You can appeal a QCAT decision about the amount of costs awarded (cost amount) to you, to the Court of Appeal on a question of law only. That is, a question which must be answered by applying relevant legal principles, by an interpretation of the law. You cannot appeal because you think the decision is wrong, based on the facts.
The Court of Appeal will review your application and decide whether to grant permission for your appeal to be heard. If you are granted permission to appeal QCAT’s decision a new hearing will take place which will consider the original information and evidence presented. New information and evidence may only be presented if you make an application to the Court of Appeal and your request is approved.
Your appeal does not affect the operation of the original QCAT decision. However in some cases, QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the decision from being carried out until the appeal has been finalised.
In most cases an application to appeal against a QCAT decision to the Court of Appeal must be lodged within 28 days of you receiving the written reasons for the decision being appealed against. Some Acts limit the appeals process altogether.
Court of Appeal’s decision
The Court of Appeal may:
- confirm or amend the decision
- set aside the decision and substitute with its own decision, or
- set aside the decision and return the matter to QCAT to reconsider it.