1. Before you make a referral or application
QCAT considers proceedings on referral from the Chief Executive, Department of Justice and Attorney-General, Office of Fair Trading (OFT) regarding evidence of professional misconduct.
QCAT also considers referrals from the Chief Executive, Department of Justice and Attorney-General, Office of Fair Trading (OFT) in relation to complex claims against the Claim Fund and marketeering proceedings.
Before you apply, you must provide the relevant information and details of orders sought from QCAT in the relevant forms below. You may also attach additional information for orders sought in an attachment and file and serve the attachment with this application. If the case relates to disciplinary action, you also need to file and serve an affidavit providing details of the grounds for taking disciplinary action.
2. Complete and lodge this form
To make an application or referral complete and lodge the appropriate form from the list below. Carefully read the form instructions, answer each question, and tick an appropriate box when prompted.
There is no prescribed fee for making an application or referral.
Form 35 - Referral of a matter (non disciplinary)
The purpose of this form is to refer a matter to QCAT.
Form 22 - Application or referral - disciplinary proceeding
The purpose of this form is to make application or refer a disciplinary proceeding to QCAT.
Form 33 - Application for marketeer proceeding - Property Occupations Act 2014
The purpose of this form is to apply to QCAT in relation to a marketeering proceeding.
3. How to lodge your application
When filing an application or referral, you are required to file the application and supporting material along with three copies (excluding online referrals) 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 or referral 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 records.
4. Giving your application to the parties
You are required to give a copy of your application or referral and supporting material to all parties named in the application or referral within seven days of receiving the application or referral or as otherwise directed by QCAT.
If the OFT has referred a claim to QCAT, a copy of the referral will be sent to each party by QCAT.
Visit this page for further information on service requirements.
To prove you have given your application to the other parties excluding complex claims, 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.
5. What happens next?
Find out what happens after you apply.