Queensland Consolidated Acts

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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SCHEDULE 2

SCHEDULE 2 – Subject matter for rules

1 Functions of principal registrar and registrars

The functions of the principal registrar and registrars.

2 Divisions and lists of the tribunal

(1) Establishing divisions of the tribunal and lists within the divisions.
(2) Operational and procedural matters about the lists within the divisions of the tribunal.

3 Constitution of the tribunal

(1) Constitution of the tribunal for particular classes of matters.
(2) The hearing and deciding of matters by an adjudicator.

4 Starting proceedings

(1) Applications or referrals to the tribunal, including, for example—
(a) the form of the application or referral; and
(b) the way applications or referrals by groups of individuals or businesses are to be made.
(2) Bringing proceedings against a person who carries on a business under a name other than the person’s own name, whether or not the name is—
(a) registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or
(b) held under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or
(c) held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.
(3) The conditions that may be imposed on the acceptance of an application or referral under chapter 2 , part 3 , including, for example—
(a) requiring that notice of the application or referral be given to a stated person in a stated way; and
(b) requiring that the application or referral be amended in a stated way and the amended application or referral be filed in the registry within a stated period.

5 Transfers of matters and appeals

Matters to be taken into account for, and the regulation of—

(a) the transfer of a matter from the tribunal to another tribunal, a court or another entity under section 52 ; or
(b) the transfer of an appeal from the appeal tribunal to the Court of Appeal under section 144 .

6 Representation

(1) How a party that is not an individual may appear before the tribunal.
(2) Parties who may be represented by someone else in a proceeding.
(3) Persons who are disqualified from representing a party to a proceeding.
Note—
See section 224 (3) for who may be disqualified from representing a party to a proceeding.

7 Service of notices or other documents

(1) Additional persons who must be given a notice or other document under this Act or an enabling Act.
(2) The period within which a notice or document must be given.
(3) The way a notice or document must or may be given, including substituted service.
(4) Exemption from the requirement to give a copy of an application or referral to a particular person.

8 Responses to applications

Responses to an application or referral to the tribunal, including—

(a) restrictions on the making of responses for particular classes of matters; and
(b) the way a response must be made, including, for example, the way a response to a proceeding brought against a person under a name other than the person’s own name must be made; and
(c) the period within which a response must be made.

9 Ending proceedings early

(1) Ending a proceeding or a part of a proceeding early, including, for example, the following—
(a) withdrawal of an application or referral;
(b) withdrawal of a response to an application or referral;
(c) dismissal or striking out of a proceeding or a part of a proceeding, or deciding of a proceeding early, including how an application for the dismissal, striking out or decision must be made;
(d) decisions by default, including how an application for a decision by default must be made;
(e) agreements to settle arising out of a compulsory conference or mediation;
(f) offers to settle and acceptance of offers to settle.
(2) Rules under subsection (1) (a) may provide for the following—
(a) the applicant giving written notice of the withdrawal to other parties to the proceeding;
(b) tribunal orders requiring the applicant to pay all, or a part of, the costs of other parties to the proceeding;
(c) refunding fees for the application or referral.

10 Documents or evidence to be filed or produced

(1) Documents required to be filed in the registry before a compulsory conference, mediation or a hearing of a proceeding.
(2) Documents or evidence required to be produced at a compulsory conference, mediation or a hearing of a proceeding.

11 Disclosure

Disclosure by parties and non-parties, including disclosure and inspection of documents.

12 Evidence

The taking of evidence, including—

(a) the way evidence may be given (including the use of technology); and
(b) notices to attend and produce documents; and
(c) statements and the use of correspondence; and
(d) alternative ways the tribunal may inform itself; and
(e) calling witnesses.

13 Compulsory conferences

Compulsory conferences generally, including—

(a) the way a compulsory conference must be conducted; and
(b) confidentiality agreements.

14 Mediation

Mediation generally, including—

(a) the persons who are appropriate to be a mediator by reference to qualifications and experience; and
(b) the way mediation must be conducted; and
(c) confidentiality agreements.

14A Conciliation

Conciliation generally, including—

(a) the persons who are appropriate to be a conciliator by reference to qualifications and experience; and
(b) the way conciliation must be conducted; and
(c) confidentiality agreements.

15 Reserved decisions

The period for which the tribunal may reserve its decision in a proceeding.

16 Hearings

(1) The way an expedited hearing must be conducted.
(2) The form or content of notices of a hearing.

17 Costs

Costs generally, including—

(a) additional circumstances for which costs may be awarded; and
(b) the way costs are to be assessed, including by reference to a scale of costs; and
(c) the way security for a party’s costs must be given and the way the security must be dealt with if the tribunal makes an order requiring the party to pay all or a part of the costs of another party.

18 Renewing final decision

Practices and procedure for renewing the tribunal’s final decision in a proceeding under chapter 2 , part 7 , division 5 , including, the period within which, and the way, a party to a proceeding may apply to the tribunal for a renewal of the final decision.

19 Correcting mistakes

Correcting mistakes under section 135 , including the way, and the period within which, a party may apply to the tribunal to make the correction.

20 Reopening proceedings

Practices and procedure for hearing and deciding a proceeding that has been reopened under chapter 2 , part 7 , division 7 , including—

(a) the period within which, and the way, a party to a proceeding may apply to the tribunal for the proceeding to be reopened; and
(b) the period within which a party to a proceeding may make written submissions in response to an application of another party for the proceeding to be reopened.

21 Appeals

(1) Giving of leave to appeal.
(2) Appeals generally, including the way they must be heard.

22 Applying court rules about contempt

The application of the Uniform Civil Procedure Rules 1999 to the tribunal punishing a contempt under section 219 , including changes to the rules to apply them to the tribunal.

23 Register of proceedings

The register of proceedings kept under section 229 , including—

(a) the form and content of the register; and
(b) procedures for inspecting the register or obtaining copies of a part of the register.

24 Electronic transmissions etc.

Filing, receipt, service, issue or transmission electronically of approved forms and other documents and material for use in, or in connection with, proceedings, including electronic representations or equivalents of seals, stamps and signatures and their validity.



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