What happens after your final appeal hearing?

Queensland State Courts and Tribunals, including QCAT, are courts of record. Proceedings are usually recorded and a written transcript of the proceedings may be produced.

All proceedings are recorded in compliance with the Recording of Evidence Act 1962.

DJAG has moved to a new way of delivering recording and transcription services across Queensland Courts and Tribunals

For further information please refer to the recording and transcription page on the Queensland Courts website.

Sometimes you may not receive reasons with certain decisions. If a QCAT decision-maker has not provided reasons for their decision, you can request reasons for a decision via our online service.

To apply for reasons for the decision online please click here

You should apply for reasons for a decision within 14 days from when the decision takes effect. This is usually the date the decision is made (unless the decision says otherwise).

Please be aware that QCAT does not have to give reasons for some procedural directions or decisions in a case. This includes decisions to consolidate, separate or hear and decide proceedings together, and decisions to amend time limits or waive compliance with procedural requirements in a matter.

In proceedings all reasons for a decision are published unless orders are made for non-publication.

To learn more about why reasons for decision are published click here

At the end of an appeal proceeding, the QCAT Appeal Tribunal makes their final decision.

The decision may confirm the original decision and include an order for one or all parties to do something, or to stop acting in a particular way.

If the other party does not comply with any aspect of a QCAT order, you can seek to have the order enforced.

In Queensland, enforcement proceedings are decided in the courts and the type of order you wish to enforce, be it monetary or non-monetary, determines the court to which you apply.

To learn more about enforcement proceedings and the process you need to follow click here

The QCAT Appeal Tribunal can decide to award costs in appeal cases, if it is in the interests of justice to do so.

If you believe you should be awarded costs in your matter, you can apply to QCAT Appeal Tribunal to request costs be awarded in your favour before a proceeding ends or after the final decision has been made.

Learn more about the costs process and how to make an application for costs here.

A warrant of possession was issued in the original case which has expired, what happens now?

If a termination order and warrant of possession was issued in your original tenancy case, the QCAT Appeal Tribunal will reissue the warrant for execution by the Queensland Police Service if the appeal was not successful. You do not need to contact the police to organise a new time for execution of a warrant of possession. A new warrant of possession will be issued to all parties to original proceeding after the appeal is finalised.

A warrant of possession will set out the important dates and requirements for the Queensland Police Service to remove a tenant if they do not vacate the premises in the required timeframe. The warrant of possession authorises the police to enter the rented premises and, using reasonable force where necessary, make tenants vacate the premises.

While the warrant is in effect, the police may attend the property and give tenants a date by which you must vacate the premises, or they may require you to vacate the premises immediately. You will not be able to enter the premises after the warrant of possession has been executed as the locks will be changed. You may wish to contact your local police station for more information. A complete list of Queensland police stations is available at www.police.qld.gov.au/stations.

What happens if an appeal is successful and the original decision is changed or the case is referred back to the original decision-maker for further proceedings?

If the appeal application is successful and a new decision is substituted in place of the original decision, the parties must abide by the new appeal decision made.

If the QCAT Appeal Tribunal makes a decision to refer the matter back to the original-decision maker for reconsideration, the parties to appeal are not  required to take any steps until QCAT issues further directions. QCAT will issues directions providing instructions on the next steps if an appeal is referred back for reconsideration.

In limited circumstances, parties can appeal a QCAT Appeal Tribunal decision to the Court of Appeal (Supreme Court). When appealing a QCAT Appeal Tribunal decision, the appeal process and eligibility to appeal differ depending on the type of decision that has been made.

Before lodging an appeal, please check the relevant law to determine if you can appeal a decision, the appeal forum, time limits, what fees you must pay and the application process.

Learn more about appealing a decision to the Court of Appeal (Supreme Court) and the application process here.

If you notice a clear written mistake in a final decision, you can ask QCAT to consider making a correction to fix the mistake.

You can also ask QCAT to make amendments to a settlement agreement if all parties consent to the proposed amendment.

If you make either application, it is important that you seek the views of the other parties to the decision or agreement and you include clear reasons why the correction or amendment should be made.

You should not apply to correct a decision or amend a settlement agreement just because you are unhappy with the outcome.

You must complete FORM 43 - Application for reopening, correction, renewal or amendment.