QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009

Table of Provisions

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Philosophy
• 4 Dictionary

PART 2 - PROVISIONS ABOUT TRIBUNAL GENERALLY

• 5 Divisions of tribunal etc.
• 6 Operation of divisions of tribunal etc.

PART 3 - STARTING PROCEEDINGS

Division 1 - Making application or referral generally

• 7 Form of application
• 8 Filing application for tenancy matters
• 9 Referring matter
• 10 Making application or referral if no approved form
• 11 Joint applications or referrals

Division 2 - Starting proceeding as or against a partnership

• 12 Proceeding in partnership name
• 13 Disclosure of partners’ names

Division 3 - Starting proceeding against a business

• 14 Starting proceeding against registered business name
• 15 Proceeding in business name if unregistered
• 16 Amendment as to parties if business name unregistered

Division 4 - Acceptance or rejection of application or referral

• 17 Request for review of principal registrar’s decision
• 18 Conditions that may be imposed

Division 5 - Notice of application or referral

• 19 Period within which notice must be given
• 20 Notice given by principal registrar for particular proceedings
• 20A Additional notice requirements for proceedings about child protection matters
• 21 Alternative notice requirements for proceedings about persons with impaired capacity etc.
• 22 Notice not required to be given to referring person
• 23 Notice not required if it would contravene court or tribunal order

PART 4 - FILING DOCUMENTS IN PROCEEDING

Division 1 - How documents are filed

• 24 Filing documents generally
• 25 Filing affidavits
• 26 Filing documents for minor debt claim
• 27 Responsibility for document electronically filed under r 26

Division 2 - Requirements about filing documents

• 27A Signing a document to be electronically filed
• 28 Original documents required to be filed for particular proceedings
• 29 Number of copies to be filed in other proceedings
• 30 Document filed by post must be accompanied by stamped envelope for return post

Division 3 - Provisions about filed documents

• 31 When document is filed
• 32 Refusal to file document
• 33 Approved entity must be sent a copy of document electronically filed under r 26
• 34 Keeping etc. electronically filed documents
• 35 Copy of filed document to be given to other parties etc.

PART 5 - SERVICE OF NOTICES OR OTHER DOCUMENTS

Division 1 - Statement of address for service

• 36 Other parties to file statement of address for service
• 37 Amending statement of address for service

Division 2 - Provisions about giving documents

• 39 Giving documents to other persons
• 40 Substituted service
• 41 Informal service
• 42 Affidavit proving document was given

PART 6 - RESPONDING TO APPLICATION OR REFERRAL AND COUNTER-APPLICATIONS

Division 1 - Responses generally

• 43 No responses for particular minor civil disputes
• 44 General requirement for responses other than minor debt claim
• 45 General requirement for response for minor debt claim
• 46 Response to application or referral if proceeding against partnership
• 47 Response to application or referral if proceeding against business name

Division 2 - Counter-applications

• 48 Respondent may make counter-application except for minor debt claim
• 49 Dealing with counter-application matters for minor debt claim
• 50 Requirements about counter-application
• 51 Conduct of proceeding if counter-application made

PART 7 - PROVISIONS ABOUT PARTIES TO A PROCEEDING

Division 1 - Appearance by party that is not an individual or by a group of applicants

• 52 Purpose and explanation of div 1
• 53 State agency
• 54 Corporation
• 55 Other entity
• 56 Joint applicants

Division 2 - Persons who are disqualified from representing a party

• 57 Person who is or was a lawyer

PART 8 - PRELIMINARY DEALINGS WITH PROCEEDINGS ETC.

