Find out about appearing and being represented in QCAT proceedings.
Representation at a QCAT proceeding
Parties do not need QCAT’s permission to get legal advice or assistance. Solicitors can help parties collect and prepare evidence, write submissions, and prepare for proceedings without needing QCAT’s permission.
QCAT’s permission is only required when a party wants a legal practitioner or another person to represent them and appear at QCAT proceedings on their behalf.
When is permission from QCAT not required to be represented?
There are circumstances where a party does not require permission to be represented.
A party has the right to have a solicitor or other representation, without applying to QCAT for permission, if any of the following apply:
- they are a child or person who has impaired decision-making
- the matter relates to disciplinary proceedings, including review of a disciplinary decision
- the enabling Act related to the matter or rules allows it
When is permission from QCAT required to be represented?
For all other matters and persons, you must apply for permission to be represented unless QCAT directs otherwise.
QCAT will only give permission for a party to be represented if it is in the interests of justice to do so.
QCAT may consider any of the following in deciding an application for representation:
- if the party seeking permission is a state government agency
- if the proceeding is likely to involve complex questions of fact or law
- if another party is being represented
- if all of the parties have agreed to a party being legally represented
- any other relevant factors
Can any person represent me in proceedings or only a solicitor or lawyer?
A party may have a legal practitioner or another person appear for them. If the representative is not a legal practitioner, QCAT must be satisfied they are appropriate to represent the party.
In some circumstances, legal practitioners who have been subject to disciplinary proceedings and found guilty of professional misconduct or unsatisfactory professional conduct are disqualified from representing a party at QCAT.
A corporation must provide a certificate of authority to show the proposed representative is appropriate which is contained in the application when you apply to QCAT.
How do I apply for permission to be represented in QCAT proceedings?
1. Before you apply to QCAT
You can apply for permission to be represented if you are an applicant, respondent, or active party in a proceeding before QCAT. It is important that parties tell QCAT in detail why they want to be represented.
Before you apply, please ensure you have read the above information and understand the differences between appearance and representation. Please ensure you understand that you do not need QCAT’s permission to get legal advice or assistance.
Before applying you must also ensure the request you are making is clear and concise. You must provide sufficient reasons with supporting material (if required) as to why the request should be granted.
2. Fees
There is no prescribed fee to make this application.
3. Complete and lodge this form
To make an application for permission to be represented by a legal practitioner or other representation, you can click the link below and complete the online form or lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
Form 56 – Application for leave to be represented
The purpose of this form is to ask QCAT for permission to be represented in your matter.
4. How to lodge your application for representation
When filing your application via our online service you do not need to file any extra copies.
When filing the application in hard copy, you are required to file the application and supporting material along with one copy in one of the following ways:
| In person | Queensland Civil and Administrative Tribunal Floor 11, 259 Queen Street Brisbane Qld 4000or at any local Magistrates Court |
|---|---|
| Mail to | Queensland Civil and Administrative Tribunal GPO Box 1639 Brisbane Qld 4001 |
5. Giving your application to other parties
If you file an application for permission to be represented via QCAT’s online service, copies of your application will be sent back to you to serve. You must give a copy of the application to each party and notify QCAT that you have done so.
If you file your application for permission to be represented via hard copy, at the time of filing your application at QCAT, you should also immediately give a copy of the application to the other parties. You must give a copy of the application to each party in the dispute.
You must provide evidence to QCAT that you have given the other parties your application. For example, if you email the application to QCAT ensure you copy the other parties into the email so QCAT can identify you have served all parties.
If you have given your application in hard copy to the other parties, notify QCAT in a cover letter when you file the application with QCAT.
6. What happens next?
After you have submitted your application for representation, QCAT will seek the views of the other parties if you have not already done so.
QCAT will then consider the application and decide whether to grant your request.
Once QCAT has made a decision, QCAT will email or post you a copy of the directions or decision with the outcome.
***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
