If the court has made orders in your case and your employer has not followed them, there are things you can do to try and force them to follow the orders. This process is called 'enforcement'.
There are different types of enforcement options, including:
To enforce a judgment of a Federal Circuit Court, you need to:
To apply to the Federal Court, you need to file:
The Request for Enforcement and supporting documents should be filed via eLodgment.
There is no filing fee incurred in the Federal Court for the filing of a Request for Enforcement.
A registrar will consider the Request for Enforcement and, if satisfied that the request and supporting documents are in an appropriate form, issue the enforcement process.
For more information, see the Enforcement, Endorsement and Contempt Practice Note (GPN-ENF) on the Federal Court of Australia website.
Once the enforcement process is issued any further steps to enforce and execute the judgment should then be taken in the Sheriff's office of the relevant Supreme Court.
If the judgment debt is more than $5000 and your employer is an individual, you can have them declared bankrupt by applying to the court. Before taking this action you should get legal advice. This is an expensive and complex way of enforcing the judgment.
If your employer is a company, it can be wound up. To wind up a company you must show that it is insolvent (unable to pay its debts). This can be done by issuing a statutory demand. If the judgment debtor company does not respond to a statutory demand within 21 days you can file an application for a winding up order in the Supreme Court. Before taking this action you should get legal advice. This is an expensive and complex way of enforcing the debt.
Enforcing court decisions is complicated and you should get legal advice about the best steps to take.
For answers to commonly asked questions, see After the case - Frequently Asked Questions.