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Queensland regulation
**What these Rules do (mechanics first)
Set the procedural rules the Queensland Civil and Administrative Tribunal (QCAT) uses to manage matters: how cases start, how documents are filed and served, how hearings, mediations and conciliations are run, how decisions are given, and special procedures for certain statutes (for example, guardianship, anti‑discrimination, legal profession discipline). (See generally Parts 3–11 and specialist Parts 12–16.)
Create operational roles and delegations: the president, principal registrar and tribunal members have powers to make practice directions, accept or reject applications (and impose conditions), and manage lists and divisions (rules 5–6; rules 17–18). The principal registrar handles filing and central administration (many rules across Parts 3–11).
Prescribe how to start a proceeding: applications and referrals must be in an approved form or, if no approved form exists, must include set information such as names, contact details, reasons and the remedy sought (rules 7, 10, 11). Joint applicants, partnerships and business names have special rules about how proceedings are named and continued (rules 11–16).
Regulate filing and electronic practice: documents may be filed in person, by post, or electronically as the practice directions allow; affidavits and some original documents have particular filing and retention rules; approved third parties may prepare documents for bulk electronic filing of minor debt claims (rules 24–34, 97C–97F; rules 26–27 and 100A on approved entities and responsibility).
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Direct links to the current provisions in Queensland Civil and Administrative Tribunal Rules 2009.
These rules may be cited as the Queensland Civil and Administrative Tribunal Rules 2009 .
These rules commence on 1 December 2009.
The purpose of these rules is— to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties. Accordingly, these rules are— to provide for procedures that— are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and do not involve unnecessary and burdensome requirements; and to be applied by the tribunal with the objectives of— encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and recognising, and being responsive to, the diverse needs of persons who use the tribunal; and for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules. (sec.3-ssec.1) The purpose of these rules is— to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties. (sec.3-ssec.2) Accordingly, these rules are— to provide for procedures that— are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and do not involve unnecessary and burdensome requirements; and to be applied by the tribunal with the objectives of— encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and recognising, and being responsive to, the diverse needs of persons who use the tribunal; and for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
The dictionary in the schedule defines particular terms used in these rules.
The tribunal is to exercise its functions in divisions. For subrule (1) , the following divisions of the tribunal are established— the human rights division; the administrative and disciplinary division; the civil disputes division. The president may, by a practice direction, establish lists within each division of the tribunal. (sec.5-ssec.1) The tribunal is to exercise its functions in divisions. (sec.5-ssec.2) For subrule (1) , the following divisions of the tribunal are established— the human rights division; the administrative and disciplinary division; the civil disputes division. (sec.5-ssec.3) The president may, by a practice direction, establish lists within each division of the tribunal.
The president may make a practice direction about operational and procedural matters for the tribunal’s divisions or, if lists are established under rule 5 (3) , the lists within the tribunal’s divisions, including procedures for all or any of the following— entering matters on the divisions or lists; transferring matters between divisions or lists; nominating heads of the divisions or lists; allocating members to a division or list.
An application to the tribunal to deal with a matter must be made— in the approved form; or if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 . Under section 33 of the Act , the application must state the reasons for the application and be filed. The approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service. r 7 amd 2016 SL No. 19 s 9 (sec.7-ssec.1) An application to the tribunal to deal with a matter must be made— in the approved form; or if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 . Under section 33 of the Act , the application must state the reasons for the application and be filed. (sec.7-ssec.2) The approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service.
An application for a minor civil dispute that is a tenancy matter may be filed only in— the registry of the tribunal closest to the relevant residential or rental premises; or the registry of the tribunal in Brisbane. At the commencement of this rule, the registry was at 259 Queen Street, Brisbane.
The referral of a matter to the tribunal must be— made— in the approved form; or if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 ; and filed. When the referral is made, the applicant must— file a statement of address for service; and give a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act . r 9 amd 2016 SL No. 19 s 10 (sec.9-ssec.1) The referral of a matter to the tribunal must be— made— in the approved form; or if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 ; and filed. (sec.9-ssec.2) When the referral is made, the applicant must— file a statement of address for service; and give a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act .
This rule applies if there is no approved form for— an application to the tribunal to deal with a particular matter; or the referral to the tribunal of a particular matter. The application or referral must— be made in writing; and be signed by the applicant; and contain the following— the applicant’s name and contact details; See rule 11 (3) to (5) for applications or referrals made by joint applicants. if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ; if the applicant has a representative—the name and contact details of the representative; the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant; the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made; the tribunal decision or other remedy sought and the reasons for seeking it; and for an application for a minor debt claim—include a statement of— the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and how the amount is worked out and came to be owing; and subject to paragraph (f) , for an application for recovering a debt or liquidated demand of money from a person—include a statement telling the respondent— a response to the application must be made within the period applying to the application under rule 44 or 45 ; and that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and for an application claiming recovery of an amount consisting of, or including, unliquidated damages from a person—include a statement telling the respondent— a response to the application must be made within the period applying to the application under rule 44 or 45 ; and that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and contain, or be accompanied by, the applicant’s statement of address. Under section 33 of the Act , the application must state the reasons for the application and be filed. r 10 amd 2013 SL No. 292 s 4 (sec.10-ssec.1) This rule applies if there is no approved form for— an application to the tribunal to deal with a particular matter; or the referral to the tribunal of a particular matter. (sec.10-ssec.2) The application or referral must— be made in writing; and be signed by the applicant; and contain the following— the applicant’s name and contact details; See rule 11 (3) to (5) for applications or referrals made by joint applicants. if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ; if the applicant has a representative—the name and contact details of the representative; the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant; the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made; the tribunal decision or other remedy sought and the reasons for seeking it; and for an application for a minor debt claim—include a statement of— the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and how the amount is worked out and came to be owing; and subject to paragraph (f) , for an application for recovering a debt or liquidated demand of money from a person—include a statement telling the respondent— a response to the application must be made within the period applying to the application under rule 44 or 45 ; and that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and for an application claiming recovery of an amount consisting of, or including, unliquidated damages from a person—include a statement telling the respondent— a response to the application must be made within the period applying to the application under rule 44 or 45 ; and that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and contain, or be accompanied by, the applicant’s statement of address. Under section 33 of the Act , the application must state the reasons for the application and be filed.
Two or more individuals or other entities may make a joint application to the tribunal to deal with a matter arising out of the same or similar facts or circumstances. A joint referral of a matter arising out of the same or similar facts or circumstances may be made to the tribunal for 2 or more individuals or other entities. If the Act , an enabling Act or these rules require an application or referral to state the name or contact details of an applicant or an applicant’s representative (the relevant details ), a joint application or joint referral must contain the relevant details for each applicant. A joint application or joint referral must state the applicant to whom a document is to be given under the Act , an enabling Act or these rules, and a statement of address for service for only that applicant is required for the application or referral. A joint application or joint referral must state the name of the applicant who is to appear in the proceeding for the applicants. See also rule 56 . A joint application or joint referral must be signed by each applicant. (sec.11-ssec.1) Two or more individuals or other entities may make a joint application to the tribunal to deal with a matter arising out of the same or similar facts or circumstances. (sec.11-ssec.2) A joint referral of a matter arising out of the same or similar facts or circumstances may be made to the tribunal for 2 or more individuals or other entities. (sec.11-ssec.3) If the Act , an enabling Act or these rules require an application or referral to state the name or contact details of an applicant or an applicant’s representative (the relevant details ), a joint application or joint referral must contain the relevant details for each applicant. (sec.11-ssec.4) A joint application or joint referral must state the applicant to whom a document is to be given under the Act , an enabling Act or these rules, and a statement of address for service for only that applicant is required for the application or referral. (sec.11-ssec.5) A joint application or joint referral must state the name of the applicant who is to appear in the proceeding for the applicants. See also rule 56 . (sec.11-ssec.6) A joint application or joint referral must be signed by each applicant.
Two or more partners may start a proceeding in the partnership name. A proceeding against persons alleged to be partners may be brought against the alleged partnership in the partnership name. The partnership name used in a partnership proceeding must be the name of the partnership when the matter the subject of the proceeding arose. For a partnership registered under the Partnership Act 1891 , the name of the partnership when the matter the subject of the proceeding arose is the name in which the partnership was registered when the matter arose. Unless the tribunal orders otherwise, a partnership proceeding must continue in the partnership name and not in the name of the individual partners. (sec.12-ssec.1) Two or more partners may start a proceeding in the partnership name. (sec.12-ssec.2) A proceeding against persons alleged to be partners may be brought against the alleged partnership in the partnership name. (sec.12-ssec.3) The partnership name used in a partnership proceeding must be the name of the partnership when the matter the subject of the proceeding arose. (sec.12-ssec.4) For a partnership registered under the Partnership Act 1891 , the name of the partnership when the matter the subject of the proceeding arose is the name in which the partnership was registered when the matter arose. (sec.12-ssec.5) Unless the tribunal orders otherwise, a partnership proceeding must continue in the partnership name and not in the name of the individual partners.
