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After hearing everyone's evidence, the referee will make a decision.
The referee might:
- agree with your claim
- agree with the trader
- decide that only part of your claim must be met.
Once the referee has made a decision, they will make an order regarding the dispute.
For example, the referee may:
- order the trader to pay you back money or to replace the damaged item sold to you
- order the trader to do repairs
- order that you have no claim.
You cannot appeal the decision. There are only very limited grounds to challenge a decision of the Small Claims Tribunal. These are if the tribunal:
- acted outside its power
- did not allow you to present your case fully.
If you want to challenge the decision you will need to get legal advice as soon as possible. Challenging the decision can be expensive and you may have to pay the trader's costs if you are not successful with your challenge.
What happens if the tribunal's order is not followed?
If the trader refuses to make repairs
If the trader does not repair or fix up the work as ordered, you should lodge a 'Notification to the registrar of non-compliance with order of tribunal' (Form 8) with the tribunal. You can get this form from your local magistrates court.
The tribunal will issue you and the trader with a 'Notice of hearing'. It will include a new time and date to attend the tribunal where the referee will make a new order. The new order will usually be for the payment of money to you rather than repairs be made.
If the trader refuses to pay you money
If the trader refuses to pay you money as ordered by the referee, you should lodge two forms with the tribunal:
- 'Application for order for examination' (Form 15)
- 'Affidavit of debt' (Form 15)
You can get these forms from your local magistrates court.
The tribunal registrar will examine the trader's financial circumstances and their failure to pay and send you a copy of the findings. This is free.
You will be informed of the date and time of the examination and may attend if you like.
After reading the registrar's report, you may decide it is not worth continuing with your claim. If the trader has substantial assets, you might decide to have the order enforced. You should get legal advice to work out how you can enforce the order.
If you have trouble enforcing the order
If you have trouble enforcing an order made by the tribunal, get advice about what action you can take.
You can contact:
- the Small Claims Tribunal registry
- Legal Aid Queensland on 1300 65 11 88
- your solicitor
- a community legal centre
- the registrar at the nearest magistrates court if you live outside Brisbane.