [*]Using QCAT Confidentiality in QCAT proceedings Daily proceeding list Dispute resolution Evidence and witnesses FAQs Fees and allowances Forms Legal advice and representation On the day Ordering a transcript, audio recording or reasons for a decision Practice directions QCAT rules and legislation Support at QCAT [*]Applying to QCAT Applications started before 1 December 2009 Forms Lodging your application and forms Urgent applications [*]QCAT decisions Appealing a QCAT decision Decisions awarding costs Enforcing a QCAT decision Published decisions [*]Useful links [h=2]QCAT decisions[/h] Close the Appealing a QCAT decision submenuAppealing a QCAT decision Decision about the amount of costs awarded Decision whether to award costs or not Decision about a minor civil dispute Interim decision Decision made by a judicial member Decision made by a non-judicial member [*]Decisions awarding costs [*]Close the Enforcing a QCAT decision submenuEnforcing a QCAT decision Renewal of QCAT's final decision Residential tenancy termination decision Building dispute decision Minor civil dispute decision All other monetary decisions All other non-monetary decisions [*]Published decisions [h=2]You are here:[/h] Home QCAT decisions Enforcing a QCAT decision All other monetary decisions Print Email Share Twitter Facebook Delicious Reddit Digg More... [h=1]All other monetary decisions[/h]If QCAT’s decision requires a party to pay you an amount of money you can apply to have your decision enforced through the: Magistrates Court ( http://www.courts.qld.gov.au/courts/magistrates-court ) if the amount is up to and including $50,000 District Court ( http://www.courts.qld.gov.au/courts/district-court ) if the amount is over $50,000 and up to and including $250,000 Supreme Court ( http://www.courts.qld.gov.au/courts/supreme-court ) if the amount is over $250,000. You will need to provide the court with a copy of the decision that QCAT has certified to be a true copy and an affidavit about the amount not paid under the decision. An affidavit is a sworn statement of fact, signed by you. A justice of the peace ( http://www.justice.qld.gov.au/find-a-jp.htm ), commissioner of declarations or a lawyer must witness you signing the affidavit. It is free to file the copy of the decision and an affidavit with the courts. When these documents have been filed in a court the QCAT decision is taken to be an order of the court. The QCAT decision can then be enforced by the applicant in the same ways that an Order of the Magistrates Court can be enforced. Means of enforcement can include applying for a warrant of execution or a Money Order. You can obtain legal advice ( http://www.qcat.qld.gov.au/using-qcat/legal-advice-and-representation ) about enforcement options. [h=2][/h] [h=2][/h] Last reviewed21 November 2011Last updated27 March 2012 Print Email Share Twitter Facebook Delicious Reddit Digg More... [h=2]Rate this page[/h] How useful was the information on this page? Very useful Somewhat useful Not very useful [*]Other feedback Link to comment Share on other sites More sharing options...
Cubic Posted July 23, 2014 Author Share Posted July 23, 2014 MaryRose - yes I had looked at the website extensively but the above refers to payments not made, rather than how payments are made. I phoned QCAT but their advice but the lady on the helpline didn't know either, so I phoned the RTA who clarified things for me. For anyone reading, the payment is done directly between the parties. Link to comment Share on other sites More sharing options...
sprug Posted September 8, 2014 Share Posted September 8, 2014 Hi I worked in real estate for a long time in qld and have extensive knowledge about QCAT. Where a decision is found in your favour it is between both parties to arrange payment. In cases where our agency was awarded monies we got the tenant to enter into a payment plan i.e. if you owe me $1000 you can pay be over 10 months at 100 dollars per month. Have the agreement in writing and witnessed. If the party then fails to make a payment to you, you are able to reapply to court for the plan enforcing. It looks like you have tried your best to be reasonable and the magistrate will normally order the other party to pay you within 7 days the full amount. hope this helps shelley Link to comment Share on other sites More sharing options...
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