At any stage of a partnership proceeding, a party may by written notice require the partnership to give the names and places of residence of the persons who were partners in the partnership when the matter the subject of the proceeding arose. The notice must state a time of not less than 2 business days after the notice is given to the partnership for compliance with the notice. If the partnership does not give the information as required by this rule, the tribunal may make an order it considers appropriate, including the following— an order staying the proceeding until the information is supplied; if the partnership is the applicant for the proceeding—an order dismissing or striking out the proceeding or a part of the proceeding; if the partnership is the respondent for the proceeding—an order striking out the partnership’s response to the application or referral for the proceeding. (sec.13-ssec.1) At any stage of a partnership proceeding, a party may by written notice require the partnership to give the names and places of residence of the persons who were partners in the partnership when the matter the subject of the proceeding arose. (sec.13-ssec.2) The notice must state a time of not less than 2 business days after the notice is given to the partnership for compliance with the notice. (sec.13-ssec.3) If the partnership does not give the information as required by this rule, the tribunal may make an order it considers appropriate, including the following— an order staying the proceeding until the information is supplied; if the partnership is the applicant for the proceeding—an order dismissing or striking out the proceeding or a part of the proceeding; if the partnership is the respondent for the proceeding—an order striking out the partnership’s response to the application or referral for the proceeding.
If a proceeding is brought against an entity in relation to a business carried on by the entity under a name that is registered on the Business Names Register, the proceeding may be started against the business name registered on the Business Names Register. r 14 sub 2012 SL No. 59 s 4
This rule applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and the name is not registered on the Business Names Register. The proceeding may be started against the person in the name under which the person carries on business. The name under which the business is carried on is sufficient designation of the person in a document filed in the proceeding. An order in the proceeding may be enforced against the person. See, however, rule 16 (4) . r 15 sub 2012 SL No. 59 s 5 (sec.15-ssec.1) This rule applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and the name is not registered on the Business Names Register. (sec.15-ssec.2) The proceeding may be started against the person in the name under which the person carries on business. (sec.15-ssec.3) The name under which the business is carried on is sufficient designation of the person in a document filed in the proceeding. (sec.15-ssec.4) An order in the proceeding may be enforced against the person. See, however, rule 16 (4) .
This rule applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and the name is not registered on the Business Names Register. The applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question. The applicant must also, as far as practicable, amend documents that have been, or are to be, filed in the proceeding so the proceeding is continued against a named respondent and not in the name under which the business was carried on. Until the amendments are made, the applicant must not take a step in the proceeding, other than in compliance with section 37 of the Act or this rule, unless the applicant has the tribunal’s leave. Section 37 of the Act requires an applicant for an application or referral to give a copy of the application or referral to particular persons, including each party to the proceeding. The applicant must give notice of the amendments to— each party to the proceeding; and each other person to whom the notice of the amendments must be given under an enabling Act; and any person the tribunal directs to be given the notice of amendments. r 16 amd 2012 SL No. 59 s 6 (sec.16-ssec.1) This rule applies if— a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and the name is not registered on the Business Names Register. (sec.16-ssec.2) The applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question. (sec.16-ssec.3) The applicant must also, as far as practicable, amend documents that have been, or are to be, filed in the proceeding so the proceeding is continued against a named respondent and not in the name under which the business was carried on. (sec.16-ssec.4) Until the amendments are made, the applicant must not take a step in the proceeding, other than in compliance with section 37 of the Act or this rule, unless the applicant has the tribunal’s leave. Section 37 of the Act requires an applicant for an application or referral to give a copy of the application or referral to particular persons, including each party to the proceeding. (sec.16-ssec.5) The applicant must give notice of the amendments to— each party to the proceeding; and each other person to whom the notice of the amendments must be given under an enabling Act; and any person the tribunal directs to be given the notice of amendments.
This rule applies if— under section 35 (2) of the Act , the principal registrar— rejects an application or referral; or accepts an application or referral on conditions; and under section 35 (4) of the Act , the applicant proposes to request the principal registrar to refer the decision to the tribunal for review. The request must be made within 14 days after the applicant is given notice of the ability to make the request under section 35 (4) (a) of the Act . (sec.17-ssec.1) This rule applies if— under section 35 (2) of the Act , the principal registrar— rejects an application or referral; or accepts an application or referral on conditions; and under section 35 (4) of the Act , the applicant proposes to request the principal registrar to refer the decision to the tribunal for review. (sec.17-ssec.2) The request must be made within 14 days after the applicant is given notice of the ability to make the request under section 35 (4) (a) of the Act .
For section 35 of the Act , the principal registrar may accept an application or referral on 1 or more of the following conditions— that a stated document required to be filed with the application or referral is filed within a stated time; that a document containing stated information required to be included in the application or referral is filed within a stated time; that an application or referral is amended to include stated information required to be included in the application or referral, and the amended application or referral is filed within a stated time. In this rule— required means required under the Act , an enabling Act or these rules. (sec.18-ssec.1) For section 35 of the Act , the principal registrar may accept an application or referral on 1 or more of the following conditions— that a stated document required to be filed with the application or referral is filed within a stated time; that a document containing stated information required to be included in the application or referral is filed within a stated time; that an application or referral is amended to include stated information required to be included in the application or referral, and the amended application or referral is filed within a stated time. (sec.18-ssec.2) In this rule— required means required under the Act , an enabling Act or these rules.
A copy of an application or referral given to an entity under section 37 (2) or (3) (a) of the Act must be given— if an enabling Act or another provision of these rules states the period within which the copy must be given—within the stated period; or otherwise— for an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or for another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act . Under section 61 of the Act , the tribunal may (on its own initiative or on application by a party) extend or shorten the period within which the copy must be given. In this rule— prescribed period , for giving a copy of an application or referral to an entity, means— if the copy is of an application for a minor debt claim—90 days; or if the copy is not of an application for a minor debt claim and, under an enabling Act or these rules, the copy must be given by delivering it personally to the entity—28 days; or otherwise—7 days. r 19 amd 2016 SL No. 19 s 11 (sec.19-ssec.1) A copy of an application or referral given to an entity under section 37 (2) or (3) (a) of the Act must be given— if an enabling Act or another provision of these rules states the period within which the copy must be given—within the stated period; or otherwise— for an application for an order under section 58 or 59 of the Act —as soon as practicable but at least 2 days before the application is to be heard; or for another application or a referral—as soon as practicable but no later than the prescribed period after the application or referral is accepted under section 35 of the Act . Under section 61 of the Act , the tribunal may (on its own initiative or on application by a party) extend or shorten the period within which the copy must be given. (sec.19-ssec.2) In this rule— prescribed period , for giving a copy of an application or referral to an entity, means— if the copy is of an application for a minor debt claim—90 days; or if the copy is not of an application for a minor debt claim and, under an enabling Act or these rules, the copy must be given by delivering it personally to the entity—28 days; or otherwise—7 days. r 19 amd 2016 SL No. 19 s 11
Subrule (2) applies if a proceeding is started for an application or referral made under any of the following— the Adoption Act 2009 ; the Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) ; the Child Protection Act 1999 ; the Education and Care Services Act 2013 ; the Education and Care Services National Law (Queensland); the Public Guardian Act 2014 , section 133 ; the Residential Tenancies and Rooming Accommodation Act 2008 ; the Working with Children (Risk Management and Screening) Act 2000 . The principal registrar must, within the period stated in rule 19 , give a copy of the application or referral to each relevant entity. Under section 37 (3) (a) of the Act , the applicant is not required to give a copy of the application or referral to a person if the principal registrar has given the copy to the person. In this rule— relevant entity , for an application or referral, means each entity to whom a copy of the application or referral must be given under section 37 of the Act . r 20 amd 2011 SL No. 278 s 20 ; 2013 SL No. 265 s 81 sch 5 pt 2 ; 2014 SL No. 127 s 6 ; 2016 SL No. 19 s 12 (sec.20-ssec.1) Subrule (2) applies if a proceeding is started for an application or referral made under any of the following— the Adoption Act 2009 ; the Anti-Discrimination Act 1991 , section 155 (4) , 164A (3) (a) , 166 (1) or 167 (4) (b) or (5) ; the Child Protection Act 1999 ; the Education and Care Services Act 2013 ; the Education and Care Services National Law (Queensland); the Public Guardian Act 2014 , section 133 ; the Residential Tenancies and Rooming Accommodation Act 2008 ; the Working with Children (Risk Management and Screening) Act 2000 . (sec.20-ssec.2) The principal registrar must, within the period stated in rule 19 , give a copy of the application or referral to each relevant entity. Under section 37 (3) (a) of the Act , the applicant is not required to give a copy of the application or referral to a person if the principal registrar has given the copy to the person. (sec.20-ssec.3) In this rule— relevant entity , for an application or referral, means each entity to whom a copy of the application or referral must be given under section 37 of the Act .
