Find out about appearing and being represented in QCAT proceedings.
Appearing at a QCAT proceeding
All parties involved in a matter before QCAT are expected to appear and represent themselves. If you are a party to a dispute you are required to attend and participate in proceedings unless QCAT directs otherwise. There are some exceptions if a party is an entity or there are joint applicants.
What if a party is an entity?
State government agencies, corporations or other entities (for example associations, partnerships and trusts), cannot physically appear before QCAT, so they need a person to appear for them. There are special rules about who can appear for these entities.
State government agencies may appear at QCAT through an employee, officer or member of the agency. State government agencies do not need permission from QCAT for these people to appear for them.
Corporations and other entities (for example, associations, partnerships and trusts) may appear at QCAT through an officer of the entity, who the corporation or entity authorises to act for it in the proceeding. An officer of the corporation or entity includes an employee of the corporation or entity. Corporations and other entities do not need permission from QCAT for these people to appear for them.
For example, the entity does not need QCAT’s permission for that officer to appear for them, if all the officers of a corporation or another entity are solicitors.
The entity does not need to get QCAT’s permission for that officer to appear for the entity, if an officer who is also a solicitor has already been given permission to represent the entity.
In all cases, whoever appears is not representing or acting on behalf of the party – they are appearing as the party.
Who is required to appear if there are joint applicants?
If more than one applicant applies to QCAT in a matter, one of those applicants may be nominated to appear for one, some or all of the other applicants. QCAT may require the applicant/s who are agreeing for another applicant to appear for them to complete a certificate of authority.
The certificate is contained within the FORM 56 – Application for leave to be represented form here.
If the party who will appear for the other parties is also a solicitor, they will first need QCAT’s permission to appear on behalf of the other parties, by applying for representation as set out further below.
What if I need support when appearing at QCAT?
QCAT allows parties to attend proceedings with a support person if required. The support person is not able to address QCAT on your behalf or speak during proceedings. However, they can be there during the proceeding to provide you with support.
If you wish to have a support person appear at proceedings with you, you should email QCAT before your proceeding date and provide the details of the support person appearing with you.
Alternatively, you can also apply for permission to have representation from a solicitor or another person in QCAT proceedings, as set out below.
Where can I get legal advice and support?
For legal advice:
- Contact the private solicitor of your choice
- Use Queensland Law Society’s Find a Solicitor service
- Contact Legal Aid Queensland on 1300 65 11 88
- Contact Community Legal Centres Queensland for details on your local community legal centre on 07 3392 0092
For assistance in legal proceedings:
LawRight’s Court and Tribunal Services
LawRight is an independent, non-profit community based legal organisation that coordinates pro bono legal services for individuals and community groups. Parties with proceedings in QCAT may be able to obtain assistance from LawRight’s Court & Tribunal Services to self-represent or in limited circumstances, be given representation.
If you are unsure whether you are eligible for assistance from LawRight or wish to make an enquiry, contact the service by phone on 07 3564 7561, or email at qcat.cts@lawright.org.au or writing to PO Box 12217, George Street QLD 4003.
To apply for help from LawRight, please complete this application form. If you are unable to complete the online form, contact LawRight to discuss alternative arrangements.
Community legal centres
Caxton Legal Centre
The Caxton Legal Centre is an independent, non-profit community organisation providing free legal and social work advice, assistance and referrals to the general public. Please note that the Caxton Legal Centre does not provide advice about building or other business and commercial disputes.
Youth Advocacy Centre
The Youth Advocacy Centre offers free confidential legal and welfare assistance to young people under 17 years who live in or around Brisbane. Telephone support is also provided to young people outside of Brisbane and throughout Queensland.
***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
