1. Before you lodge a counter application
If you are making a counter application in a tenancy dispute, when you apply ensure you:
- provide the reasons you rely on to make the counter application
- set out the facts you rely on to support the counter application
- include annexed (indexed and numbered) copies of all documents to support your counter application
Both parties involved in the same residential tenancy dispute can make an application against the other. For example, a tenant may claim the bond and the landlord may make a claim for compensation. Where this occurs, applications may be joined. This means the claims may be heard and decided together.
A counter application must be given to all other parties in the matter.
If you are making a counter application in a consumer/trader or dividing fence dispute, when you apply ensure you:
- provide the reasons you rely on to make the counter application
- set out the facts you rely on to support the counter application
- include annexed (indexed and numbered) copies of all documents to support your counter application
A counter application must be given to all other parties in the matter.
2. Fees
There is a prescribed fee for lodging a counter application. You must pay the prescribed fee when filing a counter application. Usually, it depends on how much is being claimed.
You must pay the appropriate counter application fee – (Credit card authorisation form for mail payments)
The fee payable for the counter-application will be the same as that for new matters.
3. Complete and lodge the below counter application form
To make a counter application in tenancy, consumer/trader and dividing fence cases please use the below form. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
Form 8 - Minor civil dispute - counter application
The purpose of this form is to make a counter application in a minor civil dispute.
4. How to lodge your counter application
When filing a 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:
| In person or via mail to your local Magistrates Court * | Click here to find a list of Queensland Magistrates Courts. |
|---|---|
| In person at the Brisbane registry | Queensland Civil and Administrative Tribunal |
| Mail to the Brisbane registry | Queensland Civil and Administrative Tribunal |
*If your matter relates to a tenancy dispute the counter application should be submitted to the courthouse nearest the rental property
Your counter application is not filed until it is sealed by QCAT (i.e. stamp it 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 counter application to the other parties
A counter application must be filed as soon as possible prior to the hearing, and a copy must be given to the other party.
Please note, you must give the other party a copy of any additional material filed at QCAT, in relation to your matter. This should be done as soon as possible. Please do not wait till the day of the hearing to give the other party your counter application or material you wish to rely upon.
Visit this page for further information on service requirements.
6. What happens next?
After you have submitted your counter application, QCAT will provide further instructions to the parties on the next steps in the process or list the matter for a hearing.