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The adjudicator's decision

Having heard all sides of the story, the adjudicator will make a decision (usually immediately, but sometimes at a later date).

They will then make an order that reflects their decision and that both parties must follow. If the adjudicator fully agrees with the claimant’s case, it is likely they will order the respondent to pay the claim. If they only agree with part of the case, it is likely they will order the respondent to pay a percentage of the claim.

The Appeal Tribunal hears appeals from Queensland Civil and Administrative Tribunal (QCAT) decisions. Before you can appeal a decision by the tribunal, you must ask the Appeal Tribunal for permission to appeal by completing and lodging an Application for leave to appeal or appeal (Form 39), which is available on the QCAT website. The application contains instructions for completing.

You can appeal the decision on a:

  • question of law
  • question of fact
  • question of mixed law and fact.

Your appeal does not stop the original QCAT decision being enforced. In some cases, the QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the original decision from being carried out until the appeal has been finalised. Make sure to get legal advice before you appeal a decision.

What if the hearing took place and I could not be there?

Contact the QCAT to find out the decision and order made by the adjudicator.

If you had a good reason for not being able to go to the hearing, but could not tell the tribunal, you can apply for another hearing date by lodging an Application for reopening, correction, renewal or amendment (Form 43), which is available on the QCAT website. The application contains instructions for completing. In your application you will need to explain why you could not go to the hearing and why the final decision was unfair or unjust.

The tribunal will only grant a reopening in special circumstances.

What if the respondent loses the case but doesn’t pay?

You can enforce a QCAT decision for motor vehicle property damage through the magistrates court.

You need to lodge a certified copy of the tribunal decision and an affidavit explaining the amount that has not been paid with the magistrates court. Once the magistrates court accepts the decision, it can be enforced in the same way as a magistrates court order. Enforcement options include a warrant of execution, enforcement hearing or enforcement warrant for redirection of earnings. Get legal advice about your enforcement options.

What if I cannot comply with a decision made against me?

If you cannot comply with the QCAT’s decision because your circumstances have changed or there are problems with interpreting, implementing or enforcing a decision, you may apply for another decision to be made about the same matter.

You will need to apply to the tribunal within 12 months of the original decision being made by completing and lodging an Application for reopening, correction, renewal or amendment (Form 43), which is available on the QCAT website. The application contains instructions for completing.

The QCAT may make the same decision or another decision that takes into account your new circumstances. That decision is then enforceable as a final decision.
You should get legal advice before making this application as not all decisions will be reviewed simply because you cannot comply.

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