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 applicant?
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 a landlord or rooming accommodation provider wants to appear?
There are also special rules about how a landlord in a residential tenancy case or a rooming accommodation provider may appear.
Lessor
A lessor can authorise an agent to stand in their place before QCAT for any application that relates to the residential tenancy.
However, if they are going to do this, the lessor must provide the agent’s name and address to the tenant before a tenant starts occupying a premises, or on the first day that they occupy a premises. If an agent is standing in place of a lessor, they are appearing as if they are the lessor. This means that:
- a tenant can make an application against the agent
- QCAT can make an order against the agent
- the agent may settle the matter as if the agent were the lessor
Rooming accommodation provider
A provider who provides rooming accommodation to residents can also authorise an agent to stand in their place before QCAT for any application relating to the provision of rooming accommodation. However, if they are going to do this, the provider must provide the agent’s name and address to the resident before a resident starts occupying a premises, or on the first day that they occupy a premises.
If an agent is standing in place of a provider, they are appearing as if they are the provider. This means that:
- a resident can make an application against the agent
- QCAT can make an order against the agent
- the agent may settle the matter as if the agent were the provider
Where can I get legal advice and support?
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?
To make an application for leave to be represented, please apply below:
Apply for leave to be presented
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 online (Brisbane only)
If you live in Brisbane, QCAT now offers an online portal for you to securely file applications, referrals or documents electronically, view, manage and respond to your case. This fully-digital case management system makes filing and managing your case easier and more accessible by allowing you to:
- view case information and documents 24 hours a day, 7 days a week; access via desktop, laptop, mobile phone, and tablet
- receive case updates and notifications in real time
- lodge documents any time on any day of the week
| QCase online portal | https://case.courts.qld.gov.au/ |
4. Complete and lodge this form (outside of Brisbane)
If you live outside of Brisbane, or you cannot access the online portal, you can make an application for permission to be represented by a legal practitioner or other representation by clicking 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.
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 three copy in one of the following ways:
| Email to the QCAT Brisbane registry (if the matter is listed in Brisbane)* | enquiriesQCAT@justice.qld.gov.au |
|---|---|
| Email to your local Magistrates Court (if the matter is listed outside of Brisbane)* | Click here to find a list of Queensland Magistrates Courts. |
| In person or via mail to your local Magistrates Court* | Click here to find a list of Queensland Magistrates Courts. |
| In person at the Brisbane registry | Queensland Civil and Administrative Tribunal Floor 11, 259 Queen Street Brisbane Qld 4000 |
| Mail to the Brisbane registry | Queensland Civil and Administrative Tribunal GPO Box 1639 Brisbane Qld 4001 |
*If your matter relates to a tenancy dispute your evidence/response should be submitted to the courthouse nearest the rental property.
| Form 56 – Application for leave to be represented | PDF File(729.8 KB) Apply Online |
The purpose of this form is to ask QCAT for permission to be represented in your matter.
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 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
