1. Before you make an application for QBCC debt recovery
The Queensland Building and Construction Commission (QBCC) is entitled to recover a debt owing or claimed to be owing under section 71 of the Queensland Building and Construction Commission Act 1991 against a licensed contractor. QCAT considers applications for debt recovery filed by the QBCC.
Before you apply, you must provide particulars detailing the amount owing, orders sought and why. You may attach the additional information for orders sought in an attachment and file and serve the attachment with the application.
If the respondent does not file a response within 14 days after being served, QBCC may apply to QCAT for a decision by default to make the orders sought in the application. For further information on making an application for decision by default, the QBCC should consider the instruction contained on the debt recovery form attached below.
2. Complete and lodge this form to make application for debt recovery proceeding
To make an application, complete and lodge the form 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 for debt recovery proceeding.
Form 27 - Application for debt recovery proceeding – Queensland Building and Construction Commission Act 1991
3. How to lodge your application
When filing an 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. 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.
4. Giving your application to the relevant authority
You are required to give a copy of your application and supporting material to the other 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. If a response is not received by the respondent
If the respondent to the application does not file a response you may be eligible for a decision by default. A decision by default means QCAT will make a decision on your case from the paperwork received. You do not need to attend mediation or a hearing.
A decision by default application may be filed if the respondent does not file a response to an application for debt recovery within 14 days of being served with the debt recovery application.
Debt or liquidated demand of money
If the respondent does not file a response within 14 days of being served with the application for debt recovery the applicant can apply for a decision by default for a debt or liquidated demand of money. The meaning of ‘debt’ is self-explanatory. A liquidated demand of money generally means a fixed amount or an amount that may be ascertained by a calculation with reference to decided facts or data.
To apply for a decision by default – liquidated damages please complete the following:
Form 37 - Request for a decision by default in matters other than minor civil dispute
The purpose of this form is to request a decision by default in matters other than minor civil disputes.
Affidavit in support of a request for a decision by default
The purpose of this form is to complete an affidavit in support of a request for a decision by default. This form is used in conjunction with Form 37 Request for a decision by default in matters other than minor civil dispute
6. What happens next?
Find out what happens after you apply.