1. Before you respond
Before you respond to an application or referral and/or make a counter application in all other civil matters please use the below generic form depending on your case type. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
When you complete the response form, do the following:
- provide the reasons you are disputing the allegations made by the applicant
- use numbered paragraphs which are cross-referenced to the paragraphs in the applicant’s application
- include a clear outline of the history and nature of the dispute
If making a counter application:
- set out the facts you rely on to support the counter application
- annexed (indexed and numbered) copies of all documents to support your counter application
- provide the reasons you rely on to make the counter application
Please ensure you consider and pay the relevant fees if you are making a counter application.
The fee payable for the counter-application will be the same as that for new cases.
A response and/or counter application must be given to all other parties in the case.
2. Fees
There is no prescribed fee for lodging a response to an application.
There is a prescribed fee for lodging a counter application. You must pay the prescribed fee when filing a counter application. Usually, it is the same amount as the initiating application.
You must pay the appropriate counter application fee – (Credit card authorisation form for mail payments)
3. Complete and lodge the below response and/or counter application form
Form 36 - Response and/or counter-application
The purpose of this form is to respond or make a counter application in all other civil matters.
4. How to lodge your response and/or counter application
When filing a response and/or counter application, you are required to file the application and supporting material along with 3 copies plus one extra copy for every additional party named in the application in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
Your response and /or counter application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your response and/or counter application form will then be sent back to you to give to the other party/s. You can also keep a copy for your personal records.
5. Giving your response and/or counter application to the other parties
You are required to give a copy of your response and/or counter application and supporting material to all parties named in the application within 28 days or as otherwise directed by QCAT.
As noted above, for one of the following prescribed disputes, you must file and give a copy of the response and/or counter application to the applicant no later than fourteen (14) days after you were given a copy of the initiating application or referral.
- A building dispute under the Queensland Building and Construction Commission Act 1991;
- Referral for recovery of debt under the Queensland Building and Construction Commission Act 1991;
- Application made under the Domestic Building Contracts Act 2000;
- Application made under the Body Corporate and Community Management Act 1997.
Visit this page for further information on service requirements.
6. What happens next?
After you have submitted your response and/or counter application, if not already issued, QCAT will provide further instructions to the parties on the next steps in the process.
Learn more about the civil process and preparing your case here.