Parties can make applications to QCAT requesting specific directions or decisions to be made during the life of a matter. These applications may assist with progressing the matter and help in preparing the case for final hearing.
The below information sets out the steps you need to take to make these applications and a list of applications you can request QCAT to consider.
What is the process to make an application in your case?
If you are seeking to make an application in your case, it is important that you follow the below steps:
You must file the appropriate application form to initiate a request to QCAT.
Consider which request you wish to make and use the application form you require from the list below.
If you are in a domestic and family violence situation and you are concerned that your identity or address may be disclosed, please contact QCAT as soon as possible to discuss your concerns.
You must include the reasons for your request and any supporting documents when you make an application to QCAT in your matter.
For example, if you are seeking your hearing date to be rescheduled (an adjournment), due to ill health, you should include a medical certificate as evidence you are too unwell to attend the hearing.
You must make your request as early as possible.
By making your application as early as possible, this allows time for QCAT to seek views from the other parties, if required, and make a decision on the application.
For example, if you ask for a proceeding to be adjourned to another date QCAT will need time to find a new date, book a new hearing room and notify the parties of the change. If you lodge the adjournment request the day before the proceeding, this significantly impacts QCAT’s ability to reschedule the matter and may lead to costs orders being made against you.
Please consider this when making your application.
If you believe your request is urgent, time sensitive or relates to a proceeding in the next seven (7) days you must clearly state this when making the application and the reasons why it is urgent. This will assist QCAT to assess your application for urgency. Your request will then be progressed and will be considered based on the priority assessment of QCAT.
Filing your application request using the appropriate form via email is the fastest way to reach QCAT if your matter is urgent. When filing an application via email please clearly note the urgency in the email subject line and application also.
If you file an urgent application in hard copy or by post, please note that mail will usually take at least one week to arrive at QCAT after sending. Keep this in mind when you apply noting the urgency in the application or cover letter.
Before making an application in your matter, you must provide a copy of your application to all other parties in the proceeding. This allows the other parties to put their views forward to QCAT in response to your application if they wish. It also reduces the time QCAT is required to spend in confirming the application has been given to the other parties.
You must provide evidence to QCAT that you have given the other parties the application. For example, if you email the application to QCAT ensure you copy the other parties into the email.
If a party does or does not consent to the application, they should advise the party who made the application and QCAT in writing, so the decision maker can take their views into account before making a decision.
If your matter relates to certain matter types you do not need to give a copy of the application to the other parties in those cases. QCAT will provide the other parties with a copy. The matters include those made under the following laws here.
Seeking the prior consent of every party in a matter is always preferable when making requests to QCAT. By doing this it reduces the time QCAT will need to seek the views of the other parties to the application before making a decision.
If you have discussed the application with the other parties and they consent to the request, you have two options:
- make the application you require, attaching the other parties written consent with your application for QCAT to consider; or
- file an application for decision/order by consent which all parties sign to confirm they consent to the request you seek from QCAT
(see below for this application).
If the other parties in the case do not consent to an application, they can simply put their views in writing and send them to QCAT directly.
When you make an application, a QCAT decision-maker may not agree with your request even if all the parties consent to the request.
Never assume that your request has been approved because you have filed an application in your case. The QCAT decision-maker makes the final decision about your application and notifies the parties of this. If you fail to follow the directions of QCAT while waiting for a decision, QCAT can make orders against you due to non-compliance.
After you have filed your application, you are required to continue complying with any directions or instructions until a decision is made or unless otherwise ordered by the QCAT decision-maker.
For example, after requesting an adjournment, until you have been notified by QCAT that the hearing date has changed, your hearing will go ahead as originally planned. Please keep this in mind when you apply and be prepared you may not get the outcome you seek.
What are you applying about today to progress your case?
To make an application, select an option from the list below to complete the correct form:
