Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 50

50 Decision by default for debt or liquidated demand of money

(1) This section applies if—

(a) a person has applied to the tribunal to recover a debt or liquidated demand of money from a person (the
"respondent" ); and

(b) an enabling Act that is an Act or the rules state that the respondent must respond to the application within a stated period; and

(c) the respondent has not responded to the application within the stated period.

(2) The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default for an amount limited to—

(a) the amount claimed in the application starting the proceeding; and

(b) interest on the amount claimed at the rate the tribunal considers appropriate; and

(c) either—

(i) for an application for a minor civil dispute—costs stated in the rules as costs that may be awarded for minor civil disputes under section 102 ; or

(ii) for an application other than for a minor civil dispute—

(A) the fee paid for the application; and

(B) legal costs based on a scale stated in the rules.

(3) If the applicant applies for a decision by default under this section the principal registrar may make the decision.

(4) A decision by default given under subsection (3) is taken to be a final decision of the tribunal in the proceeding.

(5) The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section.