QCAT update - counter applications and naming the parties

Two new developments since I presented the QCAT special one day event earlier this year throughout QLD

The Principal Registrar of QCAT has responded to my concerns for industry Click here and review my concerns (scroll down blog) where some registries are requiring the agency to be named separate on the paperwork to QCAT, and or will not allow lessor name represented by lessor. My suggestion as per the advice received, is to download and print the below fact sheet and take to the registry to show staff who try to direct your agency on how the paperwork is to be completed. 
 

How to identify the parties QCAT Fact sheet

Members of Real Estate Excellence will receive the above, plus more information in the August member update 

Members of Real Estate Excellence;  if you require any best practice advice or support on this matter, or any other matter, please email us.

Submissions instead of counter application. 

As per the following legislation, submissions can be written to tribunal instead of a counter application. Real Estate Excellence recommends that counter applications be done, particularly if there are monies being claimed against the tenant who has made application.

 From QCAT rules

 43 No responses for particular minor civil disputes

(1) A party to a proceeding for a minor civil dispute other than a minor debt claim can not respond to the application for the proceeding.

(2) Subrule (1) does not prevent the party from—

(a) making a counter-application; or

(b) giving the tribunal evidence in writing, or making

written submissions to the tribunal, in a way allowed by

the tribunal under section 95 of the Act.

From QCAT Act

95 Evidence

(1) The tribunal must allow a party to a proceeding a reasonable

opportunity to—

(a) call or give evidence; and

(b) examine, cross-examine and re-examine witnesses; and

(c) make submissions to the tribunal.

(2) Despite subsection (1)—

(a) the tribunal may refuse to allow a party to a proceeding

to call evidence on a matter if the tribunal considers

there is already sufficient evidence about the matter

before the tribunal; and

(b) the tribunal may refuse to allow a party to a proceeding

to cross-examine a witness about a matter if the tribunal

considers—

(i) there is sufficient evidence about the matter before

the tribunal; and

(ii) the evidence has been sufficiently tested by

cross-examination; and

(c) for an expedited hearing under section 94,

cross-examination or re-examination of witnesses is at

the discretion of the tribunal, subject to the rules.

(3) Also, the tribunal may place time limits on the giving of

evidence and on the examination, cross-examination and

re-examination of witnesses.

(4) Evidence in a hearing—

(a) may be given orally or in writing; and

(b) if the tribunal requires, must be given on oath or by

affidavit.

(5) A member or adjudicator may administer or cause to be

administered an oath for the purpose of taking evidence at a

hearing.

(6) A child can not be compelled to take an oath.