At the end of the final hearing, QCAT will announce the decision and provide oral or written reasons to the parties for the decision. Below you can learn about what happens after the hearing, what happens if the decision is reserved, and options for enforcement or appealing a decision with which you disagree.
What happens after the final decision is delivered?
Once QCAT delivers your final decision, the parties must abide by it. If you do not agree with the decision, you may be able to appeal the decision.
What happens if my decision was reserved?
If the QCAT decision-maker needs time to consider the matter or to gather more information, they may reserve their decision. This means all parties will receive QCAT’s written decision and reasons at a later date, after the hearing.
The QCAT Reserved Decisions Policy governs reserved decisions and how parties may enquire about the progress of a reserved decision .
As set out in the Policy, QCAT decision-makers endeavour to deliver decisions (with reasons) within three (3) months of each decision being reserved.
When will I receive the decision from QCAT?
After the decision has been delivered, a copy of the decision will be sent to you by mail or email.
If reserved, the decision will usually include reasons for the decision with an 'appeals information notice' also included. This sets out your appeal rights and provides other helpful information.
Important information you need to know after the final hearing
After the final hearing, there is important information you need to know including:
Queensland State Courts and Tribunals, including QCAT, are courts of record. Proceedings are usually recorded and a written transcript of the proceedings may be produced.
All proceedings are recorded in compliance with the Recording of Evidence Act 1962.
DJAG has moved to a new way of delivering recording and transcription services across Queensland Courts and Tribunals
For further information please refer to the recording and transcription page on the Queensland Courts website.
Sometimes you may not receive reasons with certain decisions. If a QCAT decision-maker has not provided reasons for their decision, you can request reasons for a decision via our online service.
To apply for reasons for the decision online please click here
You should apply for reasons for a decision within 14 days from when the decision takes effect. This is usually the date the decision is made (unless the decision says otherwise).
Please be aware that QCAT does not have to give reasons for some procedural directions or decisions in a matter. This includes decisions to consolidate, separate or hear and decide proceedings together, and decisions to amend time limits or waive compliance with procedural requirements in a matter.
In civil proceedings all reasons for a decision are published unless orders are made for non-publication.
To learn more about why reasons for decision are published click here
At the end of a proceeding, QCAT makes their final decision, or an agreement is reached by the parties. The decision may include an order for one or all parties to do something, or to stop acting in a particular way.
If the other party does not comply with any aspect of a QCAT order, you can seek to have the order enforced.
In Queensland, enforcement proceedings are decided in the courts and the type of order you wish to enforce, be it monetary or non-monetary, determines the court to which you apply.
To learn more about enforcement proceedings and the process you need to follow click here
QCAT can decide to award costs in some matters, if it is in the interests of justice to do so.
If you believe you should be awarded costs in your matter, you can apply to QCAT to request costs be awarded in your favour before a proceeding ends or after the final decision has been made.
Learn more about the costs process and how to make an application for costs here.
When do I get my bond money back after the hearing?
If QCAT’s decision involves the distribution of bond money, at the conclusion of the hearing, QCAT will give the Residential Tenancy Authority (RTA) the details of the decision. The RTA will then distribute the money according to the decision.
What happens when a termination order and warrant of possession are made?
After a termination order has been made by QCAT ending your tenancy agreement, you will have to vacate the premises by midnight on the date set out in the order.
A warrant of possession is also issued, which sets out the important dates and requirements for the Queensland Police Service to remove you if you do not vacate the premises in the required timeframe. The warrant of possession authorises the police to enter the rented premises and, using reasonable force where necessary, make tenants vacate the premises.
While the warrant is in effect, the police may attend the property and give you a date by which you must vacate the premises, or they may require you to vacate the premises immediately. You will not be able to enter the premises after the warrant of possession has been executed as the locks will be changed. You may wish to contact your local police station for more information. A complete list of Queensland police stations is available at www.police.qld.gov.au/stations.
If you are being evicted and need assistance or support during the eviction process, you can find further information here to assist you. This factsheet provides you with information about what to do after the tenancy agreement has been terminated and a Warrant of Possession has been issued, and where you can access support services.
If you do not agree with a QCAT decision
If you do not agree with a QCAT decision, there are options available to you. There are strict time limits for making the below applications. If you do not agree with the final decision, you can:
In limited circumstances, parties can appeal a QCAT decision to either the Queensland Civil Administrative Appeal Tribunal or the Court of Appeal. When appealing a QCAT decision, the appeal process and eligibility to appeal differ depending on the type of decision that has been made.
Before lodging an appeal, please check the relevant law to determine if you can appeal a decision, the appeal forum, time limits , what fees you must pay and the application process.
Learn more about appealing a decision and the application process here.
You can ask QCAT to consider reopening your matter. QCAT will only consider reopening a matter in certain circumstances where a ground for reopening exists.
For example, if you had a reasonable excuse for not attending the hearing, there may be a ground for reopening the matter if you would suffer a substantial injustice by not being able to present significant new evidence in your matter at hearing.
There are fees and time limits associated with this type of application.
Learn more about asking to reopen a matter and the reopening application process here
In some situations, it may not be possible for the QCAT decision to be complied with. There may also be problems with interpreting, implementing or enforcing the decision. In this case, a party involved in the matter may apply to QCAT for a renewal of the decision.
If you ask QCAT to renew the decision, QCAT may make the same decision or make a new decision.
A renewed decision is enforceable as a final decision of QCAT.
There are fees and time limits associated with this type of application.
Learn more about asking to renew a matter and the renewal application process here.
If you notice a clear written mistake in a final decision, you can ask QCAT to consider making a correction to fix the mistake.
You can also ask QCAT to make amendments to a settlement agreement if all parties consent to the proposed amendment.
If you make either application, it is important that you seek the views of the other parties to the decision or agreement and you include clear reasons why the correction or amendment should be made.
You should not apply to correct a decision or amend a settlement agreement just because you are unhappy with the outcome.
You must complete FORM 43 - Application for reopening, correction, renewal or amendment.