Division 1 - Withdrawing application or referral

• 57A Notice of withdrawal if tribunal’s leave not required
• 58 Application for leave to withdraw application or referral
• 59 Notice of withdrawal of application or referral

Division 2 - Decision by default

• 60 Form of application for debt or liquidated demand of money
• 60A Form of application for unliquidated damages
61. (Repealed)
• 62 Application for electronic decision by default for minor debt claim
• 63 Electronic decision by default for minor debt claim
• 64 Claiming particular amounts for decision by default

Division 3 - Settlement and accepted offers to settle

• 65 Offer must be written and may be open or closed
• 66 Expiry of offer
• 67 Acceptance of offer
• 68 Amendment of order giving effect to settlement

Division 3A - Conciliation

• 68A Notice of conciliation
• 68B Parties must assist conciliator
• 68C General powers of conciliator
• 68D Other rules about conduct of conciliation
• 68E Outcome of conciliation

Division 4 - Compulsory conference

• 69 Notice of conference

Division 5 - Mediation

• 70 Notice of mediation
• 71 Parties must assist mediator
• 72 General powers of mediator
• 73 Other rules about conduct of mediation
• 74 Outcome of mediation

Division 6 - Directions

• 75 Application for direction

PART 9 - OTHER PROVISIONS ABOUT PROCEEDINGS

Division 1 - Hearings etc.

• 76 Form of notice of hearing
• 77 When notice of hearing for minor debt claim given
• 78 Requiring person to produce document or thing or give information
• 79 Requiring person to attend hearing
• 80 Documents or things produced before hearing
• 81 Limited disclosure for minor debt claim
• 82 Procedure for expedited hearing

Division 2 - Costs

• 83 Costs that may be awarded for minor civil dispute other than minor debt claim
• 84 Costs that may be awarded for minor debt claim
• 85 Additional power to award costs against respondent
• 86 Additional power to award costs if particular offers to settle rejected
• 87 Assessing costs

Division 3 - Provisions about decisions

• 88 Giving decision
• 89 Application for renewal of final decision
• 90 Application for correction
• 91 Principal registrar to give notice of corrected decision
• 92 Application to reopen proceeding
• 93 Submissions for reopened proceeding

PART 10 - APPEALS TO APPEAL TRIBUNAL

• 94 Application of pt 10
• 95 Appealing or applying for leave to appeal
• 96 Notice of application or appeal
• 97 Notice of transfer to Court of Appeal

PART 10A - AFFIDAVITS

• 97A Definitions for part
• 97B References to witnesses, signatories and substitute signatories
• 97C Swearing or affirming affidavits
• 97D Alterations to affidavits
• 97E Retention of affidavits electronically filed as imaged documents
• 97F Minimum period for retention of original physical version—Oaths Act 1867, s 31Y

PART 11 - OTHER GENERAL PROVISIONS

• 98 Warrant for witness who does not attend as required
• 99 Punishment for contempt
• 100 Form and content of register of proceedings
• 100A Approving entity for electronic filing

PART 12 - PROCEEDINGS UNDER ANTI-DISCRIMINATION ACT 1991

• 101 Application for exemption
• 102 Additional requirement for application for review of decision about a complaint lapsing
• 103 Alternative requirements about statement of address for particular complaints
• 104 Giving copy of application for order under Anti-Discrimination Act 1991, s 144
• 105 Giving copy of order under Anti-Discrimination Act 1991, s 144
• 106 Principal registrar to give copy of reasons for decision to human rights commissioner and parties
• 107 Notice of appeal to human rights commissioner

PART 13 - PROCEEDINGS UNDER GUARDIANSHIP AND ADMINISTRATION ACT 2000

• 108 Interpretation of this part
• 109 Additional general requirement for making application
• 110 Other additional requirements for application for appointment of guardian or administrator
• 111 Other additional requirements for application for declaration about capacity
• 112 Other additional requirements for application for consent to special health care
• 113 Other additional requirements for application to register a registrable order

PART 14 - PROCEEDINGS UNDER LEGAL PROFESSION ACT 2007

• 114 Interpretation of this part
• 115 Making a discipline application
• 116 Transferring discipline application

PART 15 - PUBLIC EXAMINATIONS

• 117 Copy of application to be given to all concerned

PART 16 - PROCEEDINGS UNDER THE TRANS-TASMAN PROCEEDINGS ACT 2010 (CWLTH)

• 118 Application for order for use of audio link or audiovisual link
• SCHEDULE - Dictionary