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Decision about a minor civil dispute

You can appeal a decision about a minor civil dispute to the Internal Appeal Tribunal in QCAT. In all cases, you must ask the Internal Appeal Tribunal for permission to appeal the decision by completing and lodging Form 39 - Application for leave to appeal or appeal (PDF, 283.6 KB).

You can appeal the decision on a:

  • question of law
  • question of fact,or
  • question of mixed law and fact.

When an appeal is heard by the Internal Appeal Tribunal a new hearing will take place which will consider the original information and evidence presented. New information and evidence may only be presented if you make an application to Internal Appeal Tribunal and your request is approved.

Internal Appeal Tribunal decisions

If your appeal is based on a question of law the Internal Appeal Tribunal may:

  • confirm or amend the decision
  • set aside the decision and substitute with its own decision, or
  • set aside the decision and return the matter to QCAT or the original body that made the decision to reconsider it.

If your appeal is based on a question of fact or a mixed question of law and fact the Internal Appeal Tribunal may:

  • confirm or amend the decision
  • set aside the decision and substitute with its own decision.

Your appeal does not affect the operation of the original QCAT decision. However in some cases, QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the decision from being carried out until the appeal has been finalised.

If your application for permission to appeal the QCAT decision through the Internal Appeal Tribunal is refused you have 28 days to appeal this rejection to the Court of Appeal. The Court of Appeal will hear the appeal of the rejection if you are appealing on a question of law and you have applied for and been granted permission for it to be heard by the Court of Appeal.

Read more about your matter type before making an application.

Last reviewed
9 November 2011
Last updated
12 July 2012

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