1. Before you apply to QCAT for a hearing
If you cannot resolve your dispute through mediation in step 2 of the three step process, you may apply to QCAT for a hearing to resolve the dispute.
Before you apply for a hearing, you must have participated in negotiation and mediation in Step 1 and Step 2 of the process respectively. If your dispute is exempt from the three step process as set out above, you can apply directly to QCAT for a hearing without participating in the three step process.
Before you apply, also ensure you have considered the information above about retirement village disputes, that you understand the QCAT process and that you have considered alternative options to resolve your dispute.
2. Complete and lodge this form
To make an application for a retirement village dispute hearing, 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 hearing (Step 3) – (Credit card authorisation form for mail payments)
You must pay the application fee for each step of the process.
No results were found
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 (link).
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 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. 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.