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 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
*Disclaimer – The above information was taken from the Queensland Civil & Administrative website as accurate in January 2023. If any changes are made by the court from that date they may not be reflected in this post.
