On the day
The following information may help you when you arrive at QCAT's Brisbane office or a Magistrates Court for a:
If you are unable to attend a directions hearing, mediation or compulsory conference you must let QCAT know as soon as possible before the scheduled date. Please contact the QCAT registry at the location where your proceeding is being held as outlined in your notice. Check the notice you have been sent about the proceeding you need to attend: if you are outside of Brisbane, you may need to attend at your local courthouse.
If you are unable to attend a hearing the tribunal may continue with the hearing and make decisions in your absence. If there is a good reason why you cannot come to the hearing, you can ask the tribunal for permission for someone to come on your behalf, by completing and lodging Application for leave to be represented.
Alternatively you may ask for the hearing to be moved to another date or apply to attend the hearing by remote conferencing by completing and lodging an Application for attendance at hearing, compulsory conference or mediation by remote conferencing (PDF, 159.3 KB). Further information on remote conferencing is provided in Practice Direction 7 - Proceeding by remote conferencing (PDF, 104.1 KB).
Directions hearing
The aim of the directions hearing is to work out how the case will proceed.
Be prepared
Make sure that you are organised and have any information ready to assist in working out how the case should proceed.
Attending in person
If you are attending in person ensure you arrive at least 15 minutes before the start time outlined in the Notice of directions hearing. The other party may be there too.
Find your name or case number on the electronic listing board or list displayed. Go to the room which has been set aside for your case.
You will be invited into the room once the person responsible for conducting the directions hearing is ready. The proceeding may be conducted by a QCAT member, adjudicator or Principal Registrar. The QCAT representative will introduce themself and ask all parties to introduce themselves.
How to behave during the directions hearing
Be clear and to the point. Be prepared with any relevant information you may wish to refer to. Do not interrupt the other party or the QCAT representative - you will have the opportunity to have your say.
What happens after the directions hearing
All parties will receive an order or letter confirming the directions, or actions they need to do, as set down by the tribunal.
Mediation
The aim of mediation is to find a solution to the dispute without proceeding to a hearing.
Be prepared
You need to bring every document, invoice, receipt, quotation or other piece of evidence that you are relying on and give them to the mediator at the mediation. Make sure that you are organised and have evidence to support the main points of your argument.
Attending in person
Ensure you arrive at least 15 minutes before the start time outlined in the Notice of mediation. The other party will be there too.
Find your name or case number on the electronic listing board or list displayed in the registry. Go to the room which has been set aside for your case.
You will be invited into the room once the mediator (the person responsible for conducting the mediation) is ready. The mediation may be conducted by a member, adjudicator, Principal Registrar or an independent mediator.
The mediator will introduce themself and ask the parties to introduce themselves. Generally the mediation is held in private and the length of the mediation will depend on the complexity of the matter.
The discussions during the mediation cannot be used or referred to at the hearing unless the parties agree.
How to behave during the mediation
Be clear and to the point. Do not interrupt the other party or the QCAT representative - you will have the opportunity to have your say.
What happens after the mediation
If the parties reach an agreement the mediator may record the terms of the agreement in writing and make the orders necessary to give effect to the agreement. Each party will then sign the mediation agreement and receive a copy.
A party may request that the agreement be made an order of the tribunal.
If you are not able to reach an agreement the mediator will work with both parties to identify what issues are still in dispute and what issues have been resolved. This will be given to the tribunal.
Compulsory conferences
The aims of the compulsory conference are to:
- identify and clarify the issues you and the other party don’t agree on
- find a solution to the dispute without proceeding to a hearing
- identify the questions to be decided by the tribunal
- make orders and give directions to resolve the dispute
- if the proceeding is not settled, to make orders and give directions about how the case will proceed so it can be resolved.
Be prepared
You need to bring every document, invoice, receipt, quotation or other piece of evidence that you are relying on and give them to the QCAT representative at the compulsory conference. Make sure that you are organised and have evidence to support the main points of your argument.
Attending in person
You will be contacted by QCAT either the day before or on the day of the compulsory conference and the process will be explained to you.
Ensure you arrive at least 15 minutes before the start time outlined in the Notice of compulsory conference. You may choose to use any waiting time to talk to the other party to try and reach an agreement.
Find your name or case number on the electronic listing board or list displayed in the registry. Go to the room which has been set aside for your case.
You will be invited into the room once the person responsible for conducting the compulsory conference, is ready. The proceeding may be conducted by a member, adjudicator or the Principal Registrar.
The QCAT representative will introduce themself and ask the parties to introduce themselves. Generally compulsory conferences are held in private and the length of the conference will depend on the complexity of the matter.
The information and evidence presented at the compulsory conference cannot be used or referred to at the hearing. Compulsory conferences are not open to the public, unless directed otherwise by the QCAT representative presiding over the proceeding.
How to behave during the compulsory conference
Be clear and to the point. Do not interrupt the other party or the QCAT representative - you will have the opportunity to have your say.
What happens after the compulsory conference
If the parties reach an agreement the QCAT representative will record the terms of the agreement in writing and make the orders necessary to give effect to the agreement. Each party will then sign the agreement and receive a copy.
A party may request that the agreement be made an order of the tribunal.
Hearings
The aim of the hearing is to make a final decision about your case. It is generally in your best interest to come to the hearing if the application has been made against you.
Be prepared
You need to bring every document, invoice, receipt, quotation and or other piece of evidence that you are relying on and give them to the members or adjudicators at the hearing. Make sure that you are organised and have evidence to support the main points of your argument.
Attending in person
Ensure you arrive at least 15 minutes before the start time outlined in the Notice of hearing. You may choose to use any waiting time to talk to the other party to try and reach an agreement.
Find your name or case number on the electronic listing board or list displayed in the registry. Go to the room which has been set aside for your case.
At the hearing QCAT members or adjudicators, who are responsible for deciding your case, will introduce themself and ask all parties to introduce themselves. Up to three members or adjudicators may hear your case. The length of the hearing depends on the complexity of the matter.
During the hearing
Evidence may be presented and submissions may be made. You and your witnesses may be required to swear an oath on a bible or make an affirmation that you promise to tell the truth when you give evidence.
You and your witnesses may also be asked questions, called cross-examination, by the other party. Members or adjudicators who decide the matter may also ask you questions.
The person who made the original application to QCAT (the applicant) and their witnesses will be heard first. The other party (the respondent) will have the opportunity to cross-examine the applicant and the applicant’s witnesses. The respondent may then present its own witnesses, who may then be cross-examined by the applicant.
If there is a good reason why a witness cannot come to the hearing, you should bring an affidavit sworn by the witness setting out the evidence you want the tribunal to take into account. Please note that the member or adjudicator may place a lower value on this evidence because the witness cannot be cross-examined.
How to behave during the hearing
Do not interrupt the other party or the member or adjudicator. Listen carefully and answer the questions asked by the member or adjudicator.
What happens after the hearing
A decision may be provided at the end of the hearing however if the tribunal needs more time to consider the matter or to gather more information, it may reserve its decision and all parties will receive QCAT’s decision at a later date.
For some matter types, such as guardianship matters, a written copy of the order will be sent to everyone who received the Notice of the hearing.