Queensland Consolidated Acts

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COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 - SECT 33

33 Defence and counterclaim

(1) This section applies to an application starting a proceeding for--

(a) a building dispute under the Queensland Building Services Authority Act 1991; or
(b) the recovery of a debt under the Queensland Building Services Authority Act 1991, section 71; or
(c) a matter under the Domestic Building Contracts Act 2000, section 18, 55, 60 or 84; or
(d) a matter under the Body Corporate and Community Management Act 1997, section 48, 129, 133, 149A, 149B or 178.

(2) The respondent must file a defence to the application and any counterclaim that states--

(a) the facts relied on by the respondent in defence of the claims by the applicant; and
(b) the nature of the defence to each outcome or order sought by the applicant; and
(c) the facts on which any counterclaim is based and the outcome or order sought by the respondent relating to the counterclaim.

(3) The respondent must act under subsection (2) within 14 days of being served with the application or the extended time allowed by the tribunal.

(4) A defence and any counterclaim must be in the approved form.

(5) The respondent must serve a copy of the defence and any counterclaim on the applicant.

(6) Also, if the tribunal considers another entity is affected by the defence or counterclaim, it may direct the respondent to serve a copy of the defence or counterclaim on the entity.

(7) The respondent must comply with a direction under subsection (6).

(8) If the respondent does not file a defence within the period or extended period allowed, the tribunal may deal with the matter in the absence of the respondent.



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