This rule applies if a proceeding is started for an application or referral in relation to a child protection matter. The principal registrar must, as soon as practicable after the principal registrar accepts the application or referral, give a copy of the application or referral to the public guardian. The principal registrar is not required to give a copy of the application or referral to the public guardian if the public guardian is the applicant for the application or referral. The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to the public guardian. In this section— child protection matter means a child protection matter within the meaning of the Public Guardian Act 2014 . public guardian means the person appointed as the public guardian under the Public Guardian Act 2014 , section 94 . r 20A ins 2014 SL No. 127 s 7 (sec.20A-ssec.1) This rule applies if a proceeding is started for an application or referral in relation to a child protection matter. (sec.20A-ssec.2) The principal registrar must, as soon as practicable after the principal registrar accepts the application or referral, give a copy of the application or referral to the public guardian. (sec.20A-ssec.3) The principal registrar is not required to give a copy of the application or referral to the public guardian if the public guardian is the applicant for the application or referral. (sec.20A-ssec.4) The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to the public guardian. (sec.20A-ssec.5) In this section— child protection matter means a child protection matter within the meaning of the Public Guardian Act 2014 . public guardian means the person appointed as the public guardian under the Public Guardian Act 2014 , section 94 .
This rule applies if a proceeding is started for an application or referral made under— the Disability Services Act 2006 , section 178 (9) ; or the Guardianship and Administration Act 2000 . The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to an entity mentioned in the section. The principal registrar must, within the period stated in rule 19 — give a copy of the application or referral to the relevant adult, unless subrule (4) applies; and give written notice of the application or referral to each of the following, unless the tribunal orders otherwise— the members of the relevant adult’s family; any primary carer of the relevant adult; all current guardians and administrators for the relevant adult; all attorneys for the relevant adult; for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B — the chief executive of the department in which the Disability Services Act 2006 is administered; and a relevant service provider providing disability services to the relevant adult; and if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act; anyone else the tribunal considers should be notified of the proceeding. The principal registrar is not required to give a copy of the application or referral to the relevant adult if— the tribunal considers that notifying the adult of the proceeding might be prejudicial to the physical or mental health or wellbeing of the adult; or the tribunal considers the adult may evade the hearing of the proceeding; or the adult is— temporarily or permanently unconscious; or unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts. A notice given under subrule (3) (b) must state how the person to whom it is given may request further information about the application or referral from the tribunal. If this rule uses a term that is used in the Guardianship and Administration Act 2000 , the term has the same meaning in this rule as it has in that Act unless a contrary intention appears. In this rule— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction. relevant adult means the adult concerned in the application or referral (whether or not the adult is an adult with impaired capacity). relevant service provider see the Guardianship and Administration Act 2000 , section 80U . r 21 amd 2011 Act No. 13 s 263 ; 2014 SL No. 127 s 8 ; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74 ); 2016 SL No. 19 s 13 ; 2017 SL No. 16 s 5 sch 2 (sec.21-ssec.1) This rule applies if a proceeding is started for an application or referral made under— the Disability Services Act 2006 , section 178 (9) ; or the Guardianship and Administration Act 2000 . (sec.21-ssec.2) The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to an entity mentioned in the section. (sec.21-ssec.3) The principal registrar must, within the period stated in rule 19 — give a copy of the application or referral to the relevant adult, unless subrule (4) applies; and give written notice of the application or referral to each of the following, unless the tribunal orders otherwise— the members of the relevant adult’s family; any primary carer of the relevant adult; all current guardians and administrators for the relevant adult; all attorneys for the relevant adult; for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B — the chief executive of the department in which the Disability Services Act 2006 is administered; and a relevant service provider providing disability services to the relevant adult; and if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act; anyone else the tribunal considers should be notified of the proceeding. (sec.21-ssec.4) The principal registrar is not required to give a copy of the application or referral to the relevant adult if— the tribunal considers that notifying the adult of the proceeding might be prejudicial to the physical or mental health or wellbeing of the adult; or the tribunal considers the adult may evade the hearing of the proceeding; or the adult is— temporarily or permanently unconscious; or unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts. (sec.21-ssec.5) A notice given under subrule (3) (b) must state how the person to whom it is given may request further information about the application or referral from the tribunal. (sec.21-ssec.6) If this rule uses a term that is used in the Guardianship and Administration Act 2000 , the term has the same meaning in this rule as it has in that Act unless a contrary intention appears. (sec.21-ssec.7) In this rule— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction. relevant adult means the adult concerned in the application or referral (whether or not the adult is an adult with impaired capacity). relevant service provider see the Guardianship and Administration Act 2000 , section 80U .
If a proceeding is started by the referral of a matter under an enabling Act by a person ( referring person ) other than the applicant for the proceeding, the applicant is exempt from the requirement under section 37 (2) of the Act to give a copy of the referral to the referring person. Subrule (1) applies even if the referring person is a party to the proceeding. (sec.22-ssec.1) If a proceeding is started by the referral of a matter under an enabling Act by a person ( referring person ) other than the applicant for the proceeding, the applicant is exempt from the requirement under section 37 (2) of the Act to give a copy of the referral to the referring person. (sec.22-ssec.2) Subrule (1) applies even if the referring person is a party to the proceeding.
An applicant for a proceeding for an application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to a person if giving the copy to the person would contravene an order of a court or tribunal restricting contact between the applicant and person. If, under subrule (1) , an applicant for a proceeding for an application or referral is not required to give a copy of the application or referral to a person, the principal registrar must give a copy of the application or referral to the person. (sec.23-ssec.1) An applicant for a proceeding for an application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to a person if giving the copy to the person would contravene an order of a court or tribunal restricting contact between the applicant and person. (sec.23-ssec.2) If, under subrule (1) , an applicant for a proceeding for an application or referral is not required to give a copy of the application or referral to a person, the principal registrar must give a copy of the application or referral to the person.
An application, referral or other document in a proceeding may be filed— in person; or by post; or electronically, in the way prescribed by a practice direction. However, this rule does not apply to filing an affidavit under rule 25 (2) . In this section— electronically includes by email. r 24 sub 2016 SL No. 19 s 14 amd 2022 SL No. 155 s 7 (sec.24-ssec.1) An application, referral or other document in a proceeding may be filed— in person; or by post; or electronically, in the way prescribed by a practice direction. (sec.24-ssec.2) However, this rule does not apply to filing an affidavit under rule 25 (2) . (sec.24-ssec.3) In this section— electronically includes by email.
Unless the tribunal orders otherwise, an affidavit may be used in a proceeding only if it has been filed under this rule. See also part 10A . An affidavit may be filed— in person; or by post; or electronically, by sending the affidavit to the registry in the way prescribed by a practice direction. An affidavit may be filed electronically only if the affidavit is in an electronic file format prescribed by a practice direction. pdf, jpg, html For an affidavit made in the form of a physical document, the affidavit may be filed electronically only as an imaged document of the physical document. If an affidavit is made using counterparts under the Oaths Act 1867 , all of the counterparts must be filed at the same time. r 25 prev r 25 om 2016 SL No. 19 s 15 pres r 25 ins 2022 SL No. 155 s 8 (sec.25-ssec.1) Unless the tribunal orders otherwise, an affidavit may be used in a proceeding only if it has been filed under this rule. See also part 10A . (sec.25-ssec.2) An affidavit may be filed— in person; or by post; or electronically, by sending the affidavit to the registry in the way prescribed by a practice direction. (sec.25-ssec.3) An affidavit may be filed electronically only if the affidavit is in an electronic file format prescribed by a practice direction. pdf, jpg, html (sec.25-ssec.4) For an affidavit made in the form of a physical document, the affidavit may be filed electronically only as an imaged document of the physical document. (sec.25-ssec.5) If an affidavit is made using counterparts under the Oaths Act 1867 , all of the counterparts must be filed at the same time.
Subject to part 10A , an application or other document in a proceeding for a minor debt claim may also be electronically filed in a particular office of the registry ( registry office ) if— the document is— prepared by an approved entity; and sent by electronic or computer-based means by a service provider for filing; and a practice direction prescribes the document as a document that may be electronically filed; and a practice direction prescribes the registry office as a registry office at which documents may be electronically filed. r 26 amd 2016 SL No. 19 s 16 ; 2022 SL No. 155 s 9
An approved entity that prepares a document that is electronically filed under rule 26 remains responsible for the document. However, the service provider who sends the document to the registry is responsible for payment of any fee prescribed for filing the document. r 27 amd 2016 SL No. 19 s 17 ; 2022 SL No. 155 s 10 (sec.27-ssec.1) An approved entity that prepares a document that is electronically filed under rule 26 remains responsible for the document. (sec.27-ssec.2) However, the service provider who sends the document to the registry is responsible for payment of any fee prescribed for filing the document.
This rule applies to a document filed electronically under rule 24 (1) (c) or 26 . However, this rule does not apply to an affidavit filed electronically under rule 25 (2) (c) . The document is taken to be signed by a person if the person’s name is written at a place on the document indicated to be a place where the document may or must be signed. r 27A ins 2016 SL No. 19 s 18 amd 2022 SL No. 155 s 11 (sec.27A-ssec.1) This rule applies to a document filed electronically under rule 24 (1) (c) or 26 . (sec.27A-ssec.2) However, this rule does not apply to an affidavit filed electronically under rule 25 (2) (c) . (sec.27A-ssec.3) The document is taken to be signed by a person if the person’s name is written at a place on the document indicated to be a place where the document may or must be signed.
