1. Before you apply to QCAT
Use section 2 under PART C of the form below to request QCAT to dismiss or strike out a proceeding.
For example, you may feel that the opposing party has not complied with QCAT directions or is abusing the process. You can use this form to request QCAT to dismiss or strike out the application.
You can make the request against an initiating application or an application by another party during a case.
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 the application should be dismissed or struck out.
2. Complete and lodge this form
To make an application to dismiss or strike out 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 2 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.