Application for interim orders after complaint referred to QCAT

1. Before you apply to QCAT for interim orders

When a discrimination complaint is referred to QCAT by the Queensland Human Rights Commission (Commission), if an interim order is not already in place at the time of referral, and a need for an urgent order to protect a complainant’s interests emerges prior to a final decision by QCAT, 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.

Before you apply you must ensure you follow the guidelines as set out below for making an interim application including providing reasons and supporting material as to why interim orders should be made by QCAT. QCAT will determine your application urgently once it is received.

Please note that you can only make this application when the discrimination complaint has been referred to QCAT and not when your complaint is with the Commission for conciliation. If your complaint is still before the Commission, please go back and select the previous application option.

2. Complete and lodge an injunction application

To make an application, complete and lodge the application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.

There is no prescribed fee to make this application.

Form 41 - Application for interim order

The purpose of this form is to an make an application for interim order.

PDF File (578.8 KB)

3. How to lodge your interim order application

When filing the application, you are required to file the application and supporting material along with three copies in one of the following ways:
In person

Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000

or at any local Magistrates Court 

Mail to

Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

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 interim order application to the other parties

You are required to give a copy of your interim application to the relevant parties named in the application within seven days of receiving the application or as otherwise directed by QCAT.

The following page provides further information on service requirements.

To prove you have given your application to the relevant parties, the applicant must complete the affidavit of service and provide a copy to QCAT. You do not need to provide a copy to each 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.

PDF File (520.4 KB)

5. What happens next?

After you have submitted your request for interim 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 referral of your discrimination complaint will follow the process outlined above. You can learn more about the next steps in the process after you apply.