This rule applies to a proceeding under any of the following— the Adoption Act 2009 ; the Child Protection Act 1999 ; the Disability Services Act 2006 , section 178 (9) ; the Education and Care Services Act 2013 ; the Education and Care Services National Law (Queensland); the Guardianship and Administration Act 2000 ; the Public Guardian Act 2014 , section 133 ; the Working with Children (Risk Management and Screening) Act 2000 . A person required to file a document, other than an affidavit, under the Act , an enabling Act or these rules in the proceeding is required to file only the original document. r 28 amd 2011 SL No. 278 s 21 ; 2013 SL No. 265 s 81 sch 5 pt 2 ; 2014 SL No. 127 s 9 ; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74 ); 2016 SL No. 19 s 19 ; 2022 SL No. 155 s 12 (sec.28-ssec.1) This rule applies to a proceeding under any of the following— the Adoption Act 2009 ; the Child Protection Act 1999 ; the Disability Services Act 2006 , section 178 (9) ; the Education and Care Services Act 2013 ; the Education and Care Services National Law (Queensland); the Guardianship and Administration Act 2000 ; the Public Guardian Act 2014 , section 133 ; the Working with Children (Risk Management and Screening) Act 2000 . (sec.28-ssec.2) A person required to file a document, other than an affidavit, under the Act , an enabling Act or these rules in the proceeding is required to file only the original document.
This rule does not apply to filing a document— electronically under rule 24 (1) (c) or 26 ; or in a proceeding to which rule 28 applies. A person required to file a document under the Act , an enabling Act or these rules in a proceeding must file— the original document; and the number of copies of the document stated in subrule (3) . For subrule (2) , the number of copies to be filed is— for a proceeding for a minor civil dispute—2 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules; or for another proceeding—3 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules. r 29 amd 2016 SL No. 19 s 20 ; 2022 SL No. 155 s 13 (sec.29-ssec.1) This rule does not apply to filing a document— electronically under rule 24 (1) (c) or 26 ; or in a proceeding to which rule 28 applies. (sec.29-ssec.2) A person required to file a document under the Act , an enabling Act or these rules in a proceeding must file— the original document; and the number of copies of the document stated in subrule (3) . (sec.29-ssec.3) For subrule (2) , the number of copies to be filed is— for a proceeding for a minor civil dispute—2 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules; or for another proceeding—3 plus an extra copy for each person who the person knows, or ought reasonably to know, is to be given a copy of the document under the Act , an enabling Act or these rules. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules. r 29 amd 2016 SL No. 19 s 20 ; 2022 SL No. 155 s 13
If a person files a document by post, the person must ensure the document is accompanied by a stamped envelope addressed to the person or the person’s representative. This rule does not apply in relation to filing a document in a proceeding to which rule 28 applies. (sec.30-ssec.1) If a person files a document by post, the person must ensure the document is accompanied by a stamped envelope addressed to the person or the person’s representative. (sec.30-ssec.2) This rule does not apply in relation to filing a document in a proceeding to which rule 28 applies.
A document is filed when the principal registrar records the document and stamps the tribunal’s seal on it. After filing a document, the principal registrar must stamp the tribunal’s seal on each copy of the document that accompanied it. If a document is filed electronically under rule 24 (1) (c) or in a proceeding other than for a proceeding to which rule 28 applies, the principal registrar must send a stamped copy of the document to— if the entity who filed the document has an electronic service address that is working—the electronic service address for the entity; or otherwise—the service address for the entity. A paper copy of an electronic document sent to an entity under subrule (3) is taken for all purposes, including service, to be— a copy of the document in the record for the proceeding; and issued by the tribunal; and stamped with the tribunal’s seal. If a document is filed by post in a proceeding for a minor civil dispute and 1 or more copies accompany the document, the principal registrar must send each copy that is stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 . If a document is filed by post in a proceeding other than for a minor civil dispute and 2 or more copies accompany the document, the principal registrar must send all but 1 of the copies stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 . In this rule— stamp , for a document that is electronically filed, includes electronically stamp. r 31 amd 2016 SL No. 19 s 21 ; 2022 SL No. 155 s 14 (sec.31-ssec.1) A document is filed when the principal registrar records the document and stamps the tribunal’s seal on it. (sec.31-ssec.2) After filing a document, the principal registrar must stamp the tribunal’s seal on each copy of the document that accompanied it. (sec.31-ssec.3) If a document is filed electronically under rule 24 (1) (c) or in a proceeding other than for a proceeding to which rule 28 applies, the principal registrar must send a stamped copy of the document to— if the entity who filed the document has an electronic service address that is working—the electronic service address for the entity; or otherwise—the service address for the entity. (sec.31-ssec.4) A paper copy of an electronic document sent to an entity under subrule (3) is taken for all purposes, including service, to be— a copy of the document in the record for the proceeding; and issued by the tribunal; and stamped with the tribunal’s seal. (sec.31-ssec.5) If a document is filed by post in a proceeding for a minor civil dispute and 1 or more copies accompany the document, the principal registrar must send each copy that is stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 . (sec.31-ssec.6) If a document is filed by post in a proceeding other than for a minor civil dispute and 2 or more copies accompany the document, the principal registrar must send all but 1 of the copies stamped under subrule (2) to the entity filing the document in the envelope accompanying the document under rule 30 . (sec.31-ssec.7) In this rule— stamp , for a document that is electronically filed, includes electronically stamp.
The principal registrar may refuse to file a document if it does not comply with these rules or can not otherwise be filed. If the principal registrar refuses to file a document a person filed by post, the principal registrar must return the document to the person in the envelope accompanying the document under rule 30 . If the principal registrar refuses to file a document filed electronically under rule 24 (1) (c) or 26 , the principal registrar must advise the entity who filed the document that the principal registrar has refused to file the document. r 32 amd 2016 SL No. 19 s 22 ; 2022 SL No. 155 s 15 (sec.32-ssec.1) The principal registrar may refuse to file a document if it does not comply with these rules or can not otherwise be filed. (sec.32-ssec.2) If the principal registrar refuses to file a document a person filed by post, the principal registrar must return the document to the person in the envelope accompanying the document under rule 30 . (sec.32-ssec.3) If the principal registrar refuses to file a document filed electronically under rule 24 (1) (c) or 26 , the principal registrar must advise the entity who filed the document that the principal registrar has refused to file the document.
After a document prepared by an approved entity is electronically filed by a service provider in a proceeding for a minor debt claim, the service provider must send the approved entity a copy of the document by electronic or computer-based means. The copy of the document must include— an image of the tribunal’s seal; and the tribunal file number for the relevant proceeding. A paper copy of the document sent to the approved entity is taken for all purposes, including service, to be a copy of the document in the record for the proceeding and issued by the tribunal and stamped with the tribunal’s seal. r 33 amd 2016 SL No. 19 s 23 (sec.33-ssec.1) After a document prepared by an approved entity is electronically filed by a service provider in a proceeding for a minor debt claim, the service provider must send the approved entity a copy of the document by electronic or computer-based means. (sec.33-ssec.2) The copy of the document must include— an image of the tribunal’s seal; and the tribunal file number for the relevant proceeding. (sec.33-ssec.3) A paper copy of the document sent to the approved entity is taken for all purposes, including service, to be a copy of the document in the record for the proceeding and issued by the tribunal and stamped with the tribunal’s seal.
A document that is electronically filed under rule 24 (1) (c) or 26 — must be retained in electronic form by the registry; and is taken for all purposes to be a document in a record for the proceeding. If, under section 230 of the Act , a person asks to inspect a document that was electronically filed, the principal registrar may decide whether the document is to be inspected in electronic or paper form. r 34 amd 2022 SL No. 155 s 16 (sec.34-ssec.1) A document that is electronically filed under rule 24 (1) (c) or 26 — must be retained in electronic form by the registry; and is taken for all purposes to be a document in a record for the proceeding. (sec.34-ssec.2) If, under section 230 of the Act , a person asks to inspect a document that was electronically filed, the principal registrar may decide whether the document is to be inspected in electronic or paper form.
This rule applies if— the Act , an enabling Act, a practice direction or these rules require a party to a proceeding to file a document; and these rules do not otherwise provide for a copy of the document to be given to each party to the proceeding or another person mentioned in subrule (3) . However, this rule does not apply in relation to a proceeding to which rule 28 applies. The party must, at or about the same time the document is filed, give a copy of the document to— each party to the proceeding; and each other person to whom a copy of the document is required to be given under an enabling Act; and any other person the tribunal directs to be given a copy of the document. (sec.35-ssec.1) This rule applies if— the Act , an enabling Act, a practice direction or these rules require a party to a proceeding to file a document; and these rules do not otherwise provide for a copy of the document to be given to each party to the proceeding or another person mentioned in subrule (3) . (sec.35-ssec.2) However, this rule does not apply in relation to a proceeding to which rule 28 applies. (sec.35-ssec.3) The party must, at or about the same time the document is filed, give a copy of the document to— each party to the proceeding; and each other person to whom a copy of the document is required to be given under an enabling Act; and any other person the tribunal directs to be given a copy of the document.
