The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction over minor civil disputes for amounts up to $25,000. For instance, this includes claims for debts, contract claims, damage caused by vehicles, and tenancy disputes.
One advantage in starting a proceeding in QCAT is the simplicity of the application form. This is easier that the Magistrates Court which requires a formal statement of claim. Also, forms for QCAT can be lodged by post or electronically. As a result, it is a much more simple process for non-lawyers to run themselves. The application fees increase with the amount claimed, with claims over $10,000 attracting a fee of $358.
The Tribunal will order discussions between the parties, early in the process. If a settlement is reached, that outcome will be binding on the parties. Therefore, this will spare the parties the time, effort and potential expense of a full hearing.
QCAT seeks to reduce the need for a party to have their own lawyer, and requires special permission before a lawyer can appear. However, in practice, leave will almost always be granted for a lawyer to attend a complex hearing. Witnesses will give evidence and can be cross-examined, and document disclosure processes apply. Therefore, non-lawyers would find it difficult to follow the steps for a full hearing. As a result, lawyers often help prepare documents and evidence.
