Commercial Building Dispute

1. Before you apply to QCAT

Parties must participate in a dispute resolution process with the Queensland Building and Construction Commission (QBCC) before making a building dispute application to QCAT.

A letter from the QBCC advising of the outcome of this process or advising no process is required to attempt to resolve the particular dispute, must be provided to QCAT when applying. Failure to provide a letter from QBCC about the dispute resolution process for your case at the time of filing your application for a building dispute may result in QCAT refusing your application at the time of lodgement or dismissing your application.

2. What else do I need to do to make a commercial building dispute application

If you seek defective work to be fixed or seek completion of incomplete work, you must complete the alleged defective or incomplete work schedule and attach it to the application when you lodge and give the application to the respondent. The form is contained below for you to complete and submit with your building dispute application.

You also must ensure you attach copies of any relevant documentation when you submit your application. This may include:

• copies of the relevant building contract if one was made between the parties
• If claiming an amount for unliquidated damages, you must include the basis of your calculations for the unliquidated damages
• If you have invoices or reports in relation to the dispute, please ensure you submit these with your application.

Do not worry if you need to collect further evidence. QCAT gives the parties appropriate time to collect further evidence to support their case at a later stage in the process.

In deciding commercial building disputes, QCAT has a monetary limit of $50,000. If all the parties consent, QCAT can decide commercial disputes where the amount of the claim or the counter-claim is more than $50,000. If the parties do not consent you can choose to pursue the dispute through the Magistrates, District or Supreme Court, depending on the amount of the dispute or the remedy you are seeking. You should seek independent advice before you do so.

Before you apply, you must also complete the consent notice for major commercial building dispute if the application or counter-application exceeds this limit.

3. If your application is urgent

If you believe your application is urgent and wish to have an order made before the final hearing, you can apply to QCAT for an ‘interim order’.

An interim order is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final QCAT decision can be effective.

You must ensure you clearly set out in your application why an interim order should be granted with supporting evidence. The relevant interim order application form is attached below for you to use.

If you decide to make an interim application, you must ensure a copy of the interim application is provided to the other parties.

4. Complete and lodge this form