A party to a proceeding for an application or referral, other than the applicant or a party who has responded to the application or referral, must— file a statement of address for service; and give a copy of the statement to— each party to the proceeding; and each other person to whom a copy of the statement is required to be given under an enabling Act; and any person the tribunal directs to be given a copy of the statement. Subrule (1) does not apply to a respondent if the application or referral includes the respondent’s correct contact details. If an application or referral includes the contact details of a respondent and the respondent does not file a statement of address for service (whether as part of a response or under subrule (1) ), the part of the application or referral containing the respondent’s contact details is taken to be the respondent’s statement of address for service. This rule does not apply to a party to a proceeding under— the Disability Services Act 2006 , section 178 (9) ; or the Guardianship and Administration Act 2000 . r 36 amd 2014 SL No. 127 s 10 ; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74 ) (sec.36-ssec.1) A party to a proceeding for an application or referral, other than the applicant or a party who has responded to the application or referral, must— file a statement of address for service; and give a copy of the statement to— each party to the proceeding; and each other person to whom a copy of the statement is required to be given under an enabling Act; and any person the tribunal directs to be given a copy of the statement. (sec.36-ssec.2) Subrule (1) does not apply to a respondent if the application or referral includes the respondent’s correct contact details. (sec.36-ssec.3) If an application or referral includes the contact details of a respondent and the respondent does not file a statement of address for service (whether as part of a response or under subrule (1) ), the part of the application or referral containing the respondent’s contact details is taken to be the respondent’s statement of address for service. (sec.36-ssec.4) This rule does not apply to a party to a proceeding under— the Disability Services Act 2006 , section 178 (9) ; or the Guardianship and Administration Act 2000 .
If a party to a proceeding wishes to change all or a part of the party’s statement of address for service, the party must notify the following persons of the change— the principal registrar; for an applicant—each person to whom the applicant’s application or referral was given under section 37 of the Act ; for a respondent who files a response—each person to whom the response was given under part 6 , division 1 ; for a party other than the applicant—each person to whom the party’s statement of address for service was given under rule 36 ; any other person the tribunal directs to be given notice of the change.
r 38 om 2022 SL No. 155 s 17
Unless an enabling Act provides otherwise, a document required to be given to an entity in a proceeding may be given to the entity in 1 of the following ways— by delivering it personally to the entity in the way provided in the service practice direction; by sending it by post to the relevant address; if the entity has an address for service that includes a fax number—by sending it to the entity at that number; if the entity has an address for service that includes an email address—by sending it to the entity at that address; if the entity has an address for service that includes a non-fax or email electronic address—by sending it to the entity at that address; by leaving it with someone who— is at the relevant address; and is apparently an adult and apparently residing or employed there; in another way provided for in the service practice direction; in any other way directed by the tribunal. In this rule— relevant address , for giving a document to an entity, means— the service address in the entity’s address for service; or if the entity does not have an address for service— for posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or for leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service. the entity’s usual or last known residential or business address the address of the entity’s representative or associate r 39 amd 2022 SL No. 155 s 18 (sec.39-ssec.1) Unless an enabling Act provides otherwise, a document required to be given to an entity in a proceeding may be given to the entity in 1 of the following ways— by delivering it personally to the entity in the way provided in the service practice direction; by sending it by post to the relevant address; if the entity has an address for service that includes a fax number—by sending it to the entity at that number; if the entity has an address for service that includes an email address—by sending it to the entity at that address; if the entity has an address for service that includes a non-fax or email electronic address—by sending it to the entity at that address; by leaving it with someone who— is at the relevant address; and is apparently an adult and apparently residing or employed there; in another way provided for in the service practice direction; in any other way directed by the tribunal. (sec.39-ssec.2) In this rule— relevant address , for giving a document to an entity, means— the service address in the entity’s address for service; or if the entity does not have an address for service— for posting the document to the entity—the address provided for in the service practice direction to which documents may be posted to the entity if the entity does not have an address for service; or for leaving a document with someone—the address provided for in the service practice direction at which documents may be left with someone for the purpose of giving the documents to the entity if the entity does not have an address for service. the entity’s usual or last known residential or business address the address of the entity’s representative or associate
If, for any reason, it is impracticable to give a document in a way provided under an enabling Act or these rules, the tribunal may make an order substituting another way of giving the document. The tribunal may, in the order, state the steps to be taken for bringing the document to the attention of the entity to be given the document. The tribunal may, in the order, state that the document is to be taken to have been given on the happening of a stated event or at the end of a stated time. The tribunal may make an order under this rule even though the entity to be given the document is not in Queensland or was not in Queensland when the proceeding started. (sec.40-ssec.1) If, for any reason, it is impracticable to give a document in a way provided under an enabling Act or these rules, the tribunal may make an order substituting another way of giving the document. (sec.40-ssec.2) The tribunal may, in the order, state the steps to be taken for bringing the document to the attention of the entity to be given the document. (sec.40-ssec.3) The tribunal may, in the order, state that the document is to be taken to have been given on the happening of a stated event or at the end of a stated time. (sec.40-ssec.4) The tribunal may make an order under this rule even though the entity to be given the document is not in Queensland or was not in Queensland when the proceeding started.
This rule applies if— for any reason, a document is not given in a way provided in an enabling Act or these rules but the document or a copy of it came into the possession of the entity who was to be given the document; and the tribunal is satisfied on evidence before it that the document came into the entity’s possession on or before a particular day. The tribunal may, by order, decide that, for the Act , an enabling Act and these rules, the entity is taken to have been given the document on the day it came into the entity’s possession or a later day stated in the order. (sec.41-ssec.1) This rule applies if— for any reason, a document is not given in a way provided in an enabling Act or these rules but the document or a copy of it came into the possession of the entity who was to be given the document; and the tribunal is satisfied on evidence before it that the document came into the entity’s possession on or before a particular day. (sec.41-ssec.2) The tribunal may, by order, decide that, for the Act , an enabling Act and these rules, the entity is taken to have been given the document on the day it came into the entity’s possession or a later day stated in the order.
This rule applies if proof of the giving of a document required to be given under the Act , an enabling Act or these rules is required— under a provision of the Act , an enabling Act or these rules; or by the tribunal. section 50 (5) of the Act The proof must be given by affidavit. If the affidavit is about giving a document by personal delivery, the affidavit must— be made by the person who personally delivered the document; and include the following— the person’s full name; the time, day and date the document was personally delivered; the place where the document was personally delivered; the name of the person to whom the document was personally delivered and how the person was identified. If the affidavit is about giving a document other than by personal delivery, the affidavit— must state the relevant dates and the facts showing the document has been given; and may be made on information given to, or the belief of, the person giving the document; and if made on information given to the person giving the document—must state the source of the information. Also, the affidavit must— have the document filed with it as an exhibit or be written on the document; or if the document has been filed—mention the document in a way sufficient to enable the document to be identified. (sec.42-ssec.1) This rule applies if proof of the giving of a document required to be given under the Act , an enabling Act or these rules is required— under a provision of the Act , an enabling Act or these rules; or by the tribunal. section 50 (5) of the Act (sec.42-ssec.2) The proof must be given by affidavit. (sec.42-ssec.3) If the affidavit is about giving a document by personal delivery, the affidavit must— be made by the person who personally delivered the document; and include the following— the person’s full name; the time, day and date the document was personally delivered; the place where the document was personally delivered; the name of the person to whom the document was personally delivered and how the person was identified. (sec.42-ssec.4) If the affidavit is about giving a document other than by personal delivery, the affidavit— must state the relevant dates and the facts showing the document has been given; and may be made on information given to, or the belief of, the person giving the document; and if made on information given to the person giving the document—must state the source of the information. (sec.42-ssec.5) Also, the affidavit must— have the document filed with it as an exhibit or be written on the document; or if the document has been filed—mention the document in a way sufficient to enable the document to be identified.
A party to a proceeding for a minor civil dispute other than a minor debt claim can not respond to the application for the proceeding. Subrule (1) does not prevent the party from— making a counter-application; or giving the tribunal evidence in writing, or making written submissions to the tribunal, in a way allowed by the tribunal under section 95 of the Act . (sec.43-ssec.1) A party to a proceeding for a minor civil dispute other than a minor debt claim can not respond to the application for the proceeding. (sec.43-ssec.2) Subrule (1) does not prevent the party from— making a counter-application; or giving the tribunal evidence in writing, or making written submissions to the tribunal, in a way allowed by the tribunal under section 95 of the Act .
