Application process - building disputes

Application process in relation to a building dispute.

Before you make an application

Parties are required to participate in a dispute resolution process with the Queensland Building and Construction Commission (QBCC) before making a commercial or domestic building dispute application to QCAT.

A letter from the QBCC advising of the outcome of this process must be provided when commencing a QCAT application. Failure to participate in a QBCC dispute resolution process before filing an application for a building dispute may result in the dismissal of the application.

To make an application about a building dispute, please complete and lodge the appropriate form.

Commercial building dispute

Use Form 25 to make an application about a commercial building dispute:

Form 25 - Application for commercial building disputes (PDF, 452.1 KB)

Use this form to provide consent to the tribunal to deal with a commercial building dispute:

Consent notice major commercial building dispute (PDF, 180.1 KB)

Domestic building dispute

Use Form 26 to make an application about a domestic building dispute:

Form 26 - Application domestic building dispute (PDF, 437.2 KB)

Response or counter application

Use Form 36 to lodge a response or counter-application about an application made to QCAT:

Form 36 - Response and/or counter-application (PDF, 311.8 KB)

Request for a default decision

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.

An application may be filed if the respondent does not file a response to your application within 14 days of being served with the application. Decisions by default may be for liquidated or unllquidated damages.

Liquidated damages

Liquidated damages refer to specific agreements or sums of money. These applications require Form 37 and an affadavit.

Form 37 - Request for a decision by default in matters other than minor civil dispute (PDF, 297.5 KB)

Affidavit in support of a request for a decision by default (PDF, 303.1 KB)

Unliquidated damages

Unliquidated damages are damages for a sum of money determined by considering the applicant’s evidence.

Form 50 - Request for decision by default - unliquidated damages (PDF, 356.5 KB).

Defective or incomplete work

Use this form to outline details of defective or incomplete work in relation to a domestic and commercial building dispute.

Alleged defective work/incomplete work schedule (PDF, 226.3 KB) - must be lodged with Form 25 (PDF, 452.1 KB) or Form 26 (PDF, 437.2 KB).

What’s next?

Once your application and forms are received, QCAT will review the information you provided and contact you about next steps.

Guidelines for experts in building matters

In some building matters an expert witness will be required to give evidence.

Guidelines for experts in building matters (PDF, 118.2 KB) provides information on report requirements and preparation for, and conduct of, expert conclaves.