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How to apply to QCAT for resolution

Process for applying to QCAT

1. Before you apply

Before you apply, make sure you:

2. Completing the application form

Complete and lodge the below:

If your dispute is non-urgent, including a rental bond dispute, you must also give QCAT a copy of the ‘Notice of unresolved dispute’, which the RTA would have provided to you if you could not reach an agreement during conciliation.

Note: Before you send your application, go over the checklist at the bottom of the page to ensure you have followed the correct procedure for applying.

3. After you apply

You must:

  • tell the RTA that you have applied to QCAT within either 7 days or the time period nominated by the RTA in the ‘Notice of unresolved dispute’. Telling them this will ensure the RTA does not pay out the bond
  • give the RTA a copy of the QCAT receipt confirming that you have lodged your application. QCAT will give a copy of the application to the other party.

4. What happens next

Once QCAT receives your application and forms, all parties receive a notice to attend a hearing, including the date, time and location. Read more about QCAT hearings.

Joining applications and counter-applications

Both parties in the dispute can apply against the other party for the same agreement.

For example, a tenant may claim the bond and the landlord may make a counter-claim for compensation.

Where this occurs, applications may be joined (i.e. the claims may be heard and decided together).

You don’t have to make a counter-claim if another party lodges an application against you.

To make a counter application against the original application, complete and lodge ‘Form 8—Minor civil dispute—Counter application’ (PDF, 251.4 KB).

Getting your bond money back

If QCAT’s decision involves the distribution of bond money, QCAT will give the RTA the details of the decision so the RTA can distribute the money accordingly.

Application checklist

Before you send in your application, ask yourself these questions to ensure you have followed the correct procedure for applying:

  • If you are making a non-urgent application, do you have a ‘Notice of unresolved dispute’ from the RTA?
  • If you are making a non-urgent application regarding a bond dispute, have you told the RTA that you’ve applied to QCAT (within either 7 days or the period nominated by the RTA) to ensure the bond isn’t paid out?
  • If you are making an urgent application, do you have a copy of all relevant forms and documentation (e.g. breaches, notices, copy of tenancy documentation)?
  • Have you selected at least one type of residential tenancy or rooming accommodation dispute type on the form?
  • Have you answered all the relevant questions on the application form?
  • Have you included all party and dispute details on the application form?
  • If you are a real estate agency representing a landlord, have you listed the landlord details as the applicant and your own details under ‘representative details’?
  • Have you attached all the relevant documents listed on the application form?
  • Have you provided all pages of the application form?
  • Have you attached all relevant affidavits, receipts and invoices?
  • Have you paid the correct application fee, based on the amount of money in dispute?
  • Have you gathered all the supporting evidence/materials you may need for a hearing?
  • Have you provided the correct number of copies of application and supporting material (i.e. the original for QCAT, plus a copy for each respondent and a copy for yourself—registered and stamped with a QCAT stamp)?
  • Have you signed and dated your application?
  • Are you lodging your application at the QCAT registry at the Magistrates Court that is closest to the residential property, or at QCAT Brisbane?

Further information

Last updated:
29 March 2016
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