1. Before you apply to QCAT
Use the form below to request QCAT to make an interim order in your matter before the final hearing.
An ‘interim order’ is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final QCAT decision can be effective.
If you are seeking to stay an administrative decision while it is being reviewed by the original decision-maker or QCAT, you should not use this form. Please go to FORM 44 – Application to stay a decision.
If you are seeking an injunction, you should not use this form. You should write to the Tribunal setting out the names of the parties, the case number, details about the injunction you want, and the reasons why the Tribunal should grant the injunction.
Before applying for an interim order you must ensure the request you are making is clear and concise. You must provide sufficient reasons and supporting material (if required) as to why the request should be made.
2. If your application is urgent
QCAT usually considers applications for an interim order on an urgent basis. QCAT will always try to hear interim order applications quickly, which may involve disregarding formal processes if this is necessary and does not disadvantage or cause prejudice to any party.
Once received, QCAT will assess your interim order application for urgency. Your request will then be progressed to QCAT to be considered as a priority.
If you file the application in hard copy or by post please note the urgency in the application or cover letter.
If you file your application via email please clearly note the urgency in the email subject line and application also.
3. Complete and lodge this form
To make an application for interim order you can lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
There is no prescribed fee to make this application.
Form 41 - Application for interim order
The purpose of this form is to an make an application for interim order.
4. How to lodge your application
When filing the application, you are required to file the application and supporting material along with three copy in one of the following ways:
MINOR CIVIL DISPUTES
CHILD PROTECTION REVIEWS
ALL OTHER CIVIL CASES
5. Giving your application to the other parties
At the time of filing your application at QCAT, you should also immediately give a copy of the application to the other parties.
You must provide evidence to QCAT that you have given the other parties your application. For example, if you email the application to QCAT ensure you copy the other parties into the email so QCAT can identify you have served all parties.
If your matter relates to certain matter types you do not need to give a copy of the application to the other parties in those cases. QCAT will provide the other parties with a copy. The matters include those made under the following laws:
- Adoption of Children Act 1964
- Child Protection Act 1999
- Disability Services Act 2006, section 178(9)
- Education and Care Services Act 2013
- Education and Care Services National Law (Queensland)
- Working with Children (Risk Management and Screening) Act 2000
6. What happens next?
After you have submitted your application request, QCAT will seek the views of the other parties if required.
QCAT will then consider the application and decide whether to grant your request.
Once a decision has been made by QCAT, the registry will email or post you a copy of the directions or decision with the outcome.