1. Before you apply to the QCAT Appeal Tribunal
Adjudicators may be involved in resolving body corporate and community management disputes. If a party is dissatisfied with an order made by the adjudicator, they can apply to the QCAT Appeals Tribunal to appeal this order.
The appeal tribunal is only able to consider appeals of body corporate and community management decisions by an adjudicator, when:
- the appeal is started within 6 weeks after a copy of the order is received;
- the appeal relates to a question of law only; and
- the applicant in the appeal is an aggrieved person
You must also provide the full name and address of the community titles scheme and the community titles scheme number when you apply. You can do this by including a copy of a title search for the scheme with your application. You must also include a copy of the adjudicators decision which you seek to appeal.
Please note that when you file your appeal, the appeal tribunal will request a copy of the original file from the Office of the Commissioner for Body Corporate and Community Management, including the original application made, the adjudicator’s reasons and any other material in the adjudicator’s possession relevant to the order.
2. If you have not made your appeal within the time limit
If, due to circumstances outside your control, your application to appeal has not been made within the required period of 6 weeks as defined under the Act, you can ask the appeal tribunal for permission to extend the statutory time limit.
When you apply to appeal tribunal for the appeal, you must complete an application to extend the statutory time limit. You must also give a copy of the application to extend the appeal time limit along with the appeal application to the appeal tribunal and the other parties.
The application form is attached below.
3. If your appeal is urgent
If you believe that your appeal application is urgent and wish to have the original decision placed on hold you can apply to the appeal tribunal to ‘stay’ the decision. A stay order postpones the original decision until after the review decision has been made.
Depending on the type of decision, you must be prepared that QCAT may not grant a stay in the case.
You must ensure you clearly set out why a stay order should be granted with supporting evidence.
The relevant stay application form is attached below.
4. Complete and lodge this form
To make an application to appeal the decision of an adjudicator, complete and lodge the appropriate application form from the list below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
Form 39 - Application for leave to appeal or appeal
Form 42 - Application to extend or shorten a time limit or for waiver of compliance with procedural requirement
The purpose of this form is to ask QCAT for permission to make your application outside the 28 day or other statutory review timeframe.
Form 44 - Application to stay a decision
The purpose of this form is to ask QCAT to place the original or internally reviewed decision on hold until such time as the review has been conducted.
5. How to lodge your application
When filing an application to appeal the decision of an adjudicator you are required to file the application and supporting material along with three copies in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
Your application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you to give to the other party. You can also keep a copy for your personal records.
6. Giving your application to the other parties
You are required to give a copy of your application and supporting material to the relevant parties named in the application within seven days of receiving the application or as otherwise directed by QCAT.
Visit this page for further information on service requirements.
To prove you have given your application to the other parties, the applicant must complete the affidavit of service for each party and provide a copy to QCAT. You do not need to provide a copy to the other party.
Form 9 - Affidavit of service
The purpose of this form is to prove your application has been served on all other parties. This form must be witnessed by a Justice of the Peace.
7. What happens next?
Find out what happens after you apply.