SACAT order not paid? How to enforce it through the Magistrates Court

SACAT does not chase the money for you. If SACAT ordered someone to pay you and they have not paid, the law lets you recover the amount in the Magistrates Court as if it were a debt, which means you lodge a claim there. Before you lodge, send a final demand and wait 21 days, or you may not get your filing costs back.

Claim Done drafts a final demand letter that refers to your SACAT order, plus a short enforcement guide for you, for a flat A$97. You can start the tribunal order enforcement pack from your answers in a few minutes.

Is this a SACAT order you have to enforce?

After a hearing, SACAT records its decision in a Tribunal order. If you reached agreement at a conciliation conference, that outcome is recorded in an order too. SACAT’s own page on enforcing a housing order says all SACAT orders for housing disputes are enforceable.

• Bond orders. If SACAT ordered the bond paid to the landlord, the tenant or the Housing Trust, or split between them, you do not need to do anything. The Bonds section of Consumer and Business Services is notified automatically and pays out the bond under the order.
• Money orders. If SACAT ordered one person to pay money to another and it is not paid, the person owed can go to the Magistrates Court (or a court with the right jurisdiction) to enforce it. This is the case this page covers.
• Other orders. For an order to do something, such as carry out repairs, SACAT says the usual consequence of not doing it is that the other party can contact the Tribunal and ask for a further hearing.

What the law says

Section 89 of the South Australian Civil and Administrative Tribunal Act 2013 says the amount in a SACAT money order may be recovered in the appropriate court as if it were a debt. The appropriate court is the Magistrates Court where the amount is within its limit for a claim based on a contract, and the District Court in any other case. Section 88 says a copy of an order certified by a SACAT registrar is accepted in legal proceedings as a true copy.

The person who can recover is set by regulation 9 of the SACAT Regulations 2015: a party to the proceedings, or a person the money order is made in favour of.

Step 1: send a final demand and wait 21 days

The Courts Administration Authority says, on its page before making a claim, that you should give the other side notice of your intention to sue before you make a claim. Otherwise the costs of filing the claim will not be recoverable. The notice can be a Final Notice (lodged through CourtSA) or a letter of demand. The other side has 21 days to respond, and the court says it is important that you wait those 21 days before making a formal claim.

Your letter should make these points clearly:

• the date of the SACAT order, the file number and the amount it ordered
• any payments made since, and the amount still unpaid
• a firm date to pay by, and how to pay (bank details or PayID)
• that if it is not paid, you will apply to the Magistrates Court to recover the amount as a debt
• that they can put a written payment proposal before the deadline

Keep a copy of the letter, proof of when you sent it, the SACAT order and a list of any payments.

Step 2: lodge a claim in the Magistrates Court

If the 21 days pass and you are still not paid, you lodge a claim. The court’s page on starting a civil case says claims are lodged electronically through the CourtSA portal. You need the amount you are claiming, the correct name and address of the person, the dates, and why you are owed the money. You then serve the claim on them. Serving it yourself by post or email costs nothing; a Sheriff’s officer can serve it for a fee.

Court fees (as at November 2026)

The Magistrates Court civil fees, as at 1 July 2026, include:

• filing a final notice of claim through CourtSA: $27.75
• filing a minor civil action: $186
• a general claim over $12,000 and up to $25,000: $406 for an individual, $689 for a prescribed corporation
• an investigation or examination summons: $71

The CourtSA Registry can tell you which fee applies to your claim.

Step 3: if they still do not pay after judgment

A court judgment is not paid automatically either. The court’s page on enforcement of a civil debt says the court does not automatically enforce civil judgments, and a creditor must request an investigation or examination summons. The court’s judgment page sets out the options.

• Investigation summons (Form 143). The debtor comes to court so the court can work out whether and how they can pay. The court can order payment by instalments. You need the debtor’s correct address.
• Examination summons (Form 146). If the debtor misses payments under the court’s order, this brings them back to explain. You need the amounts and dates of at least two missed payments.
• Warrant of sale. A Sheriff’s officer can seize and sell the debtor’s goods. It is valid for 12 months from issue and there is a cost to issue and execute it. Items used to earn a living, goods on hire or lease, and household goods, clothes and vehicles worth less than $2,500 are not taken. The Sheriff’s Office says warrants of sale are executed against personal property before real property.
• Charging order. If the debtor owns land in their own name, the court can order that it cannot be sold or transferred until the debt is paid. The order can be registered with the Lands Titles Office.
• Garnishee order. Money someone else owes the debtor, such as a bank account, is paid to you instead. The court’s page says wages are covered only with the debtor’s consent.

For help with the steps, the court’s page gives the CourtSA Registry number, 8204 2444, for procedural advice.

Time limits

SACAT’s enforcement page does not state a time limit for enforcing a money order. Ask the Magistrates Court registry before you rely on a date.

How the final demand is set out

1. Heading and reference line: “Final demand”, the tribunal, the order date, the file number and the amount unpaid.
2. The order: what SACAT ordered, on what date, and by when.
3. Payments and balance: anything paid since, and what is still owed.
4. Contact since the order: only what actually happened.
5. The demand: the amount, the pay-by date and the payment details.
6. If it is not paid: the court step you will take.
7. A payment proposal: an invitation to put one in writing before the deadline.

Mistakes to avoid

• Lodging the claim before 21 days have passed since your notice. You may lose the filing costs even if you win.
• Getting the person’s name or address wrong. The claim and every summons need the correct details.
• Leaving out part-payments. Claim only what is still unpaid.
• Chasing the bond through the court when SACAT ordered it paid out. The bonds office pays that automatically.
• Threatening anything beyond the court steps.

What the A$97 pack does

The pack gives you a final demand letter in the structure above, giving 21 days to pay, naming the Magistrates Court claim as the next step. You approve it first. If you give the person’s email, it is sent to them; if not, you send it yourself. You also get a guide, for your eyes only, to the court step that enforces a SACAT order, which tells you to wait the full 21 days before lodging. You lodge any court claim yourself. Start the tribunal order enforcement pack when you are ready.