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QCASE – How do I respond or make a counter application?

To respond or make a counter application in a matter, please read the list below:

* Motor Vehicle response or counter claim

1. Before you respond

To respond to a motor vehicle dispute application and/or make a counter application please use the below form. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.

When you complete the response form, do the following:

  • provide the reasons you are disputing the allegations made by the applicant
  • use numbered paragraphs which are cross-referenced to the paragraphs in the applicant’s application
  • include a clear outline of the history and nature of the dispute

If making a counter application:

  • set out the facts you rely on to support the counter application
  • annexed (indexed and numbered) copies of all documents to support your counter application
  • provide the reasons you rely on to make the counter application

Please ensure you consider and pay the relevant fees if you are making a counter application.

A response and/or counter application must be given to all other parties in the matter.


2. Fees

There is no prescribed fee for lodging a response to an application.

There is a prescribed fee for lodging a counter application. You must pay the prescribed fee when filing a counter application. Usually, it is the same amount as the initiating application.

You must pay the appropriate counter application fee – (Credit card authorisation form for mail payments)


3. Complete and lodge the below response and/or counter application form

Form 60 – Motor Vehicle Dispute Response Counter Claim

The purpose of this form is to respond or make a counter application in a motor vehicle dispute only.

PDF File(981.9 KB)

4. How to lodge your response and/or counter application

When filing a response and/or counter application, you are required to file the application and supporting material along with 3 copies plus one extra copy for every additional party named in the application in one of the following ways:

Emailenquiries@qcat.qld.gov.au
 In personQueensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000or at any local Magistrates Court
 Mail toQueensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

Your response and /or counter application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your response and/or counter application form will then be sent back to you to give to the other party/s. You can also keep a copy for your personal records.


5. Giving your response and/or counter application to the other parties

You are required to give a copy of your response and/or counter application and supporting material to all parties named in the application within 28 days or as otherwise directed by QCAT.

Visit this page for further information on service requirements.


6. What happens next?

After you have submitted your response and/or counter application, if not already issued, QCAT will provide further instructions to the parties on the next steps in the process.

Learn more about the civil process and preparing your case here.

* Tree dispute response

1. Before you respond

To respond to tree dispute application please use the below form. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.

When you complete the response form, do the following:

  • provide the reasons you are disputing the allegations made by the applicant
  • use numbered paragraphs which are cross-referenced to the paragraphs in the applicant’s application
  • include a clear outline of the history and nature of the dispute

A response must be given to all other parties in the matter.


2. Fees

There is no prescribed fee for lodging a response to an application.


3. Complete and lodge the below response form

Form 52 – Response to application for a tree dispute – Neighbourhood Disputes (Dividing Fences and Trees) Act 2011

The purpose of this form is to respond to a tree dispute only.

PDF File(334.0 KB)

4. How to lodge your response

When filing a response, you are required to file the response and supporting material along with 3 copies plus one extra copy for every additional party named in the application in one of the following ways:

Emailenquiries@qcat.qld.gov.au
 In personQueensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000or at any local Magistrates Court
 Mail toQueensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

Your response is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your response form will then be sent back to you to give to the other party/s. You can also keep a copy for your personal records.


5. Giving your response to the other parties

You are required to give a copy of your response and supporting material to all parties named in the application within 28 days or as otherwise directed by QCAT.

Visit this page for further information on service requirements.


6. What happens next?

After you have submitted your response, if not already issued, QCAT will provide further instructions to the parties on the next steps in the process.

Learn more about the civil process and preparing your case here.

* Discrimination Complaint Response

1. Before you respond

To respond to a discrimination complaint with contentions please use the below form. Carefully read the form instructions, answer each question and tick an appropriate box when prompted. In discrimination matters, usually QCAT will direct you when you need to file this form.

When you complete the response contentions form, do the following:

  • state which facts you agree with, do not agree with or are disputed
  • set out any defence or exemption relied upon
  • read the form for further details on information you can include to support your response

A response must be given to all other parties in the matter.


2. Fees

There is no prescribed fee for lodging a response to a discrimination complaint.

3. Complete and lodge the below response form

Respondent’s contentions on referral under the Anti-Discrimination Act 1991

The purpose of this form is to respond to a discrimination referral (complaint) only.

PDF File(394.0 KB)

4. How to lodge your response

When filing a response, you are required to file the response and supporting material along with 3 copies plus one extra copy for every additional party named in the referral in one of the following ways:

Emailenquiries@qcat.qld.gov.au
 In personQueensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000or at any local Magistrates Court
 Mail toQueensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

Your response is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your response form will then be sent back to you to give to the other party/s. You can also keep a copy for your personal records.


5. Giving your response to the other parties

You are required to give a copy of your response and supporting material to all parties named in the application within 28 days or as otherwise directed by QCAT.

Visit this page for further information on service requirements.


6. What happens next?

After you have submitted your response, if not already issued, QCAT will provide further instructions to the parties on the next steps in the process.

Learn more about the civil process and preparing your case here.

* Response or counter-claim – all other matter types

1. Before you respond

Before you respond to an application or referral and/or make a counter application in all other civil matters please use the below generic form depending on your case type. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.

When you complete the response form, do the following:

  • provide the reasons you are disputing the allegations made by the applicant
  • use numbered paragraphs which are cross-referenced to the paragraphs in the applicant’s application
  • include a clear outline of the history and nature of the dispute

If making a counter application:

  • set out the facts you rely on to support the counter application
  • annexed (indexed and numbered) copies of all documents to support your counter application
  • provide the reasons you rely on to make the counter application

Please ensure you consider and pay the relevant fees if you are making a counter application.

The fee payable for the counter-application will be the same as that for new cases.

A response and/or counter application must be given to all other parties in the case.



2. Fees

There is no prescribed fee for lodging a response to an application.

There is a prescribed fee for lodging a counter application. You must pay the prescribed fee when filing a counter application. Usually, it is the same amount as the initiating application.

You must pay the appropriate counter application fee – (Credit card authorisation form for mail payments)


3. Complete and lodge the below response and/or counter application form

Form 36 – Response and/or counter-application

The purpose of this form is to respond or make a counter application in all other civil matters.

PDF File(311.8 KB)

4. How to lodge your response and/or counter application

When filing a response and/or counter application, you are required to file the application and supporting material along with 3 copies plus one extra copy for every additional party named in the application in one of the following ways:

Emailenquiries@qcat.qld.gov.au
 In personQueensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000or at any local Magistrates Court
 Mail toQueensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

Your response and /or counter application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your response and/or counter application form will then be sent back to you to give to the other party/s. You can also keep a copy for your personal records.


5. Giving your response and/or counter application to the other parties

You are required to give a copy of your response and/or counter application and supporting material to all parties named in the application within 28 days or as otherwise directed by QCAT.

As noted above, for one of the following prescribed disputes, you must file and give a copy of the response and/or counter application to the applicant no later than fourteen (14) days after you were given a copy of the initiating application or referral.

  • A building dispute under the Queensland Building and Construction Commission Act 1991;
  • Referral for recovery of debt under the Queensland Building and Construction Commission Act 1991;
  • Application made under the Domestic Building Contracts Act 2000;
  • Application made under the Body Corporate and Community Management Act 1997.

Visit this page for further information on service requirements.


6. What happens next?

After you have submitted your response and/or counter application, if not already issued, QCAT will provide further instructions to the parties on the next steps in the process.

Learn more about the civil process and preparing your case here.

***Disclaimer – The above information was taken from the Queensland Civil and Administrative Tribunal website as accurate in October 2024. If any changes are made by the court from that date they may not be reflected in this post

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