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How is payment made following a QCAT decision?


Cubic

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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?

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  • 4 weeks later...

I supose you looked on the QCAT site?

 

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[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:

 

 

 

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.

 

 

 

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Last reviewed21 November 2011Last updated27 March 2012

 

 

 

 

 

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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.

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  • 1 month later...

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

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