This rule applies if a respondent to an application other than for a minor debt claim, or a referral, wishes to respond to the application or referral, whether because of a requirement under an enabling Act or otherwise. The response must— be made within— for a prescribed application—14 days after the respondent is given a copy of the application; or for another application or a referral—28 days after the respondent is given a copy of the application or referral; and be made in the approved form; and comply with any requirements about the response stated in an enabling Act or a practice direction; and be filed. However, if the Service and Execution of Process Act 1992 (Cwlth) applies, the response must be made within the time limited by that Act. The respondent must give a copy of the response to— the applicant; and each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the response. The approved form for subrule (2) (b) must provide for the inclusion of the respondent’s statement of address for service. In this rule— prescribed application means an application— for a building dispute under the Queensland Building and Construction Commission Act 1991 ; or for the recovery of a debt under the Queensland Building and Construction Commission Act 1991 , section 71 ; or made under the Domestic Building Contracts Act 2000 , section 18 , 55 , 60 or 84 ; or made under the Body Corporate and Community Management Act 1997 , section 47AA , 47B , 48 , 133 , 149A , 149B , 178 , 304 , 385 , 387 , 389 , 405 , 412 or 414 . r 44 amd 2011 Act No. 9 s 47 ; 2013 Act No. 11 s 20 ; 2013 SL No. 292 s 5 (sec.44-ssec.1) This rule applies if a respondent to an application other than for a minor debt claim, or a referral, wishes to respond to the application or referral, whether because of a requirement under an enabling Act or otherwise. (sec.44-ssec.2) The response must— be made within— for a prescribed application—14 days after the respondent is given a copy of the application; or for another application or a referral—28 days after the respondent is given a copy of the application or referral; and be made in the approved form; and comply with any requirements about the response stated in an enabling Act or a practice direction; and be filed. (sec.44-ssec.3) However, if the Service and Execution of Process Act 1992 (Cwlth) applies, the response must be made within the time limited by that Act. (sec.44-ssec.4) The respondent must give a copy of the response to— the applicant; and each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the response. (sec.44-ssec.5) The approved form for subrule (2) (b) must provide for the inclusion of the respondent’s statement of address for service. (sec.44-ssec.6) In this rule— prescribed application means an application— for a building dispute under the Queensland Building and Construction Commission Act 1991 ; or for the recovery of a debt under the Queensland Building and Construction Commission Act 1991 , section 71 ; or made under the Domestic Building Contracts Act 2000 , section 18 , 55 , 60 or 84 ; or made under the Body Corporate and Community Management Act 1997 , section 47AA , 47B , 48 , 133 , 149A , 149B , 178 , 304 , 385 , 387 , 389 , 405 , 412 or 414 .
This rule applies if a respondent to an application for a minor debt claim wishes to respond to the application. The response must— be made— within 28 days after the respondent is given a copy of the application; and in the approved form; and have attached to it a statement— answering the applicant’s assertions in the application; and stating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and comply with any requirements about the response stated in a practice direction; and be filed. The respondent must give a copy of the response to— the applicant; and each person to whom a copy of the application was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the response. The approved form for subrule (2) (a) (ii) must provide for the inclusion of the respondent’s statement of address for service. (sec.45-ssec.1) This rule applies if a respondent to an application for a minor debt claim wishes to respond to the application. (sec.45-ssec.2) The response must— be made— within 28 days after the respondent is given a copy of the application; and in the approved form; and have attached to it a statement— answering the applicant’s assertions in the application; and stating any amount the respondent claims to owe the applicant, how any amount owing is worked out, and why the respondent claims to owe that amount; and comply with any requirements about the response stated in a practice direction; and be filed. (sec.45-ssec.3) The respondent must give a copy of the response to— the applicant; and each person to whom a copy of the application was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the response. (sec.45-ssec.4) The approved form for subrule (2) (a) (ii) must provide for the inclusion of the respondent’s statement of address for service.
If a proceeding is started against a partnership, a response to the application or referral for the proceeding must be in the partnership name. Sections 131 and 132 of the Act provide for the enforcement of a decision of the tribunal by a court as if the decision were an order of the court. See the Uniform Civil Procedure Rules, rule 88 in relation to enforcing an order of a court against partners in a partnership name.
This rule applies if a proceeding is brought against an entity— in relation to a business carried on by the entity under a name other than the entity’s own name; and regardless of whether the name is registered on the Business Names Register or held under business names legislation. A response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) . A person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person. The principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) . For subrule (1) (b) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5. r 47 amd 2012 SL No. 59 s 7 (sec.47-ssec.1) This rule applies if a proceeding is brought against an entity— in relation to a business carried on by the entity under a name other than the entity’s own name; and regardless of whether the name is registered on the Business Names Register or held under business names legislation. (sec.47-ssec.2) A response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) . (sec.47-ssec.3) A person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person. (sec.47-ssec.4) The principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) . (sec.47-ssec.5) For subrule (1) (b) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.
A respondent to an application or referral for a proceeding may, in response to the application or referral, apply to the tribunal for stated orders against another person, who may or may not be a party to the proceeding (a counter-application ). A counter-application may be made instead of making a separate application to the tribunal to deal with the matters in relation to which the orders are sought. A counter-application can not be made in response to an application for a minor debt claim. (sec.48-ssec.1) A respondent to an application or referral for a proceeding may, in response to the application or referral, apply to the tribunal for stated orders against another person, who may or may not be a party to the proceeding (a counter-application ). (sec.48-ssec.2) A counter-application may be made instead of making a separate application to the tribunal to deal with the matters in relation to which the orders are sought. (sec.48-ssec.3) A counter-application can not be made in response to an application for a minor debt claim.
If there are circumstances suggesting that a respondent to an application for a minor debt claim could have, apart from rule 48 (3) , applied for orders against the applicant by way of a counter-application, the tribunal may— order that the circumstances be dealt with as a separate minor debt claim; and give any directions the tribunal considers appropriate in relation to the matter. If a respondent has brought a proceeding for an application against an applicant for a matter that, apart from rule 48 (3) may have been the subject of a counter-application to an application for a minor debt claim, the tribunal may— order the enforcement of any final decision in the first proceeding be suspended for the time and on the conditions it considers appropriate; and give any directions the tribunal considers appropriate in relation to the matter. (sec.49-ssec.1) If there are circumstances suggesting that a respondent to an application for a minor debt claim could have, apart from rule 48 (3) , applied for orders against the applicant by way of a counter-application, the tribunal may— order that the circumstances be dealt with as a separate minor debt claim; and give any directions the tribunal considers appropriate in relation to the matter. (sec.49-ssec.2) If a respondent has brought a proceeding for an application against an applicant for a matter that, apart from rule 48 (3) may have been the subject of a counter-application to an application for a minor debt claim, the tribunal may— order the enforcement of any final decision in the first proceeding be suspended for the time and on the conditions it considers appropriate; and give any directions the tribunal considers appropriate in relation to the matter.
A counter-application to an application or referral must— be made in the approved form; and other than for a minor civil dispute, be included in or attached to the respondent’s response to the application or referral. If a counter-application for an application other than a minor civil dispute application, or for a referral, is made in relation to a person who is not required to be given a copy of the response to the application or referral under rule 44 or 45 , the respondent must give a copy of the response to the person. If a counter-application is made for a minor civil dispute application, the respondent must give a copy of the counter-application to— the person in relation to whom the counter-application is made; and each party to the proceeding; and any person the tribunal directs to be given notice of the counter-application. In this rule— minor civil dispute application means an application for a minor civil dispute. (sec.50-ssec.1) A counter-application to an application or referral must— be made in the approved form; and other than for a minor civil dispute, be included in or attached to the respondent’s response to the application or referral. (sec.50-ssec.2) If a counter-application for an application other than a minor civil dispute application, or for a referral, is made in relation to a person who is not required to be given a copy of the response to the application or referral under rule 44 or 45 , the respondent must give a copy of the response to the person. (sec.50-ssec.3) If a counter-application is made for a minor civil dispute application, the respondent must give a copy of the counter-application to— the person in relation to whom the counter-application is made; and each party to the proceeding; and any person the tribunal directs to be given notice of the counter-application. (sec.50-ssec.4) In this rule— minor civil dispute application means an application for a minor civil dispute.
This rule applies if a counter-application is made in a proceeding. The counter-application must be dealt with in the proceeding. The proceeding so far as it relates to the counter-application must be conducted as if it were a proceeding for an application for the orders the subject of the counter-application and, for that purpose— the respondent who made the counter-application is taken to be the applicant; and the person in relation to whom the counter-application is made is taken to be the respondent. The tribunal may, at any time, make the directions the tribunal considers appropriate about the conduct of the proceeding so far as it relates to the counter-application. (sec.51-ssec.1) This rule applies if a counter-application is made in a proceeding. (sec.51-ssec.2) The counter-application must be dealt with in the proceeding. (sec.51-ssec.3) The proceeding so far as it relates to the counter-application must be conducted as if it were a proceeding for an application for the orders the subject of the counter-application and, for that purpose— the respondent who made the counter-application is taken to be the applicant; and the person in relation to whom the counter-application is made is taken to be the respondent. (sec.51-ssec.4) The tribunal may, at any time, make the directions the tribunal considers appropriate about the conduct of the proceeding so far as it relates to the counter-application.
