The Queensland Civil & Administrative Tribunal, also known as QCAT, is an independent tribunal which seeks to resolve more minor matters in an informal and efficient manner.
As a tribunal, individuals and/or companies are generally not entitled to be legally represented (however there are some exceptions to this rule). Given that parties are not generally entitled to be legally represented, parties are also not usually entitled to claim any costs from the other party to the proceeding.
QCAT can deal with a vast range of matters including the following types of proceedings:
- Anti-discrimination proceedings;
- Building disputes;
- Child protection matters, adoption applications, blue card applications, prohibiting a person from entering an educational facility;
- Consumer and trader complaints arising out of the supply of goods or services where the value of the complaint is $25,000 or less;
- Debt disputes up to a value of $25,000.
- Administration and Guardianship of Adults with impaired capacity;
- Minor Civil disputes up to the value of $25,000 including debt disputes, consumer disputes, residential tenancy disputes, property damage disputes and dividing fence disputes.
- Other civil disputes including tree disputes, body corporate and community management scheme disputes, financial losses caused by motor and property agents, integrated resort development matters, legal cost agreement claims, manufactured home park disputes, retirement village disputes and Sanctuary Cove Resort disputes;
- Occupational regulation including disciplinary proceedings;
- Residential Tenancy Disputes and
- Review of administrative decisions made by government agencies including animal care and regulation, blue card applications, civil partnerships, racing, retirement villages and right to information requests.
Whilst parties are generally not entitled to be legally represented in the proceedings, they are entitled to obtain legal advice about the proceedings and engage a lawyer to assist with completing forms and documentation required to be filed in the proceeding. Further in some cases, a party is automatically able to be represented including:
- (a) for a child or person who has impaired decision making represented in proceedings; or
- (b) if the matter relates to disciplinary proceedings including a review of a disciplinary
- Decision; or
- (c) if the enabling Act related to the matter allows it.
All other parties must apply to QCAT if they want to be represented. QCAT may agree to a party being represented if:
- the party is a State agency
- the proceeding is likely to involve complex questions of fact or law
- another party is being represented
- all of the parties have agreed to the party being legally represented.
If you believe you have QCAT matter and would like legal advice in respect of that matter, please contact us via our Contact Us page.
For general information about QCAT please visit their website at: http://www.qcat.qld.gov.au/
For QCAT forms please visit: http://www.qcat.qld.gov.au/using-qcat/forms
For a range of QCAT fact sheets please visit: http://www.qcat.qld.gov.au/using-qcat/fact-sheets