Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 115

115 Enforcement of orders for payment of money

(1) The person to whom payment is to be made under an order that requires the payment of money may enforce the order by filing in the office of the registrar of the Magistrates Court at a place appointed for holding Magistrates Courts in the Magistrates Court district wherein the person required by the order to make payment resides or has a place of business or wherein the person to whom payment is to be made resides—

(a) a copy of the order certified by the referee to be a true copy; and

(b) the person’s affidavit, taken by a justice, as to the amount not paid under the order and, where the order is to take effect upon any default, as to the making of that default;

whereupon the order shall be deemed to be a judgment that requires payment of money duly made by a Magistrates Court pursuant to the Magistrates Courts Act 1921 and may be enforced accordingly.

(2) No court fees shall be payable under subsection (1) up to and including entry of judgment.

(3) It shall be competent to a person to file a copy of an order pursuant to subsection (1) once only and a second or subsequent filing purportedly pursuant to that subsection shall be ineffectual.

(4) The Limitation of Actions Act 1974 applies in respect of a decision of a referee and in respect of the enforcement of any order made by the referee as it applies in respect of any judgment.