1. Before you apply to QCAT
You are required to apply to QCAT in step 2 and step 3 of the manufactured home park dispute process as follows:
- If you cannot resolve your dispute through negotiation in step 1, you may apply to QCAT to refer the dispute to mediation.
- If the dispute is not resolved at mediation as set out in step 2, you must apply again to QCAT for a hearing before a QCAT decision-maker about the dispute.
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 can apply to QCAT directly for a hearing without participating in the three step process as set out in the information above. You will follow the same application process below if your dispute is excluded from the 3 step resolution process.
2. Complete and lodge this form
You must pay the appropriate fee for requesting a QCAT mediation (Step 2)
You must pay the appropriate fee for requesting a QCAT hearing (Step 3)
(Credit card authorisation form for mail payments)
You must pay the application fee for step 2 and step 3 of the manufactured home park dispute process. If do not pay the required fee for each step your case may be delayed.
There is currently no form to make an application for a mediation or hearing in a manufactured home park dispute.
In line with Rule 10 of the Queensland Civil and Administrative Tribunal Rules 2009 if you want to make an application you should write to QCAT, ensuring you include:
- your name and contact details
- the name and contact details of any other party or legal or other relevant representative (see point 3 below if large number of parties)
- the type of application or referral you're making and the reasons for it
- relevant legislative references including the provision of the Manufactured Homes (Residential Parks) Act 2003 under which your application or referral is being made
- the decision you are seeking from QCAT
- if you are applying for mediation or hearing
- if your case is excluded from the 3 step dispute resolution process due to the type of dispute
You must then sign the letter when making the application.
3. Naming parties in manufactured homes park disputes
Naming multiple parties
When a manufactured home park dispute arises there may be a committee or multiple home owners (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 owners. The list of parties must not include shortened names or initials.
If a home owner or park owner is making a dispute application against multiple home owners, a list should be created with the first and last name included of each home owner the application is against.
If multiple home owners wish to bring an application together, a list should also be created with the first name, last name and signature included of each home owner who wishes to be a party to the application.
Elect a spokesperson
When there is a large number of applicants or respondents, home owners should elect a spokesperson/people to speak on their behalf. The home owner who is elected must be from within the same park.
Electing a spokesperson in a manufactured home park 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 park.
- 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 owners 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 (link).
4. How to lodge your application
When filing an application in relation to a manufactured home park dispute you are required to file the application and supporting material along with three copies in one of the following ways:
Queensland Civil and Administrative Tribunal
or at any local Magistrates Court
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. 30 respondents – Applicant must copy 30 applications).
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.
6. What happens next?
Find out what happens after you apply.