This division provides for— how a party that is not an individual may appear in a proceeding; and how a group of applicants may appear in a proceeding. This division does not provide for how a party may be represented in a proceeding. See section 43 of the Act in relation to representation of a party in a proceeding, including the limited circumstances in which a party may be represented. Nothing in this division requires a party to a proceeding to obtain the tribunal’s leave to appear in the proceeding through an Australian legal practitioner if the party is represented in the proceeding by the practitioner under section 43 of the Act . (sec.52-ssec.1) This division provides for— how a party that is not an individual may appear in a proceeding; and how a group of applicants may appear in a proceeding. (sec.52-ssec.2) This division does not provide for how a party may be represented in a proceeding. See section 43 of the Act in relation to representation of a party in a proceeding, including the limited circumstances in which a party may be represented. (sec.52-ssec.3) Nothing in this division requires a party to a proceeding to obtain the tribunal’s leave to appear in the proceeding through an Australian legal practitioner if the party is represented in the proceeding by the practitioner under section 43 of the Act .
A State agency may appear in a proceeding through an employee, officer or member of the agency who is authorised by the agency to act for it in the proceeding. However, the State agency may appear through an Australian legal practitioner or a government legal officer only with the tribunal’s leave. In this rule— government legal officer see the Legal Profession Act 2007 . (sec.53-ssec.1) A State agency may appear in a proceeding through an employee, officer or member of the agency who is authorised by the agency to act for it in the proceeding. (sec.53-ssec.2) However, the State agency may appear through an Australian legal practitioner or a government legal officer only with the tribunal’s leave. (sec.53-ssec.3) In this rule— government legal officer see the Legal Profession Act 2007 .
A corporation may appear in a proceeding through an officer of the corporation who is authorised by the corporation to act for it in the proceeding. However, the corporation may appear through an Australian legal practitioner only with the tribunal’s leave. Subrule (2) does not apply if all of the officers of the corporation are Australian legal practitioners. If the officer authorised to act for the corporation under subrule (1) is not an Australian legal practitioner, the corporation must give the tribunal a certificate of authority for the authorisation. In this rule— officer , of a corporation, means— an officer within the meaning given by the Corporations Act , section 9 for a corporation; or an employee of the corporation. r 54 amd 2016 SL No. 19 s 24 (sec.54-ssec.1) A corporation may appear in a proceeding through an officer of the corporation who is authorised by the corporation to act for it in the proceeding. (sec.54-ssec.2) However, the corporation may appear through an Australian legal practitioner only with the tribunal’s leave. (sec.54-ssec.3) Subrule (2) does not apply if all of the officers of the corporation are Australian legal practitioners. (sec.54-ssec.4) If the officer authorised to act for the corporation under subrule (1) is not an Australian legal practitioner, the corporation must give the tribunal a certificate of authority for the authorisation. (sec.54-ssec.5) In this rule— officer , of a corporation, means— an officer within the meaning given by the Corporations Act , section 9 for a corporation; or an employee of the corporation.
An entity other than a State agency or corporation may appear in a proceeding through an officer of the entity who is authorised by the entity to act for it in the proceeding. association, partnership, trust However, the entity may appear through an Australian legal practitioner only with the tribunal’s leave. Subrule (2) does not apply if all of the officers of the entity are Australian legal practitioners. If the officer authorised to act for the entity under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the entity must give the tribunal a certificate of authority for the authorisation. If an officer is authorised to act for an entity as mentioned in subrule (1) , each member of the entity is taken to have agreed to the officer appearing for the entity in the proceeding. In this rule— member , of an entity other than a State agency or corporation, means— generally—a member (however called) of the entity; or for a partnership—a partner of the entity; or for a trust—a trustee or beneficiary of the entity. officer , of an entity other than a State agency or corporation, means— an officer within the meaning given by the Corporations Act , section 9 for an entity that is not a corporation or individual; or an employee of the entity. (sec.55-ssec.1) An entity other than a State agency or corporation may appear in a proceeding through an officer of the entity who is authorised by the entity to act for it in the proceeding. association, partnership, trust (sec.55-ssec.2) However, the entity may appear through an Australian legal practitioner only with the tribunal’s leave. (sec.55-ssec.3) Subrule (2) does not apply if all of the officers of the entity are Australian legal practitioners. (sec.55-ssec.4) If the officer authorised to act for the entity under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the entity must give the tribunal a certificate of authority for the authorisation. (sec.55-ssec.5) If an officer is authorised to act for an entity as mentioned in subrule (1) , each member of the entity is taken to have agreed to the officer appearing for the entity in the proceeding. (sec.55-ssec.6) In this rule— member , of an entity other than a State agency or corporation, means— generally—a member (however called) of the entity; or for a partnership—a partner of the entity; or for a trust—a trustee or beneficiary of the entity. officer , of an entity other than a State agency or corporation, means— an officer within the meaning given by the Corporations Act , section 9 for an entity that is not a corporation or individual; or an employee of the entity.
The applicants ( joint applicants ) for a joint application or joint referral may appear in a proceeding through 1 of the applicants who is authorised by the joint applicants to act for them in the proceeding. However, the joint applicants may appear through an Australian legal practitioner only with the tribunal’s leave. Subrule (2) does not apply if all of the applicants are Australian legal practitioners. If the applicant authorised to act for the joint applicants under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the joint applicants must give the tribunal a certificate of authority for the authorisation signed by all of the joint applicants. (sec.56-ssec.1) The applicants ( joint applicants ) for a joint application or joint referral may appear in a proceeding through 1 of the applicants who is authorised by the joint applicants to act for them in the proceeding. (sec.56-ssec.2) However, the joint applicants may appear through an Australian legal practitioner only with the tribunal’s leave. (sec.56-ssec.3) Subrule (2) does not apply if all of the applicants are Australian legal practitioners. (sec.56-ssec.4) If the applicant authorised to act for the joint applicants under subrule (1) is not an Australian legal practitioner and the tribunal requests it, the joint applicants must give the tribunal a certificate of authority for the authorisation signed by all of the joint applicants.
A person is disqualified from representing a party to a proceeding if— the person has been the subject of— a discipline application under the Legal Profession Act 2007 ; or an application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and the person has been, in the proceeding, found guilty of professional misconduct or unsatisfactory professional conduct; and the president has not made a declaration under subrule (2) about the person. The president may declare that a person to whom subrule (1) applies is not disqualified from representing a party in a proceeding if the president is satisfied the conduct of the person constituting the misconduct or conduct mentioned in the subrule is not serious enough to disqualify the person from representing the party in the proceeding. In this rule— professional misconduct see the Legal Profession Act 2007 . unsatisfactory professional conduct see the Legal Profession Act 2007 . r 57 amd 2012 SL No. 59 s 8 (sec.57-ssec.1) A person is disqualified from representing a party to a proceeding if— the person has been the subject of— a discipline application under the Legal Profession Act 2007 ; or an application equivalent to a discipline application under a corresponding law within the meaning of the Legal Profession Act 2007 ; and the person has been, in the proceeding, found guilty of professional misconduct or unsatisfactory professional conduct; and the president has not made a declaration under subrule (2) about the person. (sec.57-ssec.2) The president may declare that a person to whom subrule (1) applies is not disqualified from representing a party in a proceeding if the president is satisfied the conduct of the person constituting the misconduct or conduct mentioned in the subrule is not serious enough to disqualify the person from representing the party in the proceeding. (sec.57-ssec.3) In this rule— professional misconduct see the Legal Profession Act 2007 . unsatisfactory professional conduct see the Legal Profession Act 2007 .
This rule applies if an application or referral may be withdrawn without the leave of the tribunal. Section 46 (2) of the Act states the applications or referrals that require the tribunal’s leave before they can be withdrawn. An applicant may withdraw the applicant’s application or referral by— filing a notice in the approved form; and giving a copy of the notice to— each other party to the proceeding; and each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and any other person directed by the tribunal to be given notice of the withdrawal. r 57A ins 2013 SL No. 292 s 6 (sec.57A-ssec.1) This rule applies if an application or referral may be withdrawn without the leave of the tribunal. Section 46 (2) of the Act states the applications or referrals that require the tribunal’s leave before they can be withdrawn. (sec.57A-ssec.2) An applicant may withdraw the applicant’s application or referral by— filing a notice in the approved form; and giving a copy of the notice to— each other party to the proceeding; and each other person who was given a copy of the application or referral for the proceeding under section 37 of the Act ; and any other person directed by the tribunal to be given notice of the withdrawal.
An application for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must be— made— if the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or otherwise—in the approved form; and filed. A person applying for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must give notice of the application to— each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the application. r 58 amd 2013 SL No. 292 s 7 (sec.58-ssec.1) An application for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must be— made— if the president has made a practice direction stating the way the application is to be made—in the way stated in the practice direction; or otherwise—in the approved form; and filed. (sec.58-ssec.2) A person applying for the tribunal’s leave to withdraw an application or referral under section 46 (2) of the Act must give notice of the application to— each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the application.
