Queensland Consolidated Regulations

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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009

- Made under the Queensland Civil and Administrative Tribunal Act 2009
- As at 6 September 2019
- Reg 253 of 2009

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Philosophy
   4.      Dictionary

   PART 2 - PROVISIONS ABOUT TRIBUNAL GENERALLY

   5.      Divisions of tribunal etc.
   6.      Operation of divisions of tribunal etc.

   PART 3 - STARTING PROCEEDINGS

           Division 1 - Making application or referral generally

   7.      Form of application
   8.      Filing application for tenancy matters
   9.      Referring matter
   10.     Making application or referral if no approved form
   11.     Joint applications or referrals

           Division 2 - Starting proceeding as or against a partnership

   12.     Proceeding in partnership name
   13.     Disclosure of partners’ names

           Division 3 - Starting proceeding against a business

   14.     Starting proceeding against registered business name
   15.     Proceeding in business name if unregistered
   16.     Amendment as to parties if business name unregistered

           Division 4 - Acceptance or rejection of application or referral

   17.     Request for review of principal registrar’s decision
   18.     Conditions that may be imposed

           Division 5 - Notice of application or referral

   19.     Period within which notice must be given
   20.     Notice given by principal registrar for particular proceedings
   20A.    Additional notice requirements for proceedings about child protection matters
   21.     Alternative notice requirements for proceedings about persons with impaired capacity etc.
   22.     Notice not required to be given to referring person
   23.     Notice not required if it would contravene court or tribunal order

   PART 4 - FILING DOCUMENTS IN PROCEEDING

           Division 1 - How documents are filed

   24.     Filing documents generally
   25.     (Repealed)
   26.     Filing documents for minor debt claim
   27.     Responsibility for document electronically filed under r 26

           Division 2 - Requirements about filing documents

   27A.    Signing a document to be electronically filed
   28.     Only original document required to be filed for particular proceedings
   29.     Number of copies to be filed in other proceedings
   30.     Document filed by post must be accompanied by stamped envelope for return post

           Division 3 - Provisions about filed documents

   31.     When document is filed
   32.     Refusal to file document
   33.     Approved entity must be sent a copy of document electronically filed under r 26
   34.     Keeping etc. electronically filed documents
   35.     Copy of filed document to be given to other parties etc.

   PART 5 - SERVICE OF NOTICES OR OTHER DOCUMENTS

           Division 1 - Statement of address for service

   36.     Other parties to file statement of address for service
   37.     Amending statement of address for service

           Division 2 - Provisions about giving documents

   38.     Giving application for minor debt claim to other persons
   39.     Giving other documents to other persons
   40.     Substituted service
   41.     Informal service
   42.     Affidavit proving document was given

   PART 6 - RESPONDING TO APPLICATION OR REFERRAL AND COUNTER-APPLICATIONS

           Division 1 - Responses generally

   43.     No responses for particular minor civil disputes
   44.     General requirement for responses other than minor debt claim
   45.     General requirement for response for minor debt claim
   46.     Response to application or referral if proceeding against partnership
   47.     Response to application or referral if proceeding against business name

           Division 2 - Counter-applications

   48.     Respondent may make counter-application except for minor debt claim
   49.     Dealing with counter-application matters for minor debt claim
   50.     Requirements about counter-application
   51.     Conduct of proceeding if counter-application made

   PART 7 - PROVISIONS ABOUT PARTIES TO A PROCEEDING

           Division 1 - Appearance by party that is not an individual or by a group of applicants

   52.     Purpose and explanation of div 1
   53.     State agency
   54.     Corporation
   55.     Other entity
   56.     Joint applicants

           Division 2 - Persons who are disqualified from representing a party

   57.     Person who is or was a lawyer

   PART 8 - PRELIMINARY DEALINGS WITH PROCEEDINGS ETC.

