Walsh v Walsh
[2014] QCAT 367
| CITATION: | Walsh v Walsh [2014] QCAT 367 |
| PARTIES: | Tina Walsh (Applicant) |
| v | |
| Michael Walsh (Respondent) |
| APPLICATION NUMBER: | MCD02299-13 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | 16 May 2014 (on the papers) |
| HEARD AT: | Brisbane |
| DECISION OF: | Member McLean Williams |
| DELIVERED ON: | 22 July 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | The Application is dismissed. |
| CATCHWORDS: | Minor Debt matters – jurisdiction of tribunal |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
On 16 May 2014 this mater was heard on the papers and dismissed on the basis that QCAT does not have sufficient jurisdiction to entertain the claim.
More recently, on 29 May 2014, the Applicant has requested reasons for that decision, in writing. These now are my reasons.
By an application filed on 5 November 2013 the Applicant seeks to recover the sum of $12,119.50 from her former spouse, which is owed to her pursuant to final orders made by the Federal Magistrates Court on 11 February 2013, in family law proceedings. The Respondent has defaulted by not paying that sum to the Applicant in the manner required by the orders. The Applicant now seeks to enforce the orders of the Federal Magistrate in minor debt proceedings, before QCAT.
In my view, QCAT has no jurisdiction to hear this claim. By her application, the Applicant seeks to enforce what is now an order within the jurisdiction of the Federal Circuit Court (as the Federal Magistrates Court has become).
The Applicant’s entitlement to the sum claimed arises pursuant to orders made by a court with jurisdiction under the Commonwealth Family Law Act. In a case of breach of those orders the applicant must look to the Federal Circuit Court in order to enforce her rights.
The Application is dismissed.
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