1. Before you apply to QCAT
QCAT can consider a request to extend the time limit in which you can make a claim against the OFT Claim Fund if your claim has been lodged outside the statutory time limits.
You should provide detailed information in your extension application to help QCAT make a decision, including:
- whether this application is made within the time mentioned in the notice given to you by the OFT under section 88(5)(b) of the Agents Financial Administration Act 2014, being within 14 days after being given the notice
- the reasons for not making the claim within the time allowed
- the claim application generally
- the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent; and
- the justice of the case generally
(For relevant information please view the Agents Financial Administration Act 2014 and Queensland Civil and Administrative Tribunal Act 2009)
Please also provide any supporting documentation or evidence with your extension application.
2. Complete and lodge this form
To make an application to extend the time limit to make a claim against the Claim Fund, 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 – (Credit card authorisation form for mail payments)
Form 42 - Application to extend or shorten a time limit or for waiver of compliance with procedural requirement
The purpose of this form is to ask QCAT for permission to make your application outside the 28 day or other statutory review timeframe.
3. How to lodge your application
When filing an extension application, 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.
4. Giving your application to the relevant authority
You are required to give a copy of your application and supporting material to the relevant government agency 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.
5. What happens next?
Find out what happens after you apply.