What is QCAT?

Imagine there was somewhere Queenslanders could turn if they found themselves entangled in a dispute with a neighbour, contractor, or goods supplier. A place where they could access dispute resolution services quickly and efficiently to settle legal matters in a more approachable setting than in a traditional courtroom. Well, it exists, and in Queensland, that place is called the Queensland Civil and Administrative Tribunal (QCAT).

Established to provide a simpler, quicker and more accessible way to legally resolve issues between disputing parties, QCAT handles a wide range of disputes, including:

• Minor Civil Disputes (such as debt disputes)
• Residential Tenancy Disputes (landlord/tenant issues)
• Neighbour Disputes (dividing fences, tree disputes etc)
• Construction Disputes; and
• QBCC Licensing Matters

QCAT can deal with a wide range of disputes, but it’s important to know not all issues fall under their umbrella. For instance, criminal matters, family law matters and most commercial disputes are outside of QCAT’s jurisdiction.

Understanding how QCAT works is the first step towards resolving your dispute efficiently and effectively, and in this introduction, we’ll provide an overview of the process and what to expect.

Can I Have a Solicitor Help Me in QCAT?

The answer to this question is, possibly.

Generally, solicitors aren’t allowed to directly represent clients at QCAT hearings and proceedings. Because the process is intended to be less formal, solicitors aren’t typically part of the process right from the get-go.

That said, there are exceptions. If you can demonstrate there are exceptional circumstances for why you need legal representation, you can seek permission to have a solicitor represent you.

Of course, a solicitor can always work with you behind the scenes – helping you get your paperwork in order, advising you on the best way to present your case, and even gathering expert opinions or witnesses to strengthen your argument.

Our solicitors are highly knowledgeable of QCAT processes and proceedings and in the past have assisted clients with:

• Helping them prepare the necessary documents for a QCAT case, ensuring everything is spot-on. The client signs and files the paperwork, and has peace of mind knowing their case is in order and they have the best chance of success.
• Preparing them for QCAT hearings by explaining what to expect, outlining the strongest arguments and recommending the right outcomes to request.
• Connecting them with the right experts to support their case. Evidence and reports from third-party consultants can make a world of difference to an argument. Take for instance the example of a building dispute. Having an expert building inspection report can be invaluable in supporting an argument. We know which experts to use (and which to avoid) so there’s solid evidence ready to present.
• Settling disputes before they end up at QCAT. Sometimes, a settlement agreement can be reached before going to a hearing and if we believe there’s potential for this outcome, we’ll certainly strive to make it happen.

What Happens During a QCAT Hearing?

In short, the process begins when one of the parties files an application with QCAT to start proceedings. Once this application has been received and processed, QCAT will notify all parties involved and schedule a preliminary hearing conference where both sides can discuss the issues and attempt to reach a resolution.

If no agreement can be reached, a formal hearing will be scheduled. At this hearing, both parties will have the opportunity to present their case and evidence, question witnesses, and make arguments for their desired outcome. QCAT members presiding over the matter will then make a decision based on the evidence presented.

This is just a simple overview of the process, and further details about QCAT hearings are covered in additional articles.

Where Can I Learn More About QCAT Disputes?

Our website includes articles relating to some of the common types of QCAT proceedings, from money disputes to disagreements over fences.

In our experience, clients who have solicitor support with their QCAT case, even if they don’t qualify for representation, are much more likely to succeed than those going it alone. We’ve seen many cases where having just one more piece of evidence or making one additional argument could have made the difference. And, yes, the right advice can make all the difference.

Whether you’re dealing with a tenancy issue or a tricky neighbour dispute, and would like to know more about QCAT and how it can help resolve your issue, don’t hesitate to reach out for further information. We’d be pleased to provide guidance and support throughout the process so that you have the best chance of success.