Queensland Consolidated Regulations

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009 - REG 10

10 Making application or referral if no approved form

(1) This rule applies if there is no approved form for—

(a) an application to the tribunal to deal with a particular matter; or

(b) the referral to the tribunal of a particular matter.

(2) The application or referral must—

(a) be made in writing; and

(b) be signed by the applicant; and

(c) contain the following—

(i) the applicant’s name and contact details;

Note—

See rule 11 (3) to (5) for applications or referrals made by joint applicants.

(ii) if the applicant is not an individual—the name and contact details of the person who is to appear for the applicant as allowed under part 7 , division 1 ;

(iii) if the applicant has a representative—the name and contact details of the representative;

(iv) the name of the respondent to the application or referral and the respondent’s contact details that are known to the applicant;

(v) the type of application or referral being made and the reasons or grounds for it, including the provision of the Act or enabling Act under which it is made;

(vi) the tribunal decision or other remedy sought and the reasons for seeking it; and

(d) for an application for a minor debt claim—include a statement of—

(i) the amount or amounts claimed (including interest and, if the applicant wants to claim it, the filing fee for the application); and

(ii) how the amount is worked out and came to be owing; and

(e) subject to paragraph (f) , for an application for recovering a debt or liquidated demand of money from a person—include a statement telling the respondent—

(i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and

(ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50 of the Act ; and

(f) for an application claiming recovery of an amount consisting of, or including, unliquidated damages from a person—include a statement telling the respondent—

(i) a response to the application must be made within the period applying to the application under rule 44 or 45 ; and

(ii) that if the respondent does not respond to the application within the period mentioned in subparagraph (i) , a decision by default may be made against the respondent under section 50A of the Act ; and

(g) contain, or be accompanied by, the applicant’s statement of address.

Note—

Under section 33 of the Act , the application must state the reasons for the application and be filed.