QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 13
Deciding minor civil dispute generally
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 13
Deciding minor civil dispute generally
13 Deciding minor civil dispute generally
(1) In a proceeding for a minor civil dispute, the tribunal must make orders
that it considers fair and equitable to the parties to the proceeding in order
to resolve the dispute but may, if the tribunal considers it appropriate, make
an order dismissing the application.
(2) For subsection (1) , the tribunal
may make only the following final decisions to resolve the dispute—
(a) for
a claim mentioned in schedule 3 , definition minor civil dispute, paragraph
1(a), (b) or (c)—
(i) an order requiring a party to the proceeding to pay a
stated amount to a stated person; or
(ii) an order that a stated amount is
not due or owing by the applicant to a stated person, or by any party to the
proceeding to the applicant; or
(iii) an order requiring a party to the
proceeding, other than the applicant, to perform work to rectify a defect in
goods or services to which the claim relates; or
(iv) an order requiring a
party to the proceeding to return goods that relate to the claim and are in
the party’s possession or control to a stated person; or
(v) an order
combining 2 or more orders mentioned in subparagraphs (i) to (iv) ;
(d) for a claim
that is the subject of a dispute under the Building Act 1975, chapter 8 ,
part 2A —a decision or order the tribunal may make in relation to the matter
under the Building Act 1975, chapter 8 , part 2A .
(3) However, the tribunal
can not make an order or decision under subsection (2) that—
(a) purports to
require payment of an amount, performance of work or return of goods of a
value of more than the prescribed amount; or
(b) purports to grant relief of
a value of more than the prescribed amount from the payment of an amount; or
(c) combines 2 or more orders mentioned in subsection (2) (a) (i) to (iv) and
purports to award or declare entitlements or benefits (or both) of a total
value of more than the prescribed amount.
(4) Subsection (3) does not apply
to a claim that is the subject of a dispute under the Building Act 1975,
chapter 8 , part 2A .
(5) For subsection (3) , the following amounts must not
be considered in calculating whether an amount or value is more than the
prescribed amount—
(a) an amount of interest that is payable as of right
whether because of a law, agreement or otherwise;
(b) an amount of interest
that may be awarded by the tribunal, including, for example, an amount of
interest that may be awarded under section 14.