           Division 1 - Withdrawing application or referral

   57A.    Notice of withdrawal if tribunal’s leave not required
   58.     Application for leave to withdraw application or referral
   59.     Notice of withdrawal of application or referral

           Division 2 - Decision by default

   60.     Form of application for debt or liquidated demand of money
   60A.    Form of application for unliquidated damages
   61.     Posting decision by default if application filed by post
   62.     Application for electronic decision by default for minor debt claim
   63.     Electronic decision by default for minor debt claim
   64.     Claiming particular amounts for decision by default

           Division 3 - Settlement and accepted offers to settle

   65.     Offer must be written and may be open or closed
   66.     Expiry of offer
   67.     Acceptance of offer
   68.     Amendment of order giving effect to settlement

           Division 3A - Conciliation

   68A.    Notice of conciliation
   68B.    Parties must assist conciliator
   68C.    General powers of conciliator
   68D.    Other rules about conduct of conciliation
   68E.    Outcome of conciliation

           Division 4 - Compulsory conference

   69.     Notice of conference

           Division 5 - Mediation

   70.     Notice of mediation
   71.     Parties must assist mediator
   72.     General powers of mediator
   73.     Other rules about conduct of mediation
   74.     Outcome of mediation

           Division 6 - Directions

   75.     Application for direction

   PART 9 - OTHER PROVISIONS ABOUT PROCEEDINGS

           Division 1 - Hearings etc.

   76.     Form of notice of hearing
   77.     When notice of hearing for minor debt claim given
   78.     Requiring person to produce document or thing or give information
   79.     Requiring person to attend hearing
   80.     Documents or things produced before hearing
   81.     Limited disclosure for minor debt claim
   82.     Procedure for expedited hearing

           Division 2 - Costs

   83.     Costs that may be awarded for minor civil dispute other than minor debt claim
   84.     Costs that may be awarded for minor debt claim
   85.     Additional power to award costs against respondent
   86.     Additional power to award costs if particular offers to settle rejected
   87.     Assessing costs

           Division 3 - Provisions about decisions

   88.     Giving decision
   89.     Application for renewal of final decision
   90.     Application for correction
   91.     Principal registrar to give notice of corrected decision
   92.     Application to reopen proceeding
   93.     Submissions for reopened proceeding

   PART 10 - APPEALS TO APPEAL TRIBUNAL

   94.     Application of pt 10
   95.     Appealing or applying for leave to appeal
   96.     Notice of application or appeal
   97.     Notice of transfer to Court of Appeal

   PART 11 - OTHER GENERAL PROVISIONS

   98.     Warrant for witness who does not attend as required
   99.     Punishment for contempt
   100.    Form and content of register of proceedings
   100A.   Approving entity for electronic filing

   PART 12 - PROCEEDINGS UNDER ANTI-DISCRIMINATION ACT 1991

   101.    Application for exemption
   102.    Additional requirement for application for review of decision about a complaint lapsing
   103.    Alternative requirements about statement of address for particular complaints
   104.    Giving copy of application for order under Anti-Discrimination Act 1991, s 144
   105.    Giving copy of order under Anti-Discrimination Act 1991, s 144
   106.    Principal registrar to give copy of reasons for decision to human rights commissioner and parties
   107.    Notice of appeal to human rights commissioner

   PART 13 - PROCEEDINGS UNDER GUARDIANSHIP AND ADMINISTRATION ACT 2000

   108.    Interpretation of this part
   109.    Additional general requirement for making application
   110.    Other additional requirements for application for appointment of guardian or administrator
   111.    Other additional requirements for application for declaration about capacity
   112.    Other additional requirements for application for consent to special health care
   113.    Other additional requirements for application to register a registrable order

   PART 14 - PROCEEDINGS UNDER LEGAL PROFESSION ACT 2007

   114.    Interpretation of this part
   115.    Making a discipline application
   116.    Transferring discipline application

   PART 15 - PUBLIC EXAMINATIONS

   117.    Copy of application to be given to all concerned

   PART 16 - PROCEEDINGS UNDER THE TRANS-TASMAN PROCEEDINGS ACT 2010 (CWLTH)

   118.    Application for order for use of audio link or audiovisual link
           SCHEDULE - Dictionary


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