1. Before you apply to QCAT
Use section 8 under PART C of the form below to request QCAT to adjourn a proceeding to another date.
Before applying 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 an adjournment request should be granted. This may include providing a travel itinerary, medical certificate or the consent of the other parties to the matter.
It is important to make this application as soon as possible to allow QCAT sufficient time to consider the application and reschedule your matter if the adjournment is approved. You should provide your period of unavailability so QCAT can reschedule the matter on an appropriate date and time in the future. If possible, also seek availability from the other parties to assist QCAT with rescheduling your matter to an appropriate date that accommodates all parties.
Before applying you must also be aware of the following:
- QCAT may not agree with your request and direct the proceeding to continue. You should be prepared for this type of outcome when requesting to adjourn a proceeding and prepare yourself accordingly
- in some cases costs orders can be made against you for adjourning or not attending a proceeding without sufficient notice to the other parties
- if you request to adjourn a proceeding please be aware that your matter may not be listed for a significant period of time due to the busy hearing schedule of QCAT decision-makers
2. Complete and lodge this form
To make an application for adjournment complete and lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You should complete section 8 under PART C of the application form.
There is no prescribed fee to make this application.
Form 40 - Application for miscellaneous matters
3. How to lodge your application
When filing the application, you are required to file the application and supporting material along with three copies in one of the following ways:
MINOR CIVIL DISPUTES
CHILD PROTECTION REVIEWS
ALL OTHER CIVIL CASES
4. 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
5. 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.