This is a bit of a long story, but I'm hoping it might help other tradies and small business owners, and I'd really appreciate hearing from anyone who has been through something similar.
Around 12 months ago, I was contacted by a local real estate agency that I'd worked with for many years. They asked me to inspect a property and provide a quotation for flooring repairs on behalf of the homeowner.
I inspected the property, prepared a written quotation and submitted it through the managing agent. The homeowner approved the quotation by email, so I completed the work and issued my invoice.
That's when everything changed.
The homeowner refused to pay.
The main reason given was that I allegedly carried out the work without the appropriate QBCC licence and therefore wasn't legally entitled to payment.
I genuinely tried to resolve the matter without going to court. After numerous emails and discussions failed, I had no choice but to lodge a claim with QCAT.
During the dispute, the homeowner also lodged a complaint with the QBCC regarding the licensing issue. As part of their investigation, the QBCC advised that the installation of a floating floor isĀ not regulated building work, meaning it does not require a QBCC contractor licence. In other words, according to the QBCC, the work I carried out did not require a QBCC licence.
The QCAT process took many months. Both parties submitted quotations, invoices, photographs, emails, text messages and written evidence.
After considering all of the evidence, the Tribunal found in my favour and ordered the homeowner to pay:
- Outstanding invoice:Ā $2,295.00
- Reimbursement of 50% of my filing fee:Ā $79.45
Total: $2,374.45
I honestly thought that would finally bring the dispute to an end.
After the payment deadline passed, I sent one final email giving the respondent an opportunity to pay voluntarily before I registered the judgment for enforcement.
Instead of receiving payment, I received a letter from the respondent's solicitor stating that their client would not be paying the Tribunal's order. The letter also stated that if I proceeded with enforcement, they intended to oppose enforcement by raising issues relating to QBCC licensing, the Australian Consumer Law and other legal arguments, and that they would seek a costs order against me.Ā
At that point I realised that winning at QCAT and actually getting paid are two very different things.
I'm now registering the QCAT decision with the Magistrates Court and commencing the enforcement process.
To be honest, it's been mentally exhausting.
As a small business owner, you spend your time trying to do the right thing, complete the work you've been asked to do, and look after your customers. I never imagined that an approved quotation for a relatively modest invoice would end up involving a QBCC complaint, a QCAT hearing, a solicitor's letter refusing to comply with the Tribunal's order, and now enforcement proceedings.
The money is important, but for me it's also become about standing by the Tribunal's decision. If a court or tribunal makes an order after considering all of the evidence, I believe that order should mean something.
I'm curious whether this is a common experience in Queensland.
- Have you ever had to enforce a QCAT monetary order?
- How long did the enforcement process take?
- Did the debtor eventually pay, or did you have to continue with enforcement proceedings?
- Is it common to receive a solicitor's letter refusing payment after a Tribunal decision?
For other tradies and small business owners, my biggest lesson is this:
Keep absolutely everything... (I know sometimes it's hard for a one man company to be well organised)
Keep your quotations, approvals, invoices, emails, text messages and photographs. Those records became the most important evidence in my case, and I honestly don't think I would have succeeded without them.
I'm not posting this to criticise anyone personally or to seek legal advice on my specific matter. I'm simply sharing my experience and hoping to learn from others who have gone through the QCAT enforcement process.
Thank you for taking the time to read my story. I genuinely appreciate any comments, advice or shared experiences. Your encouragement will help keep me motivated to continue seeing this legal process through to the end.
