Useful Resources

QCAT decisions

What is QCAT?

Quite. Simply, its like court, but has a more defined range of issues it deals with.

It’s meant to be cheaper, quicker - and not involve lawyers or costs!

The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters.

The tribunal’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions.

As with most legal matters, you frequently will need, and are better to utilise a lawyer however.

You can also apply for costs.

What are costs?

Simplistically – your costs in having run your matter, if successful.

What can I take to QCAT?

QCAT can resolve disputes and make and review decisions about:

adult administration and guardianship
administrative decisions
anti-discrimination
building disputes
children and young people
consumer disputes
debt disputes
minor civil disputes
occupational regulation
other civil disputes
residential tenancy disputes
retail shop leases
tree disputes.

How do I make a QCAT application to get a decision?

I could tell you all about it, but why not go to this link and read everything you need to know.

Just remember, putting together a good case and presenting evidence is what lawyers do best.

Would you pull your own tooth given the choice to see a dentist? Exactly!

Give me a call today and let me help you have the best chance of winning your matter.

Appealing a QCAT Decision

So someone obtained a decision against you??

I may be able to help you.

The outcome of the appeal may:

Confirm the decision
Amend the decision
Set aside the decision and hand down a new decision, or
Set aside the decision and require the decision to be reconsidered by QCAT

Decisions by the Queensland Civil and Administrative Tribunal (QCAT) are only able to be appealed in certain circumstances.

There are particular decisions that can’t be appealed including:

A default decision
Decision to reopen a proceeding
Decisions to accept or reject an application made by the Principal Registrar or a delegate
A direction to accept or reject an application made by QCAT to the Principal Registrar

The process of appeal will depend upon what the type of decision that was made is, as well as whether an error of fact or law or jurisdiction was made. The categories of decisions include but are not limited to:

Interim decisions;
Final decisions made by a judicial member;
Final decisions made by a non-judicial member;;
The amount of costs awarded;
Decisions as to whether to award costs or not rather than the amount of costs awarded.

Time Limits

The time limit for lodging an application to appeal against a QCAT decision is within 28 days of receiving written reasons for the decision.

Failure to file your appeal in this time will allow QCAT to dismiss your application.

Can I get an extension please????

Maybe.

Under certain circumstances will an extension of time be granted.

You better get that right though. I wouldn’t attempt that without a lawyers assistance.

In order to apply for permission to appeal against a QCAT decision, we must lodge a Form 39- Application for leave to appeal or appeal.

Effect on original QCAT decision

Just because you appeal, doesn’t mean the decision is stopped!

However you may request that decision does not take effect until after the appeal application is decided (a ‘stay’ of the decision).

You may or may not get lucky. Odds are not though. Here’s where you really need help.

An application to do so must be lodged at the same time of lodging an appeal. To apply for a stay of the decision, we must lodge a Form 44- Application to stay a decision.