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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 47
Dismissing, striking out or deciding if unjustified proceeding or part
47 Dismissing, striking out or deciding if unjustified proceeding or part
(1) This section applies if the tribunal considers a proceeding or a part of a
proceeding is— (a) frivolous, vexatious or misconceived; or
(b) lacking in
substance; or
(c) otherwise an abuse of process.
(2) The tribunal may— (a)
if the party who brought the proceeding or part before the tribunal is the
applicant for the proceeding, order the proceeding or part be dismissed or
struck out; or
(b) for a part of a proceeding brought before the tribunal by
a party other than the applicant for the proceeding— (i) make its final
decision in the proceeding in the applicant’s favour; or
(ii) order that
the party who brought the part before the tribunal be removed from the
proceeding; or
(c) make a costs order against the party who brought the
proceeding or part before the tribunal to compensate another party for any
reasonable costs, expenses, loss, inconvenience and embarrassment resulting
from the proceeding or part. Note— See section 108 for the tribunal’s
power to order that the costs be paid before it continues with the proceeding.
(3) The tribunal may act under subsection (2) on the application of a party to
the proceeding or on the tribunal’s own initiative.
(4) The tribunal’s
power to act under subsection (2) is exercisable only by— (a) the tribunal
as constituted for the proceeding; or
(b) if the tribunal has not been
constituted for the proceeding—a legally qualified member or an adjudicator.
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