This service information applies only to minor debt applications.
How long do I have to serve the documents?
You must give (serve) the stamped application to the respondent within 90 days of lodging the application.
How do I serve the documents?
When you lodge an application, QCAT will return copies of your application and/or documents stamped with the QCAT seal (official stamp).
For minor debt applications you must then deliver (serve) a copy of the stamped documents to the other person or business in accordance with Rule 39 of the Queensland Civil and Administrative Tribunal Rules 2009, in one of the following ways:
- By post;
- By fax if the person being served has an address for service that includes a fax number;
- By email if the person being served has an address for service that includes an email address; or
- By leaving it with someone who is at the relevant address and is apparently an adult and residing or employed there
- In another way provided for in the service practice direction;
- In any other way directed by the tribunal.
If you wish to serve a document personally, please refer to QCAT Practice Direction 2009/8 Service of documents (PDF, 147.1 KB) (PDF, 147.1 KB).
You can pay a fee to have the documents professionally served by a Magistrates Court bailiff, commercial agent or process server.
Different requirements may apply if you are serving a company. A copy of the corporations search by ASIC may be required.
Proof of service
To prove a QCAT application has been served the applicant must complete an affidavit of service (PDF, 296.3 KB) and provide to QCAT.
If a response is received
The respondent can lodge a response to the minor debt application within 28 days of receiving the application.
If a response is lodged and the amount claimed is less than $1500, in most cases the matter is listed for a hearing and QCAT will provide a notice of hearing to the parties.
If a response is lodged and the amount claimed is over $1500, in most cases the matter is listed for mediation, and QCAT will provide the parties with a notice of mediation. Mediation allows parties to negotiate and resolve the dispute before a matter is listed for hearing.
If no response is received
If the respondent does not lodge a response within the appropriate timeframe then the applicant may apply to the tribunal for a decision by default.