Understand what your options are when a minor civil dispute application has been made against you and how you can respond.
QCAT may require you to file a response if you are named as a respondent in a matter, so QCAT can consider your points of view.
In most minor civil cases, the respondent has the option to provide a response to the initial application. The respondent also has the option to lodge a counter application against other parties.
In certain minor civil cases such as minor debt disputes, the respondent must provide a response to the application. If you do not respond within a certain timeframe, there may be a risk QCAT will make a decision in favour of the applicant without further notice to the respondent.
The below information will help you to understand what you need to do to respond to a QCAT minor civil dispute application.
What is a response?
A response is your written position in relation to the applicant’s application – that you accept or dispute the issues or facts raised by the applicant. You may also file supporting material for your position with your response.
What is a counter application?
A counter application is an application made by the respondent against the applicant or another party. You are making your own QCAT application against the applicant or another party rather than just accepting or disputing the applicant’s claims. A counter application can only be submitted in certain case types.
If the counter application involves a person who is not a party to the current application, QCAT can make a decision to join the new party to the proceedings if required after your counter application is made. If the counter application involves a person who is a party to the current application, QCAT can join the application together. This means the claims may be heard and decided together.
*Please note that it is not necessary to make a counter application. Making a counter application is optional. A counter application can only be submitted in tenancy, consumer/trader and dividing fence disputes. You cannot submit a counter application in a minor debt dispute. You will be charged a fee for making a counter application.
What should I do if the Applicant has not given me a copy of the initiating application?
If you find out that you are named as a respondent (for example through social media, friendship or networks, or being informed by another party or the applicant) and the applicant has not given you a copy of the initiating application, please notify QCAT immediately.
QCAT can direct the applicant to give you a copy of the application or make other orders in relation to giving the application if required.
Do I have to respond to the application and are there time limits?
In some minor civil cases, you may need to respond within certain timeframes otherwise QCAT may make a decision in favour of the applicant without further notice to the respondent.
Filing a response in minor debt disputes
If your case relates to a minor debt dispute, the respondent has 28 days from the date they were served with the application to file a response to the minor debt application. To do this each respondent must complete a Form 7 Response to minor civil dispute – minor debt at the bottom of this page.
You cannot file a counter application in a minor debt dispute.
Filing a response or counter application in all other minor civil dispute cases
If your case relates to a tenancy, consumer/trader or dividing fence dispute you are not required to file a response. You can file any reply or evidence to support your side of the argument up 7 days before the date of your hearing. Please do not wait till the day of the hearing to give the other party your material you wish to rely upon.
If your case relates to a tenancy, consumer/trader or dividing fence dispute you can file a counter application. A counter application must be filed as soon as possible prior to the hearing but there is no time limit to file a counter application.
You must give a copy of any reply, evidence or counter application to QCAT and to the other parties to the dispute.
What happens if I do not respond to the application or referral?
As the respondent, if you do not respond to the initial application filed by the applicant there are certain actions that may be made against you depending on your matter type.
Minor Debt applications only
If an application for minor debt is filed against you and you have not responded within the required timeframe of 28 days, the applicant can lodge a decision by default request. Essentially the application asks QCAT to make a decision in favour of the applicant immediately.
The decision by default will be enforceable against you in the courts.
If a decision by default is made, you can apply to QCAT to have the decision by default set aside. You will need to explain in your application why a response was not filed in time and provide your response to the original application. QCAT will review the request and all parties will be advised of the outcome. If QCAT decides to set the default decision aside then the original application will be scheduled for further tribunal proceedings.
All other minor civil disputes
If a party does not respond to the application, QCAT will determine what happens next. You risk decisions being made in your absence by QCAT, if you do not reply and provide your evidence in response to the initial application filed by the applicant.
In all minor civil disputes except for minor debt disputes, if you do not respond to the initial application the matter will still proceed.
Do I need to provide evidence with my response and/or counter application form?
You may attach evidence with your response and/or counter application if you wish to.
QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions. However, this does not stop the parties from resolving their dispute privately or discontinuing the matter.
Formally responding to a dispute can take time and resources. Consider if you can resolve the dispute with the applicant and other parties involved.
Parties can resolve the dispute independently by approaching the person you are in dispute with and negotiating a solution privately. If you are unable to reach an agreement between yourselves, you can contact your local Dispute Resolution Centre to assist with resolving the dispute informally. Please note that you can only do this in specific matter types.
If a resolution is reached the applicant can then withdraw their matter and the dispute will be closed by QCAT.
Please note in some cases, permission to withdraw your matter may be required by a QCAT decision-maker. If you wish to withdraw your matter, learn more about the withdrawal process here.
Respond to a minor debt application
1. Before you respond
When you complete the response form in a minor debt dispute, do the following:
- confirm if you admit or dispute the allegations in the application
- provide your reasons why you admit or dispute the allegations in the application
- include any supporting documentation or evidence as required
When responding to a minor debt application, you must file and serve your response within 28 days of receiving the original application.
A minor debt response must be given to all other parties in the matter.
2. Fees
There is no prescribed fee for lodging a response to a minor debt application.
3. Complete and lodge online
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 manually
If you cannot access the QCase portal, you can respond to a minor debt application using the below PDF. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
When filing a paper response (not online), you are required to file the response and supporting material along with three copies, plus one extra copy for every additional party named in the dispute, in one of the following ways:
| 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 |
| Form 7 – Response to minor civil dispute – minor debt | PDF File(460.9 KB) |
The purpose of this form is to respond to a minor debt dispute application.
5. Giving your response to the other parties
You are required to give a sealed copy of your minor debt response and supporting material when you receive it back from QCAT, to all parties named in the application within 28 days. If you do not give your response to the applicant a decision can be made against you in the case without any further notification.
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.
Make a counterapplication in a tenancy, consumer/trader or fence dispute
1. Before you lodge a counter application
If you are making a counter application in a tenancy dispute, when you apply ensure you:
- provide the reasons you rely on to make the counter application
- set out the facts you rely on to support the counter application
- include annexed (indexed and numbered) copies of all documents to support your counter application
Both parties involved in the same residential tenancy dispute can make an application against the other. For example, a tenant may claim the bond and the landlord may make a claim for compensation. Where this occurs, applications may be joined. This means the claims may be heard and decided together.
A counter application must be given to all other parties in the matter.
If you are making a counter application in a consumer/trader or dividing fence dispute, when you apply ensure you:
- provide the reasons you rely on to make the counter application
- set out the facts you rely on to support the counter application
- include annexed (indexed and numbered) copies of all documents to support your counter application
A counter application must be given to all other parties in the matter.
2. Fees
There is a prescribed fee for lodging a counter application. You must pay the prescribed fee when filing a counter application. Usually, it depends on how much is being claimed.
You must pay the appropriate counter application fee – (Credit card authorisation form for mail payments)
The fee payable for the counter-application will be the same as that for new matters.
3. Complete and lodge the below counter application form
To make a counter application in tenancy, consumer/trader and dividing fence cases please use the below form. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
| Form 8 – Minor civil dispute – counter application | PDF File(590.3 KB) |
The purpose of this form is to make a counter application in a minor civil dispute.
4. How to lodge your counter application
When filing a 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:
| 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 the counter application should be submitted to the courthouse nearest the rental property
Your counter application is not filed until it is sealed by QCAT (i.e. stamp it 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 counter application to the other parties
A counter application must be filed as soon as possible prior to the hearing, and a copy must be given to the other party.
Please note, you must give the other party a copy of any additional material filed at QCAT, in relation to your matter. This should be done as soon as possible. Please do not wait till the day of the hearing to give the other party your counter application or material you wish to rely upon.
Visit this page for further information on service requirements.
6. What happens next?
After you have submitted your counter application, QCAT will provide further instructions to the parties on the next steps in the process or list the matter for a hearing.
***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
