1. Before you apply to QCAT
Before a retail shop lease dispute is mediated with the SBC or considered further by QCAT, if a situation emerges that requires urgent action QCAT can make an interim/injunction order.
An interim/injunction 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 QCAT decision can be effective.
Before you apply, you must ensure you clearly set out in your application why an interim/injuntion order should be granted with supporting evidence. The relevant application form is attached below for you to use.
If you decide to make an interim/injunction order application, you must ensure a copy of the application is provided to the other parties. QCAT will then determine your application urgently once it is received.
2. Complete and lodge this form
To make an application, 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 41 - Application for interim order
The purpose of this form is to an make an application for interim order.
3. How to lodge your application
When filing the interim 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 injunction application to the other parties
You are required to give a copy of your interim/injunction application to the relevant 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.
5. What happens next?
After you have submitted your request for interim/injunction orders, QCAT may urgently seek the views of the other parties.
QCAT will then consider the application and organise a hearing to determine the application or decide whether to grant your request based on the written material only.
Once a decision has been made by QCAT, the registry will email or post you a copy of the decision with the outcome.
The retail shop lease dispute will then follow the normal processes outlined above.
Find out what happens after you apply.