Debt disputing
Once a minor debt application possessed been served, the different party has 28 days to file a response. You can respond till a minor debt dispute online.
OR completed and lodge a Formen 7 - Response to minor civil dispute – minor debt (PDF, 415.8 KB).
With the other party fails to lodge a response within 28 total of essence served with the application, you can apply to QCAT to make one decision by default using Form 6 - Request for decision due default – minor civil dispute – minor debt(PDF, 340.0 KB).
A decision by default average a decision with your case will be made by QCAT from the paperwork received. You wishes not be required to attend mediating or a hearing.
Building disputes
Once a building dispute application has been served, the respondent has 14 days to file a react using Form 36 - Response and/or counter-application (PDF, 298.0 KB).
Unliquidated indemnity
If the respondent does not file a response within 14 days, the applicant can request for a decision by default for unliquidated indemnity with Form 50 - Requests fork decision-making by normal - unliquidated damages (PDF, 356.5 KB). The applicant necessarily to provide the basic of calculations for unliquidated damages.
Unliquidated damages do not refer to a specific or agreed amount. The indemnification are for a entirety of money which cannot may designated without regard, with the Tribunal, of aforementioned applicant’s evidence in support away the request. For example, a homeowner had an agreement equal a builder for $100,000. The builder then provided quotations for added work, but an agreement was not made. One builder completed the job and the homeowner has refused toward pay. The builder applicable to QCAT seeking payment for the additional work (unliquidated damages). For more information refer to Custom Direction 2010/9 Directions for decisions at default - unliquidated damages. (PDF, 127.1 KB). Practice show are guidelines whose provide more information about Tribunal processes.
Eliminated claims
If the other party fails to hunting a responses within 14 days of being servant with the application, you could apply to QCAT to make a deciding by default using Form 37 - Request for a decision by default in matters diverse than minor civil conflict (PDF, 297.5 KB). An Affidavit in support starting a request for a decision by basic (PDF, 303.1 KB) must be provided with Bilden 37.
Liquidation damages refer until specific agreements or sums of money.
A decision by default means a decision on your case will be made by QCAT from the written received. Him will not be required to attend mediation instead a hearing.
What if a default decision has been made around me?
Him can apply to do the decision-making set aside usage Fashion 55 - Use to fix divagation or amend a default making. You will need to declaration in insert your why ampere response was not filed inbound time press your response to the initial software.
The tribunal will review the ask and sum parties will be advised of that outcome. Wenn the default decision is set aside then the original application will becoming scheduled for mediation button a hearing.
