QCAT Disputes: How the Queensland Civil and Administrative Tribunal Works

If you live or work in Queensland, you have likely heard people mention the Queensland Civil and Administrative Tribunal, commonly known as QCAT. Friends, colleagues, neighbours, and even your local barista may have referred to QCAT when talking about disputes, tenancy issues, or consumer complaints.

This often leads to the same questions:

• What is QCAT and how does it work?
• What types of disputes does QCAT hear?
• Do I need a lawyer for a QCAT matter?
• Can a lawyer represent me at QCAT?

This article answers the most common questions about the Queensland Civil and Administrative Tribunal. It also explains when legal advice can help and what to expect if you are involved in a QCAT proceeding.

If you are dealing with a QCAT matter, early legal advice can make a significant difference to the outcome.

What Is the Queensland Civil and Administrative Tribunal (QCAT)?

The Queensland Civil and Administrative Tribunal is an independent tribunal established under the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

QCAT resolves a wide range of civil disputes and administrative reviews. Its primary purpose is to provide a forum that is accessible, efficient, and affordable for people across Queensland.

QCAT Jurisdictions Explained

QCAT operates under three main jurisdictions:

Original jurisdiction

QCAT makes the first decision in certain types of disputes, such as minor civil disputes and some residential tenancy matters.

Review jurisdiction

QCAT reviews decisions made by government agencies, regulatory authorities, or disciplinary bodies. In most cases, QCAT conducts the review afresh, meaning it reassesses the evidence and decision from the beginning.

Appeal jurisdiction

QCAT hears appeals from earlier QCAT decisions through the QCAT Appeals Tribunal.

How QCAT Resolves Disputes

QCAT aims to resolve disputes quickly and with minimal formality. It often uses alternative dispute resolution processes, including mediation. Mediation involves an independent mediator who helps the parties discuss their issues and explore possible solutions without proceeding to a formal hearing.

When Did QCAT Start?

QCAT commenced operation on 1 December 2009.

It replaced 18 separate tribunals and consolidated 23 different jurisdictions into a single civil and administrative tribunal. This change simplified dispute resolution across Queensland and improved consistency in decision making.

Who Runs QCAT?

QCAT forms part of the Queensland justice system.

The tribunal is led by:

• A President, who is a Judge of the Supreme Court of Queensland
• A Deputy President, who is a Judge of the District Court of Queensland

QCAT also includes:

• Members who hear and determine proceedings
• Adjudicators who decide minor civil disputes
• Registry staff who provide administrative and procedural support

What Types of Disputes Does QCAT Cover?

The Queensland Civil and Administrative Tribunal deals with a broad range of disputes, including but not limited to:

Civil and Commercial Matters

• Domestic and commercial building disputes
• Consumer and trader disputes up to $25,000
• Minor debt disputes up to $25,000
• Retail shop lease disputes
• Residential tenancy disputes

Government and Professional Reviews

• Reviews of decisions made by government agencies and regulatory authorities
• Disciplinary proceedings involving professionals such as health practitioners, lawyers, teachers, police officers, engineers, architects, and real estate agents

Personal and Community Matters

• Guardianship and administration matters for adults with impaired capacity
• Matters involving children and young people, including Blue Card decisions
• Discrimination complaints referred by the Queensland Human Rights Commission
• Neighbour disputes, including disputes about trees

Because QCAT covers such a wide range of matters, the process and complexity can vary significantly between cases.

How Does a QCAT Proceeding Start?

A QCAT proceeding begins when a party files an application or when a matter is referred to QCAT by another body.

After receiving the application or referral, a QCAT decision maker reviews the material and issues formal instructions known as directions.

Understanding QCAT Directions

Directions set out how the matter will proceed. They may require parties to:

• File evidence or submissions by specific dates
• Attend mediation or a directions hearing
• Prepare for a final hearing

Once QCAT issues directions, all parties must comply with the stated deadlines. Failure to comply can affect your case and, in some circumstances, result in the matter being dismissed or decided without further input.

Can QCAT Provide Legal Advice?

QCAT cannot provide legal advice.

Because QCAT is an independent tribunal, registry staff cannot advise you on your legal rights, prospects of success, or how to run your case.

If you need legal advice, you should speak with a qualified legal professional. Options include private law firms such as Potts Lawyers, Legal Aid Queensland, community legal centres, and legal referral services.

What Are the Benefits of Legal Advice in a QCAT Matter?

Although QCAT is designed to be accessible, many matters involve legal, procedural, or evidentiary issues that can affect the outcome.

A lawyer can help by:

• Explaining the QCAT process and what to expect
• Ensuring you file the correct type of application
• Assisting you to comply with QCAT directions and deadlines
• Preparing evidence and written submissions
• Advising on prospects of success and potential risks
• Helping you prepare for mediation or a hearing
• Advising whether you can lodge an appeal or counter application

Early advice often prevents costly mistakes and delays.

Can a Lawyer Represent Me at QCAT?

In most QCAT proceedings, parties represent themselves. However, there are important exceptions.

When Legal Representation Is Automatic

You are automatically entitled to legal representation if the proceeding involves:

• A child
• A person with impaired capacity
• A disciplinary proceeding or a review of a disciplinary decision

Requesting Permission for Legal Representation

In other cases, you may ask QCAT for permission to be represented by a lawyer.

QCAT may grant permission if:

• The other party is a state agency
• The matter is legally or factually complex
• The other party has legal representation
• All parties agree to legal representation

Having a lawyer present can be particularly valuable in complex or high value disputes.

How Potts Lawyers Can Help With QCAT Matters

QCAT disputes can feel overwhelming, especially if you are unfamiliar with tribunal procedures or legal requirements.

The civil litigation team at Potts Lawyers assists clients with QCAT matters across a wide range of jurisdictions. We provide clear advice, strategic guidance, and practical support to help you navigate the process with confidence.

We offer a 20 minute obligation free consultation to discuss your QCAT matter and explain your options.

You can contact Potts Lawyers on 07 5532 3133 or visit one of our offices on the Gold Coast or in Brisbane.

Take the Next Step

If you are involved in a Queensland Civil and Administrative Tribunal dispute, do not wait until problems arise. Early legal advice can protect your position and improve your prospects of success.

Contact Potts Lawyers today to speak with an experienced civil litigation lawyer about your QCAT matter.