QLDIn ForceAct
Agents Financial Administration Act 2014
sec.105Deciding claims
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### sec.105 Deciding claims
QCAT may decide to allow a claim wholly or partly, or reject a claim.
However, QCAT may decide to allow the claim only if satisfied, on the balance of probabilities, that the person may make the claim under division 2 .
If QCAT decides to allow the claim, wholly or partly, QCAT must—
take into account—
any amount the claimant might reasonably have received or recovered if not for the claimant’s neglect or default; and
any amount ordered to be paid to the claimant as compensation under the Property Occupations Act 2014 , section 188 , 204 or 228 ; and
decide the amount of the claimant’s financial loss; and
name the person who is liable for the claimant’s financial loss.
(sec.105-ssec.1) QCAT may decide to allow a claim wholly or partly, or reject a claim.
(sec.105-ssec.2) However, QCAT may decide to allow the claim only if satisfied, on the balance of probabilities, that the person may make the claim under division 2 .
(sec.105-ssec.3) If QCAT decides to allow the claim, wholly or partly, QCAT must— take into account— any amount the claimant might reasonably have received or recovered if not for the claimant’s neglect or default; and any amount ordered to be paid to the claimant as compensation under the Property Occupations Act 2014 , section 188 , 204 or 228 ; and decide the amount of the claimant’s financial loss; and name the person who is liable for the claimant’s financial loss.
- (a) take into account— (i) any amount the claimant might reasonably have received or recovered if not for the claimant’s neglect or default; and (ii) any amount ordered to be paid to the claimant as compensation under the Property Occupations Act 2014 , section 188 , 204 or 228 ; and
- (i) any amount the claimant might reasonably have received or recovered if not for the claimant’s neglect or default; and
- (ii) any amount ordered to be paid to the claimant as compensation under the Property Occupations Act 2014 , section 188 , 204 or 228 ; and
- (b) decide the amount of the claimant’s financial loss; and
- (c) name the person who is liable for the claimant’s financial loss.
- (i) any amount the claimant might reasonably have received or recovered if not for the claimant’s neglect or default; and
- (ii) any amount ordered to be paid to the claimant as compensation under the Property Occupations Act 2014 , section 188 , 204 or 228 ; and