Minor civil disputes overview
Minor civil disputes (MCD) are fully defined in the dictionary to the Act and include claims:
- for debts or liquidated demand
- arising out of a contract between a trader and consumer
- for property damage caused by the use of a motor vehicle
- for repairs to a defect in a motor vehicle
- relating to disputes under the Dividing Fences Act 1953
- in respect of a tenancy matter.
With the commencement of QCAT the jurisdictional limit for these types of claims increased from $7,500 to $25,000.
Our cases
As a consequence of the value increase in this jurisdiction and QCAT’s accessibility there has been an increase in the number of filed applications. This increase has placed considerable pressure on staffing and physical resources for example, the availability of hearing rooms.
The bulk of the matters heard in the MCD jurisdiction relate to residential tenancy matters. These matters were formerly heard in the Small Claims Tribunal.
Contrary to the practice in the Small Claims Tribunal QCAT must give reasons when it makes a final decision. This means that the parties know at the conclusion of the hearing why the tribunal came to a particular decision which helps to ensure that they understand the process that has taken place.
A great deal of attention and resources have been focused on improving the hearing waiting times for these matters. In some cases the waiting time when QCAT began was from three to four months and this has now been reduced to four to six weeks.
Our clients
Clients coming to the tribunal to resolve MCDs represent all of society’s individual and business interests. The greater part of the work involves residential tenancy matters but the full range of personal financial disputes arises.
Our focus is on delivering a fast resolution, in particular for urgent tenancy matters.
Our people
In south-east Queensland, MCD hearings are conducted by QCAT’s own adjudicators appointed under the Act and in other regions by Magistrates, who are QCAT members for the purposes of conducting MCD hearings
The Magistrates and their staff have made a significant and valuable contribution to QCAT’s work in this jurisdiction. They have quickly become familiar with QCAT’s new procedures and the Magistrates have responded to the new requirement for reasons in every case with diligence and skill. The Chief Magistrate Judge Butler, his Magistrates and staff have been supportive in helping QCAT achieve speed and efficiency in disposing of the thousands of matters in this extremely busy jurisdiction.
Publicising MCD work
QCAT members and adjudicators have attended a number of forums conducted by interest groups such as the Residential Tenancies Authority, Home Owners Association, Real Estate Institute of Queensland, the Tenants’ Union of Queensland and tenancy groups. Their feedback on QCAT practices has been sought and encouraged as we continue to refine our service in this new, very large arena.
Minor civil disputes year on year comparison
Case study
In a recent residential tenancy case the President, in QCAT’s appellate jurisdiction, had to consider section 291(3) of the Residential Tenancies and Rooming Accommodation Act 2008. This section provides that a lessor cannot give a notice to leave under that section if to do so would constitute “taking retaliatory conduct”.
The President observed that there did not appear to be any reported decisions on what constituted “retaliatory conduct” either in Queensland, or in any other state. A determination of what conduct could be said to be retaliatory was therefore needed.
It was found that if a tenant takes action to legitimately protect or enforce their rights under the rental arrangement or the legislation, and if the lessor’s subsequent action (eg, by service of a Notice to Leave) is responsive to such action and in the circumstances is unreasonable, excessive or vindictive, then this may amount to retaliatory conduct.
This decision is a helpful guide to all stakeholders involved in tenancy disputes where issues of retaliatory conduct are raised. It is also of assistance to both adjudicators and members when applying section 291 of the Act in hearings.
