Enforcing VCAT orders

When VCAT makes a final decision in a case, we give you an order on the day or we send it to you several weeks after the hearing Definition The time and place at which VCAT hears the parties argue their case and makes a decision. .

The order is a formal instruction for how the dispute is going to be resolved.

There are two types of final orders:

  • monetary orders, which mean a party Definition A person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. must pay another party money
  • non-monetary orders, which mean a party must do something or not do something.

If the other party does not follow the order, it is up to you to enforce it through a court. VCAT does not enforce the decision or order.

Enforcing a monetary order

When VCAT makes a monetary order, we give a copy to both parties and the money must be paid immediately or by the deadline given in the order.

If the party fails to pay as ordered, contact them to make sure they received and understood the order.

If they still do not pay or you cannot contact them, you may ask the appropriate court to enforce the order. An order will only be enforced at your request.

Court fees

You will need to pay a court fee to enforce the order. These fees can be added to the debt the party owes you. Bear in mind that the debtor may be bankrupt or have no property or income that can be used to pay the debt.

Enforcing monetary orders

Where the amount to be paid is $100,000 or less, you may ask the Magistrates’ Court of Victoria to enforce the order. To do this, you will need to file two documents with your local Magistrates' Court:

  1. a copy of the order, certified by VCAT to be a true copy. You can request this by contacting us
  2. an affidavit stating the amount not paid under the order (called an Affidavit Definition A written statement where the contents are sworn or affirmed to be true. Affidavits mu​st be signed in front of a witness who is an 'authorised person'. in support of enforcement of a monetary order) .

When you have filed these documents, the VCAT order becomes an order of the Magistrates’ Court and may be enforced accordingly.

For more information about how the Magistrates' Court enforces orders and court locations, visit the Magistrates' Court of Victoria's website

Where the amount to be paid is over $100,000, you can enforce the monetary order in either the County Court or the Supreme Court. 

Enforcing a non-monetary order

For a non-monetary order to be enforced in the Supreme Court, that court will require:

•    A certified copy Definition A copy of a document on which an authorised person has certified: ‘This is a true and complete copy of the original’. of the order from VCAT; and
•    A certificate from VCAT stating that it is appropriate for filing in the court; and
•    An affidavit as to the non-compliance.

To get the certified copy of the order and certificate from VCAT stating it is appropriate to file in the court; VCAT will require from the requestor:

•    An email or letter to VCAT requesting the documents and advice on what actions have taken place since the order was made.

For more details about how to enforce a non-monetary order, please contact us.