Debt disputes
Once a minor debt application has been served, the other party has 28 days to file a response. You can respond to a minor debt dispute online.
OR complete and lodge a Form 7 – Response to minor civil dispute – minor debt (PDF, 415.8 KB).
If the other party fails to lodge a response within 28 days of being served with the application, you can apply to QCAT to make a decision by default using Form 6 – Request for decision by default – minor civil dispute – minor debt(PDF, 340.0 KB).
A decision by default means a decision on your case will be made by QCAT from the paperwork received. You will not be required to attend mediation or a hearing.
Building disputes
Once a building dispute application has been served, the respondent has 14 days to file a response using Form 36 – Response and/or counter-application (PDF, 298.0 KB).
Unliquidated damages
If the respondent does not file a response within 14 days, the applicant can apply for a decision by default for unliquidated damages using Form 50 – Request for decision by default – unliquidated damages (PDF, 356.5 KB). The applicant needs to provide the basis of calculations for unliquidated damages.
Unliquidated damages do not refer to a specific or agreed amount. The damages are for a sum of money which cannot be determined without consideration, by the Tribunal, of the applicant’s evidence in support of the claim. For example, a homeowner had an agreement with a builder for $100,000. The builder then provided quotations for additional work, but an agreement was not made. The builder completed the work and the homeowner has refused to pay. The builder applies to QCAT seeking payment for the additional work (unliquidated damages). For more information refer to Practice Direction 2010/9 Directions for decisions by default – unliquidated damages. (PDF, 127.1 KB). Practice directions are guidelines which provide more information on Tribunal processes.
Liquidated damages
If the other party fails to lodge a response within 14 days of being served with the application, you can apply to QCAT to make a decision by default using Form 37 – Request for a decision by default in matters other than minor civil dispute (PDF, 297.5 KB). An Affidavit in support of a request for a decision by default (PDF, 303.1 KB) must be provided with Form 37.
Liquidated damages refer to specific agreements or sums of money.
A decision by default means a decision on your case will be made by QCAT from the paperwork received. You will not be required to attend mediation or a hearing.
What if a default decision has been made about me?
You can apply to have the decision set aside using Form 55 – Application to set aside or amend a default decision. You will need to explain in your application why a response was not filed in time and your response to the original application.
The tribunal will review the request and all parties will be advised of the outcome. If the default decision is set aside then the original application will be scheduled for mediation or a hearing.
*Disclaimer – The above information was taken from the Court website as accurate in August 2022. If any changes are made by the court from that date they may not be reflected in this post.
