What is qcat

If an application is made to the tribunal in circumstances involving domestic violence, the applicant may request a closed hearing by completing and submitting a QCAT Form 40 — Application for miscellaneous matters. At the commencement of the hearing, the QCAT members or adjudicators responsible for deciding the case, will make introductions and ask all parties to introduce themselves.

The parties and witnesses may be required to swear an oath or make an affirmation at the beginning of proceedings, promising to tell the whole truth in the evidence given to the tribunal in the statements to follow. Each party to the matter may:.

Reopening a matter will only be considered in special circumstances. QCAT will only consider reopening a matter if a party did not appear at the final hearing and has a reasonable excuse for not attending, or a party would suffer substantial injustice if the matter was not reopened because significant new evidence has emerged that was not previously available. An application to reopen proceedings must be lodged within 28 days from the date the tenant was provided with notice of the QCAT decision.

To apply to reopen a matter, the applicant will need to complete and lodge a QCAT Form 43 — Application for reopening, correction, renewal or amendment. This form may incur a filing fee. If applying for a Reopening the applicant needs to attach evidence regarding why they were unable to attend the hearing.

It is also useful to mention any evidence that, if the matter is re-heard, may change the original decision that was made by the tribunal. If parties are applying for a Reopening they may also want to apply for a Stay or Interim order to stop the original decision being enforced prior to the matter being reheard in QCAT. There are limited grounds to appeal a QCAT decision. Parties must first apply to QCAT to seek permission to appeal the decision and set out their reason for an appeal.

Strict time limits apply to appeal a decision. All courthouses outside of the Brisbane CBD can:. The tribunal may consider other arrangements such as videoconferencing or teleconferencing if you are unable to access your local courthouse. What they do QCAT resolves disputes and makes and reviews 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.

The QCAT Act under section 95 2 , however, allows a discretion to limit the rights above if it is considered that the tribunal already has sufficient evidence about the matter. Legal Representation.

Section 43 of the QCAT Act provides that parties are to represent themselves unless the interests of justice require otherwise. This differs from the Courts where parties have a right to be represented by a lawyer. The parties to a QCAT matter must apply for leave to be represented whether by a lawyer or someone else.

QCAT considers the following when deciding if leave should be granted for a party to be represented:. As legislation in Queensland currently stands, parties have a choice of which jurisdiction they wish to proceed.