1. Before you apply to QCAT
Before you make an application for a motor vehicle dispute, you will need to ensure you have considered the above information, that the motor vehicle dispute falls within QCAT’s jurisdiction, and you understand the costs and other factors involved in making an application to QCAT.
The application form requires you to attach all of the documents you rely upon to support your application, including:
- the contract for the purchase of the vehicle
- any warranty notice relating to the motor vehicle
- any defect notice which has been given on the motor vehicle
- any correspondence between the parties or other documents such as invoices which are directly relevant to the dispute
- any photos you want to rely upon; and
- any report you have obtained by an expert relating to a vehicle
Ensure you have these documents before submitting your application.
Ensure that you name the correct party in your application, such as the manufacturer of the vehicle or the motor vehicle dealer who you bought the vehicle from. A common mistake applicants make is naming the incorrect party in their application form, leading to delays in the process.
When the dispute is against a company or a partnership, it is very important the full name and address of the company or partnership is detailed on the application form. This ensures that you take action against the correct party.
When the respondent is a company or business, you must attach an Australian Securities and Investment Commission (ASIC) search showing the company name and the address of the registered office of the respondent company. A search fee may be charged by ASIC for this information.
2. If your application is urgent
If you believe that your application is urgent and wish to have an order made before the final hearing, you can apply to QCAT for an ‘interim order’.
An interim order is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final decision of QCAT can be effective.
You must ensure you clearly set out in your application why an interim order should be granted with supporting evidence. The relevant interim order application form is attached below for you to use.
If you decide to make an interim order application, you must ensure a copy of the interim order application is provided to the other parties.
3. Complete and lodge this form
To make an application in relation to a motor vehicle dispute, 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 depending on the amount of your dispute claim – (Credit card authorisation form for mail payments)
Form 59 - Motor Vehicle Dispute
The purpose of this form is to apply to QCAT in relation to a motor vehicle dispute.
Form 41 - Application for interim order
The purpose of this form is to an make an application for interim order.
4. How to lodge your application
When filing an application for a motor vehicle dispute, you are required to file the application and supporting material along with three copies and extra copies as required 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.
5. Giving your application to the other parties
You are required to give a sealed copy of your application and supporting material to all 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.
6. What happens next?
Find out what happens after you apply.