We specialise in collecting unpaid debts for creditors. We can assist you in tailoring debt repayment agreements and negotiate settlement of outstanding debts.
We can also issue court proceedings where required to recover outstanding debts and advise you regarding the court enforcement procedures.
Queensland and Civil Administrative Tribunal
QCAT is a tribunal, not a court. A tribunal is less formal than a court, but still makes decisions that are final and can be enforced.
QCAT has jurisdiction to hear debt disputes involving disagreements with another person, business or company about a fixed or agreed sum of money, valued up to and including $25,000. Examples of a debt dispute include:
- Money owed for the removal of minor overhanging branches
- Unpaid invoice or account
- Rent arrears, other than arrears of rent for a residential tenancy
- Work done and/or goods supplied with the cost having been agreed beforehand
- Money lent and not repaid
- Dishonoured cheques
The Magistrates Court is the first level of the Queensland Courts system.
Civil cases can be dealt with by the Magistrates Court if the amount in dispute is $150,000 or less. If the amount is greater than $150,000, the District or Supreme Court will deal with the case.
This court also hears appeals from cases decided in the Magistrates Court and disputes involving amounts of more than $150,000, but less than $750,000.
The Supreme Court is the highest court in Queensland and includes the trial division and the Court of Appeal.
The trial division hears all civil matters involving amounts of more than $750,000.
The Court of Appeal hears appeals from the District and Supreme Courts, and from many tribunals. A dissatisfied party in a civil case can seek an appeal, that is, a review of the court’s decision.
Commencing Proceedings – Claim and Statement of Claim
When preparing the claim we will claim for you the debt owing plus costs and interest based on the cash rate published by the Reserve Bank of Australia and legal costs on a standard basis. When preparing the claim it must:-
- State briefly in the claim the nature of the claim made or relief sought in the proceeding; and
- Attach a statement of claim to the claim; and
- For a claim filed in the District Court or a Magistrates Court, show the court has jurisdiction to decide the claim.
Once the claim is filed it will remain in force for one (1) year starting on the day it is filed.
Defending Proceedings – Notice of Intention to Defend and Defence
If you have been served with a Statement of Claim, we can advise and assist you in defending the claim. You have 28 days to defend a claim in court from the time that you are served with documents otherwise a default judgment can be issued against you or a corporate entity.
If you want to dispute the claim, we will assist you in filing a Form 6 – Notice of intention to defend (UCPR) and a Form 17 – Defence (UCPR).
The defendant is required to serve the plaintiff copies of the documents after they are filed.
Please do not hesitate to contact us if you require advice from our Gold Coast debt collection lawyers.