Apply for an enforcement hearing

If you’ve been unsuccessful in enforcing a judgment or monetary order made by the court, you can fill in this form to apply for an enforcement hearing. This will summon an enforcement debtor to appear in the Brisbane Magistrates Court to answer questions under oath and/or produce documents about their financial position.

You and the enforcement debtor must both attend the enforcement hearing.

You should get legal advice before making this application. Queensland Courts staff can help you with procedural information (PDF, 116KB), but we can't give legal advice.

1. Can I apply?

   1. Has your matter been made or registered with: *

      • Magistrates court in Queensland
      • Supreme & District court in Queensland
      • Other

   2. You are not currently able to apply online

      This form is for Brisbane Magistrates Court matters only.

      If your matter is with another Queensland magistrates court, you can apply by filling in these 3 hard copy forms and lodging them at the relevant courthouse:

      • Application for order (form 9) (DOC, 48KB)
      • Affidavit (form 46) (DOC, 41KB)
      • Enforcement hearing summons (form 70) (DOC, 40KB).

      For Supreme and District court matters, you should contact the Supreme and District courts.

   3. You are not currently able to apply online

      This form is for Brisbane Magistrates Court matters only.

      Interstate orders

      If your judgment or monetary order was made interstate, it must be registered in Queensland to be dealt with in Queensland. Contact the magistrates court closest to the debtor’s home or business to register it for enforcement in Queensland.

      QCAT orders

      If your order is a QCAT order that has not yet been lodged as a judgment with the Brisbane Magistrates court, visit the QCAT website for information on enforcing a QCAT decision.

      Other orders

      If your matter or order type is not listed here, please contact the Brisbane Magistrates court registry.

   4. Which registry do you want to file your application in? *

      • Brisbane
      • Other

   5. You are not currently able to apply online

      This form is for Brisbane Magistrates Court matters only.

      If your matter is with another Queensland magistrates court, you can apply by filling in these 3 hard copy forms and lodging them at the relevant courthouse:

      • Application for order (form 9) (DOC, 48KB)
      • Affidavit (form 46) (DOC, 41KB)
      • Enforcement hearing summons (form 70) (DOC, 40KB).

      For Supreme and District court matters, you should contact the Supreme and District courts.

   6. Is the judgment or monetary order less than 6 years old? *

      • Yes
      • No

   7. You are not currently able to apply online

      This form is for Brisbane Magistrates Court matters that are less than 6 years old.

      Contact the relevant magistrates courthouse for more information if your matter is older than 6 years.

2. Complete your application

   1. Who are you applying as? *

      • Enforcement creditor
      • Solicitor
   2. What is the file number? * You can find this number on the judgment/decision or monetary order (e.g. 10000/16).
   3. What was the date of the judgment/decision? *

      2. MonthJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember
   4. What was the original amount of the order? *
   5. What date was the statement of financial position sent to the debtor/s? *

      2. MonthJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember
   6. How much money have you received from the debtor so far? *
   7. Are you claiming the cost of any previous enforcement hearings? *

      • Yes
      • No
   8. How much are you claiming? *
   9. Please enter the details for the amount you are claiming: *
   10. Are you claiming interest? *

       • Yes
       • No
   11. 1. How much interest are you claiming? * You can use the courts’ interest calculator to calculate your interest. Remember to attach a document showing your interest calculations when you lodge your application.
       2. Please enter any interest terms or calculations for the amount being claimed: *
3. Enforcement creditor details

   1. List each party’s details in the same sequence they appear on the judgment or monetary order.

   2. Enforcement creditor/s name
      1	Creditor name
4. Enforcement debtor details

   1. List each party’s details and address for service in the same order they appear on the judgment or monetary order.

      If you do not want to summon an enforcement debtor to appear in court, you can deselect the 'create summons' option.

   2. Enforcement debtor/s details		Summons this debtor?
      1	Debtor nameDebtor address	Create summons
5. Order sought and summons

   1. This section will produce the orders and summons part of your application.
   2. The court can order a debtor to appear and produce documents about their financial position. Your order and summons will include a requirement for the debtor to produce any documents required by the statement of financial position.
   3. The points below are written as they would appear on the order and summons, in language directed to the debtor. Choose which ones you want to include.
   4. I want the enforcement debtor to produce: Select all that apply

      • Copies of statements for accounts held in financial institutions (such as banks or credit unions) for the previous 3 months, including statements for any loan or mortgage accounts.
      • Copies of documents relating to the ownership of any property or business that you (the enforcement debtor) have an interest in, including, but not limited to, share scripts, debentures, unit trust scripts, title deeds, vehicle registration papers and rates notices.
      • Copies of any statements as to wage or salary income, including copies of 4 previous payslips (if applicable) and/or a current statement from Centrelink detailing the type and amount of any benefits received, as well as copies of any other documents showing other income such as commissions and royalties.
      • Copies of any documents showing debts you (the enforcement debtor) owe to someone else, or someone else owes to you (the enforcement debtor).
   5. Would you like to add any extra orders or summons? *

      • Yes
      • No
   6. 1. Enter your first extra order/summons here: *
      2. Enter any second extra order/summons here: (OPTIONAL)
      3. Enter any third extra order/summons here: (OPTIONAL)

   Preview of orders sought and summons

6. Affidavit

   1. This section will produce the affidavit part of your application for swearing under oath or affirmation before a Justice of the Peace (Qualified) or qualified legal professional.
   2. Do you have custody and control of the enforcement creditor's records? *

      • Yes
      • No
   3. Who has custody? *
   4. Have you conducted a search of the enforcement debtor's company records? *

      • Yes
      • No
      • Not applicable

   5. Remember to attach a copy of the ASIC company or business name search when you lodge your application.

   6. Who is/are the director(s) of the company? *

   7. If your claim involves a business or company you must do an ASIC company or business name search and attach a copy when you lodge your application.

   Preview of affidavit

7. Contact details

   1. Your name

      1. Given name *
      2. Family name *
   2. 1. Client (enforcement creditor) name

         1. Given name *
         2. Family name *
      2. Your name

         1. Given name *
         2. Family name *
      3. Firm name *
   3. 1. Address

         1. Address line 1 *
         2. Address line 2
         3. 1. Town, city or suburb *
            2. State *
            3. Postcode *
      2. Phone * Home, mobile or work number