[2010] QCAT 41
General information, not legal advice.
Queensland Civil and Administrative Tribunal
2010-02-09
Original judgment source is linked above.
The application of section 56AD(8) does have its difficulties but it very much depends on the factual circumstances giving rise to the applicant becoming an excluded individual. Furthermore the onus is on the applicant to satisfy the Tribunal that the steps taken, if any, were reasonable in the circumstances of the particular case. The test is an objective one.[7]
Mr Boor, in his letter[8] to the Tribunal objecting to the application states:
"I feel there would be a significant imbalance between myself and the QBSA if they were to be allowed Legal Representation......
The matter to be heard is not of a complex legal matter, only to decide whether I took all reasonable steps to avoid the relevant event. Therefore Legal Representation on behalf of the QBSA would complicate the hearing."
regime in which the Authority operates not only the Queensland Building Services Authority Act, but also associated legislation. This knowledge is of great assistance to the Tribunal when determining, not only applications for review of it's decisions, but also in contractual disputes between home owner and licensees. This also then results in the efficient conduct of hearings in which the Authority is involved. They are also experienced in conducting hearings in the Tribunal.
for legal representation will be refused. However, it is appropriate that the Authority, be given leave pursuant to Rule 53 for it to appear through one of it's own legal practitioners.
[3] 4 (2005) CCT Q200-04 as well as 170 Coastal Constructions Pty Ltd v Queensland Building Services Authority (2008) QCCTB 111
[6] Queensland Civil and Administrative Tribunal Rules
[7] Delonga v QBSA (2004) QCCTB 26
[8] Letter to Commercial and Consumer Tribunal 25 November 2009
CITATION: Boor
Queensland Building Services Authority