The By Lawyers QCAT guide has been extensively reviewed and enhanced.
The Queensland Civil and Administrative Tribunal matter plan and commentary headings have been reordered for improved sequencing and searchability. New commentary and cases have been added on various topics including:
- The doubt over QCAT’s ability to deal with matters involving interstate parties or dealings. The High Court decision of Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns; New South Wales v Burns [2018] HCA 15 provides that state tribunals do not have jurisdiction to decide disputes where the parties reside in separate states, unless they are constituted as a state court. The commentary discusses the doubt over whether QCAT is constituted as a state court, including the recent case of Spedding Estates Pty Ltd ATF The Spedding Family Trust v Cotterill & Downie [2022] QCATA 3 where the tribunal decided it does not have jurisdictional limits.
- Joinder, including recent cases, to assist practitioners advising clients who are seeking to join parties, or resist being joined.
- Early strike-out and dismissal of proceedings.
- Costs and the factors taken into account when the tribunal is asked to make a costs order.
- Particular matter types dealt with by QCAT, namely, building disputes, consumer disputes, debt recovery, dividing fences and tree disputes, and retail shop lease disputes.
Commentary on specific matter types in the QCAT guide includes helpful links to the relevant legislation such as:
- for building disputes, links to the Queensland Building and Construction Commission Act 1991;
- for consumer disputes, links to the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
- for dividing fences and tree disputes, links to the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011;
- for retail tenancy, links to the Retail Shop Leases Act 1994.
These enhancements to the By Lawyers QCAT guide assist practitioners in advising clients and conducting matters in the tribunal’s civil disputes division.