Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 50A

50A Decision by default for unliquidated damages

(1) This section applies if—

(a) a person has applied to the tribunal to recover an amount consisting of, or including, unliquidated damages from a person (the
"respondent" ); and

(b) an enabling Act that is an Act, or the rules, states 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 conditional on the assessment by the tribunal of the unliquidated damages.

(3) The application may also include a claim for—

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

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

(c) the fee paid for the application; and

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

(4) The principal registrar may decide the application.

(5) If a decision by default is given under subsection (4) —

(a) the decision is taken to be a final decision of the tribunal in the proceeding; and

(b) the tribunal must assess the unliquidated damages.

(6) 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.