What is a 'minor civil dispute'?
A residential tenancy, minor debt, consumer/trader or dividing fence dispute where the claim for certain debts or disputes in the case is less than $25,000 (excluding interest).
What is a 'substituted service'?
If, for any reason, you find it difficult to give a document or application to the respondent personally, QCAT may make an order substituting another way of giving the document or application to the respondent/s in the case.
This means substituted service is giving a respondent the application in another way other than personally such as by email or post.
QCAT can state the steps you need to take to bring the document to the attention of the entity to be given the document.
QCAT can also make orders even if the entity to be given the document or application is not in Queensland or was not in Queensland when the proceeding started.
Section 13 of the Neighbourhood Disputes (Dividing fences and Trees) Act 2011 provides the meaning of sufficient dividing fence:
(1) A dividing fence is a sufficient dividing fence if:
(a) for adjoining land consisting of 2 parcels of residential land, the dividing fence
- is between a minimum of 0.5m and a maximum of 1.8m in height; and
- consists substantially of prescribed material; or
(b) for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or
(c) in any case
- the adjoining owners agree the dividing fence is a sufficient dividing fence; or
- QCAT decides the dividing fence is a sufficient dividing fence.
(2) For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence.
* Prescribed material, for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law:
(a) wood, including timber palings and lattice panels
(b) chain wire
(c) metal panels or rods
(e) rendered cement
(f) concrete blocks
(g) hedge or other vegetative barrier
(h) other material of which a dividing fence is ordinarily constructed