1. Before you apply to QCAT for a mediation
You must first attempt to resolve your dispute through negotiation (see Step 1 in the instructions above). If you cannot resolve your dispute through negotiation, you may apply to QCAT to refer the dispute to mediation.
Before you apply ensure you have considered the information above about manufactured home park disputes, that you understand the QCAT process and that you have considered alternative options to resolve your dispute.
Before you apply you should also consider if you are eligible to apply to QCAT directly for a hearing without participating in the three step process. Those circumstances are set out above under the heading ‘Can I apply directly to QCAT without participating in the three step process?' You will follow the same application process below if your dispute is excluded from the three step resolution process.
2. Complete and lodge an application
To make an application for a manufactured home park dispute mediation, complete and lodge the form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You must pay the appropriate fee for requesting a QCAT mediation (Step 2) – (Credit card authorisation form for mail payments)
You must pay the application fee for each step of the process.
To make an application for a manufactured home park mediation, complete and lodge the form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
Form 64A – Application for referral to mediation – Manufactured Homes (Residential Parks) Act 2003
Form to be completed relating to an application for referral to mediation - Manufactured Homes (Residential Parks) Act 2003).
3. Naming parties in retirement village disputes
Naming multiple parties
When a retirement village dispute arises there may be multiple residents (sometimes over 100) who wish to join as applicants to the dispute or who are named as respondents to the dispute.
When this occurs a list should be created which contains the details of the relevant residents. The list of parties must not include shortened names or initials.
If a resident or scheme operator is making a dispute application against multiple residents, a list should be created with the first and last name included of each resident the application is against.
If multiple residents wish to bring an application together, a list should also be created with the first name, last name and signature included of each resident who wishes to be a party to the application.
Elect a spokesperson
When there is a large number of applicants or respondents, residents should elect a spokesperson/people to speak on their behalf.
Electing a spokesperson in a retirement village dispute where there are many parties assists QCAT to manage the dispute for the following reasons:
- Correspondence from the registry can be sent to a central person/people within the retirement village
- Enquiries to the registry are made by the spokesperson rather than multiple parties
- Consistency and efficiency of information being provided is maintained as one central spokesperson/people receives case information
In circumstances where QCAT is uncertain of the names of the residents or spokesperson this will be clarified at the commencement of the hearing process and parties joined to the proceeding if required.
If parties seek to have a legal or other representative appointed to appear on their behalf, permission from QCAT must be requested by the parties via an application. You can learn more about appearance and representation here.
4. How to lodge your application
When filing an application in relation to a retirement village dispute you are required to file the application and supporting material along with two 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. stamp it 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.
5. 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.
If there are multiple parties you must give a copy of the application to each of the parties individually (e.g. if there are 30 respondents, then the applicant must copy 30 applications).
Visit this page for further information on how to give the respondent the application (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.
6. What happens next?
Find out what happens after you apply.