If the tribunal gives an applicant leave to withdraw an application or referral under section 46 (2) of the Act , the principal registrar must give notice of the withdrawal to— the applicant; and each person to whom a copy of the application or referral was given under section 37 of the Act ; and any person the tribunal directs to be given notice of the withdrawal. r 59 amd 2013 SL No. 292 s 8
An application for a decision by default for a debt or liquidated demand of money must be made— in the approved form; or if the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form. The application must have the following attached— an affidavit about how a copy of the original application for the recovery of the debt or liquidated demand of money was given to the respondent; an affidavit about the debt or liquidated demand of money stating— that the whole of the debt or liquidated demand of money is still owing; or if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing. The application must be filed. r 60 amd 2013 SL No. 292 s 9 sub 2016 SL No. 19 s 25 (sec.60-ssec.1) An application for a decision by default for a debt or liquidated demand of money must be made— in the approved form; or if the application is filed electronically under rule 24 (1) (c) and a practice direction prescribes the form to be used—in that form. (sec.60-ssec.2) The application must have the following attached— an affidavit about how a copy of the original application for the recovery of the debt or liquidated demand of money was given to the respondent; an affidavit about the debt or liquidated demand of money stating— that the whole of the debt or liquidated demand of money is still owing; or if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing. (sec.60-ssec.3) The application must be filed.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
These rules may be cited as the Queensland Civil and Administrative Tribunal Rules 2009 .
These rules commence on 1 December 2009.
The purpose of these rules is— to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties. Accordingly, these rules are— to provide for procedures that— are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and do not involve unnecessary and burdensome requirements; and to be applied by the tribunal with the objectives of— encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and recognising, and being responsive to, the diverse needs of persons who use the tribunal; and for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules. (sec.3-ssec.1) The purpose of these rules is— to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties. (sec.3-ssec.2) Accordingly, these rules are— to provide for procedures that— are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and do not involve unnecessary and burdensome requirements; and to be applied by the tribunal with the objectives of— encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and recognising, and being responsive to, the diverse needs of persons who use the tribunal; and for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
Explain service and notice: standard methods of giving documents are listed, with substituted or informal service where standard service is impracticable (rules 36–42). There are special notice regimes for sensitive matters (child protection, guardianship) and certain Acts (Anti‑Discrimination, etc.) (rules 20–21, 20A, 21).
Control responses, counter‑applications and default decisions: time limits and form requirements for responses differ (minor debt claims have streamlined procedures and restricted discovery); default decisions have prescribed evidentiary attachments and special electronic default processes (rules 43–64).
Provide robust alternative dispute resolution procedures: compulsory conferences, mediation and conciliation are the norm where appropriate, with rules about notice, conduct and recording of outcomes (rules 68A–74).
Set costs rules and how costs are assessed: very limited costs for minor civil disputes and minor debt claims; wider costs powers for other matters including consequences for refusing reasonable settlement offers (rules 83–87).
Include specialty parts: specific procedural detail for matters under the Anti‑Discrimination Act, Guardianship and Administration Act, Legal Profession Act, public examinations and Trans‑Tasman appearances (Parts 12–16).
Why it matters and who is affected
Who it affects: applicants, respondents and other persons involved in QCAT proceedings (individuals, corporations, partnerships, state agencies), their representatives, registries and approved electronic service providers. Specific stakeholder groups have additional rules (e.g. people with impaired capacity, parties in child protection matters, practitioners in legal discipline matters).
Practical consequences: the Rules determine how and when parties must file and serve material, the formats accepted (including electronic formats), what evidence is required for default judgments, how ADR is managed, and limited rights to recover costs in small matters. They therefore shape litigation costs, timing, evidentiary preparation and strategies for settlement.
Official purpose claims and testing them against incentives and costs
Official purpose claim: the Rules are designed to make QCAT proceedings "accessible, fair, just, economical, informal and quick" and to encourage early, economical resolution (sec.3).
Discretion and administrative cost: the president, tribunal and principal registrar have wide discretions (practice directions, waiver of procedural requirements, substitute service orders). That can speed case management, but increases administrative discretion and requires robust registry procedures to ensure consistency and protect natural justice (rules 5–6, 18, 40, sec.3). Practice directions are an instrument the tribunal uses to operationalise many technical details — the consequence is that procedural requirements are split between the Rules and practice directions (implementation risk and compliance burden for users).
Who pays, who decides, and what behaviour changes
Who pays: applicants ordinarily pay the filing fee; costs recoverable in small claims are tightly limited (rules 83–84) but in other matters respondents can be ordered to reimburse prescribed filing fees and some costs (rule 85). For electronic filing of minor debt claims, the service provider pays the prescribed filing fee (rule 27). Where bailiffs or searches are used, those costs can be added (rule 84).
Who decides: the tribunal (presiding member), the president (practice directions, lists), and the principal registrar (accepting/rejecting and administrating filings, providing notice) make most procedural decisions (rules 5–6, 17–18, 20). The tribunal (or its delegates) also exercises discretion to waive rules or alter procedures (see sec.3, rules 6 and 61 in the Act as referenced).
Behaviour changes encouraged: more use of electronic filing and approved service providers for minor debt claims; earlier settlement through ADR because costs consequences can follow rejected offers (rule 86); simpler, faster small‑claim litigation with constrained disclosure (rules 43–45, 81), which incentivises parties to prepare succinct documentary cases rather than prolonged discovery.
Implementation and compliance risks (practical negatives)
Administrative burden on registry/IT: storing, stamping and providing access to electronic records, and supporting approved entities and service providers (rules 31, 33–34, 100A). The registry must also retain original physical affidavits for specified periods (rules 97E–97F).
Uneven capacity among parties: the rules assume parties can use electronic filing and meet form/notice requirements. Unrepresented or less tech‑literate parties risk default outcomes or procedural exclusion (rules 60–63; sec.3 signals flexibility but in practice parties must act quickly).
Concentrated benefits vs diffuse costs: approved entities and service providers gain business opportunities from electronic filing (rule 26, 100A) while individual parties face the friction of complying with new technical and evidentiary rules; small claim plaintiffs gain faster pathways to recover small amounts but defendants face compressed timeframes and limited pre‑hearing disclosure.
Bottom line (practical takeaways)
If you are bringing or defending a QCAT matter: follow the prescribed form and time limits closely, check practice directions for electronic filing rules, and be aware that ADR/faster procedures and limited disclosure in small claims will change how you prepare evidence and settlement strategy (see rules 7–11, 24–27, 43–45, 68–74, 81).
If you are an organisation that will regularly file: consider becoming (or using) an approved entity/service provider, and build processes to meet affidavit retention, original document production and electronic‑format requirements (rules 26–27, 25, 97E–97F).
If you are administering the system: the Rules delegate significant case‑management discretion to the tribunal and rely on practice directions to fill technical gaps — consistent operational guidance and robust IT/registry controls are necessary to deliver the stated policy aims (sec.3; rules 6, 100A).
(References: purpose statement sec.3; key procedural mechanics: rules 7–11, 17–19, 24–35, 39–42, 43–51, 60–64, 68–76, 81–87; affidavit rules part 10A, rules 97A–97F.)
The dictionary in the schedule defines particular terms used in these rules.
The tribunal is to exercise its functions in divisions. For subrule (1) , the following divisions of the tribunal are established— the human rights division; the administrative and disciplinary division; the civil disputes division. The president may, by a practice direction, establish lists within each division of the tribunal. (sec.5-ssec.1) The tribunal is to exercise its functions in divisions. (sec.5-ssec.2) For subrule (1) , the following divisions of the tribunal are established— the human rights division; the administrative and disciplinary division; the civil disputes division. (sec.5-ssec.3) The president may, by a practice direction, establish lists within each division of the tribunal.
The president may make a practice direction about operational and procedural matters for the tribunal’s divisions or, if lists are established under rule 5 (3) , the lists within the tribunal’s divisions, including procedures for all or any of the following— entering matters on the divisions or lists; transferring matters between divisions or lists; nominating heads of the divisions or lists; allocating members to a division or list.
An application to the tribunal to deal with a matter must be made— in the approved form; or if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 . Under section 33 of the Act , the application must state the reasons for the application and be filed. The approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service. r 7 amd 2016 SL No. 19 s 9 (sec.7-ssec.1) An application to the tribunal to deal with a matter must be made— in the approved form; or if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 . Under section 33 of the Act , the application must state the reasons for the application and be filed. (sec.7-ssec.2) The approved form for subrule (1) (a) must provide for the inclusion of the applicant’s statement of address for service.
An application for a minor civil dispute that is a tenancy matter may be filed only in— the registry of the tribunal closest to the relevant residential or rental premises; or the registry of the tribunal in Brisbane. At the commencement of this rule, the registry was at 259 Queen Street, Brisbane.
The referral of a matter to the tribunal must be— made— in the approved form; or if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 ; and filed. When the referral is made, the applicant must— file a statement of address for service; and give a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act . r 9 amd 2016 SL No. 19 s 10 (sec.9-ssec.1) The referral of a matter to the tribunal must be— made— in the approved form; or if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or otherwise—in the way stated in rule 10 ; and filed. (sec.9-ssec.2) When the referral is made, the applicant must— file a statement of address for service; and give a copy of the statement to each person to whom a copy of the application or referral was given under section 37 of the Act .
This rule applies if there is no approved form for— an application to the tribunal to deal with a particular matter; or the referral to the tribunal of a pa
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