1. Before you apply to QCAT for an injunction
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 injunction.
An injunction 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 an injunction 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 interim order application option.
2. How to make a request for an injunction
To make an application for an injunction, you should write to QCAT setting out the names of the parties, the case number, details about the injunction you want, and the reasons why QCAT should grant the injunction.
There is no prescribed fee to make this application.
3. How to lodge your injunction request
When filing the injunction request, you are required to file your written request 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 injunction request to the other parties
You are required to give a copy of your injunction request 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.
5. What happens next?
After you have submitted your request for an injunction, 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.
You can learn more about the next steps in the process after you apply.