Parties in a case may be asked to make submissions, also known as legal arguments. At a hearing, submissions can be made verbally or in writing, or sometimes both. You may also be required to prepare written submissions if, for example, you are applying to QCAT for orders or directions before the final hearing. You may also be required to prepare written submissions responding to an application by another party before the final hearing.
You need to decide what submissions to make.
Preparing submissions
Parties in a case at QCAT may be asked to make submissions. Submissions are the legal points that support your case. The submissions explain why you think you should be successful before the Tribunal. Generally, that will require you to identify the law that applies to your case, for example a section of an Act of Parliament, and to explain how the facts of your case come within that law. It can also include the reasons why you say that an opposing party should not be successful.
Submissions can be made verbally at a hearing or in writing, or sometimes both. You need to decide what submissions to make. It is useful to prepare a submission before the hearing – it can help you organise your case and think about what you want to say.
In some cases, QCAT may:
- Direct you to provide written submissions before or after the hearing
- Ask for submissions on a particular legal issue in a case.
This is an example of a direction requiring the parties to make submissions about a legal issue.
When you are preparing your submissions there are some things you should consider.
What is your case about? Tell us the facts.
Do you know if the other party agrees with your statement of the facts, or do they dispute them?
What is the law that you think should be applied in your case.
Is there a particular section of an Act that applies to your case? Or is there a decision or judgment that is similar to your situation? For example, in a tenancy dispute the Residential Tenancies Act might apply in your case.
Tell us how you think the law applies to the facts in your case and why the Tribunal should decide the case in your favour.
Outline the main issues you want the Tribunal to decide in your case. Tell us what orders you want the Tribunal to make.
This is an example of a submission about an order you would like the Tribunal to make.
To help you prepare your submissions, there is a submission template on the QCAT website that you can use as a guide.
For more information on how to make a submission, or Tribunal processes visit the QCAT website at www.qcat.qld.gov.au.
Be prepared
It is useful to prepare submissions before a hearing – it can help you organise your case and think about what you want to say. In some cases, QCAT may:
- Direct you to provide written submissions before or after the hearing
- Ask for submissions on a particular legal issue in a case.
How to prepare a submission
When you prepare your submissions, consider including:
- Facts: What your case is about. Tell us the facts and include a timeline if appropriate. Do you know whether the other party agrees or disagrees with your statement of the facts?
- Law: What is the law that you think should be applied in your case? This could be a section of an Act that you think applies to your case or an earlier QCAT decision or judgment that is similar to your situation.
- Issues: Outline the main issues you want QCAT to decide.
- Your position or argument: Tell us how the law applies to the facts in your case and why QCAT should decide the case in your favour.
- Orders: Tell us what orders you want QCAT to make.
Make sure your submissions include the QCAT file number, the parties’ names, and your name. You should also sign and date your submissions. You should give your submissions to QCAT and the other party or parties by the due date set out in any directions made in your case.
Template
As a guide, QCAT has a submissions template for you to use.
Find out more information
