1. Before you apply to QCAT
Use the below form to request leave or provide notice of withdrawal of an application or referral lodged with QCAT.
If you have settled your matter or no longer wish to continue you can submit a notice of withdrawal of your application or referral.
Applications or referrals can be withdrawn for a number of reasons. For example, the matter may be resolved in mediation so there is no need for a final hearing.
In some cases, permission to withdraw may be required under legislation, such as where there is a disciplinary referral for professional misconduct. This means the QCAT decision-maker may need to approve the withdrawal of the application or referral.
Before submitting this form you must consider the following:
- You may only withdraw an application or referral for a matter before QCAT hears or decides the matter
- If you withdraw your application or referral you generally cannot make a further application or referral or request a referral relating to the same facts or circumstances without the tribunal’s leave
- This form will only withdraw your application, it will not affect any counter-applications made against you in the proceeding
2. Complete and lodge this form
To submit a notice of withdrawal of application or referral 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 58 - Application for leave to withdraw an application or referral / Notice of withdrawal of application or referral
3. 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 along with three copies in one of the following ways:
MINOR CIVIL DISPUTES
CHILD PROTECTION REVIEWS
For child protection reviews click here for lodgement details.
ALL OTHER CIVIL CASES
For all other civil cases click here for lodgement details.
4. Giving your application to the other parties
You do not need to serve a copy of your application on the other parties to the dispute. QCAT will issue correspondence or directions advising you that the matter has been finalised (or permission to withdraw granted) and provide sealed copies of the application for you to serve on all other parties in the matter.
However, as soon as possible after making the withdrawal request you should advise the other parties in the matter of your intention to withdraw your case as a courtesy and to avoid further costs being incurred by the parties involved in the matter.
5. What happens next?
After you have submitted your withdrawal request QCAT will then consider the request if required. The registry will then organise for the particular application you requested to withdraw to be closed or the entire matter to be closed and finalised.
Once a decision has been made by QCAT, the registry will email or post you sealed copies of the withdrawal form to serve on each other party.