1. Before you apply to QCAT
Use the form below to request QCAT to extend or shorten a time limit or waive compliance with procedural requirement.
There may be occasions when you cannot comply with timeframes QCAT has directed you to comply with. There may also be circumstances outside your control that limit your ability to comply with a certain step in the process. You can use this form to ask QCAT for an extension to the time frames to allow yourself more time to comply or to waive compliance with the requirement to do so.
Before applying you must ensure the request you are making is clear and concise. You must provide sufficient reasons for the delay and supporting material (if required) as to why the request should be made.
2. What else do I need to do make this application?
If directions have been issued by a QCAT decision-maker in your case and you are applying for an extension of time to file material, you must be aware that you are still required to comply with the compliance dates issued until such time as QCAT has approved your extension. Making an application to extend or shorten a time limit does not automatically mean your extension request is granted. The QCAT decision-maker must approve your extension.
If your compliance dates have passed and you have not received an outcome from QCAT, you should still attempt to comply with your original directions as soon as possible after the compliance dates unless QCAT directs otherwise. Failing to comply with directions can result in orders being made against you for non-compliance.
3. Extending time limit to review external chief executive decisions
As noted above, you may also use this form to apply to extend the time in which to seek a review of a decision of the chief executive under the Agents Financial Administration Act 2014, Debt Collectors (Field Agents and Collection Agents) Act 2014, Motor Dealers and Chattel Auctioneers Act 2014 and Property Occupations Act 2014.
Before you apply there are steps you must take and applicable fees required. Learn more about making this type of extension request here.
4. Complete and lodge this form
To make an application to extend or shorten a time limit or for waiver of compliance with procedural requirement you can click the link below and complete the online form or 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 42 - Application to extend or shorten a time limit or for waiver of compliance with procedural requirement
The purpose of this form is to ask QCAT for permission to make your application outside the 28 day or other statutory review timeframe.
5. How to lodge your application
When filing your application via our online service you do not need to file any extra copies.
When filing the application in hard copy, post or email 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
6. Giving your application to the other parties
If you file an application to extend or shorten a time limit or for waiver of compliance with procedural requirement via QCAT’s online service, copies of your application will then be sent back to you to serve. You must give a copy of the application to each party and notify QCAT that you have done so. If you file your application via hard copy you also need to give the other parties a copy.
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
7. 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.