Statement of financial position - Company (Form 71a)

Under rule 807 of the Uniform Civil Procedure Rules 1999 (Qld), at any time after a money order is made, the enforcement creditor may, by written notice, require the enforcement debtor to complete and return a statement of financial position in the approved form. The notice is given or posted with a blank statement, and the debtor must complete and return it within 14 days of receiving it (r 807(2)-(3)). Where the debtor is a corporation, an officer of the corporation must complete it (r 807(4)), and Form 71A (Version 3, approved 12 May 2025) is the company version. It is sworn or affirmed like an affidavit. The creditor uses it, or the debtor's failure to return it, as the basis for an enforcement hearing (r 808).

When you need it

• You hold a money order against a company and want information about its income, assets and liabilities before choosing how to enforce.
• You are an officer of a company that has been sent a Form 71A by an enforcement creditor.
• You want to apply for an enforcement hearing. That application can only be made after the creditor has required a statement under rule 807 and it has been returned or the time has expired (r 808(2)).
• For an individual debtor, the court's enforcement fact sheet refers to Form 71.

1. 1

   Creditor: fill in the front page

   Complete the heading from the proceeding (the Word form is headed Supreme Court; substitute District Court or Magistrates Courts as needed), name the enforcement creditor and enforcement debtor, and insert the address the statement must be returned to.

2. 2

   Officer: answer Parts 1 and 2

   Part 1 asks for the officer's own details. Part 2 covers the company: the officer's role, whether it is in administration, receivership or liquidation, name changes, its accountant, any business sold in the last six months, income and profit for the last two years ending 30 June, and its shares. If the company is in administration, receivership or liquidation, give the external administrator's details and the reason, and you need not answer further questions (item 2.6).

3. 3

   Answer Parts 3 to 5

   Part 3 covers money owed to the company, including by officeholders and shareholders, and trust interests. Part 4 covers leases, hire purchase, undistributed profits, dividends and premises. Part 5 covers bank accounts and other assets. Attach the copies the form asks for, such as tax returns, financial statements, contracts and leases.

4. 4

   Answer Parts 6 and 7

   Part 6 covers the company's liabilities and Part 7 asks for any proposal for payment of the debt.

5. 5

   Follow the answering rules

   Answer every question, use 'Nil' where appropriate, and only estimate if you cannot give an accurate answer after reasonable enquiry. Put the letter E before any estimated amount. Attach extra pages if you need more room.

6. 6

   Swear or affirm it

   The officer signs the statement before a qualified witness as an affidavit, with the jurat completed as on Form 46, including the electronic signing or audio visual link boxes where relevant.

• The company does not file the statement with the court. The officer returns the completed, sworn statement to the enforcement creditor at the address shown, within 14 days after it was received (r 807(3)).
• The form warns that failing to return the completed statement may lead to punishment for contempt of court.
• If the statement is not returned in time, or the creditor is not satisfied with it, the creditor may apply without notice for an enforcement hearing, supported by an affidavit. No fee is payable for filing that application (r 808(1)-(5)).
• The registrar then issues an enforcement hearing summons, which may require a completed statement at least 4 business days before the hearing. The summons can be directed to an officer of the corporation and must generally be served at least 14 days before the hearing (rr 808(6)-(7), 809).

• Creditors: send a blank Form 71A with the written notice. Rule 807(2) requires the blank statement to go with the notice.
• Keep proof of when and how you gave or posted the notice. The 14 days run from receipt.
• If a person summoned to an enforcement hearing fails to attend, the court's fact sheet notes the registrar may issue a warrant for their arrest (r 816).