Enforcing SAT Orders

You have obtained judgment against a party in the State Administrative Tribunal (SAT) and you have been awarded costs. The other party are refusing to honour the judgment made by the SAT. What can you do?  

How do I enforce the order?

Under the State Administrative Tribunal Act 2004 (WA) (the Act) the SAT has no power relating to the enforcement of a judgment. However, under section 85 of the Act, a person can enforce an order of the SAT by filing with a court of competent jurisdiction:

1.       A certified copy of the order, which can be obtained from the SAT for a small cost; and

2.      An affidavit which confirms the amount you are owed.

There is no charge for filing these documents in a court, and upon filing, the order of the SAT is taken to be an order of the court in which the order is filed in. For example, if you file  the SAT order with the Magistrates Court, the order is taken to be an order of the Magistrates Court, and not an order of the SAT, and will therefore be enforceable in accordance with the Magistrates Court’s procedures relating to enforcement.

Which court do I file the orders of the SAT with?

The court in which you file you certified order and affidavit in will depend on the amount awarded to you under the order. The jurisdiction of each court in Western Australia relating to the enforcement of monetary orders of the SAT is as follows:

·         Magistrates Court – if the amount awarded does not exceed $75,000.

·         District Court – if the amount is more than $75,000 but less than $750,000.

·         Supreme Court – if the amount is more than $750,000.

What happens after I’ve filed my documents?

After you’ve filed the certified SAT order and your affidavit with the appropriate court, you will need to follow that court’s procedures relating to enforcement and pay any associated costs relating to the enforcement. For example, if you wish to enforce the orders in the Magistrates Court, you will need to:

1.       File a certified copy of the SAT orders;

2.       File an affidavit confirming the amount which remains unpaid;

3.       File a Form 6 – application or request to the Court and pay the associated filing fee.

Nothing in this article constitutes legal advice. Appropriate advice should be sought before enforcing any judgment of the SAT.

If you require further advice in relation to the enforcement of SAT orders, please contact us for more information.

Please note, this article covers monetary orders only.