Appealing a QCAT decision

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In certain circumstances parties can appeal a QCAT decision. The appeal process differs depending on the type of decision and who made the orignal decision.

For a tenancy matter you must seek leave to appeal. The Tribunal will decide whether or not to grant the appeal. An application for leave to appeal and the appeal may be dealt with at the same hearing.

It is best to obtain a copy of the writen reasons for the decision before you appeal. You can request written reasons within 14 days after the decision takes effect. QCAT has 45 days to provide you with written reasons.

All QCAT hearings are digitally recorded. Where the decision was given orally it is suffi cient for the Tribunal to provide an audio recording, or a transcript, of that part of the proceeding.

An application for an appeal must be lodged within 28 days of receiving written reasons for the decision. You will need to fill in an Application for leave to appeal or appeal. A filing fee of between $250 and $500 will apply.

In some instances the Tribunal may stay a decision pending the outcome of an appeal. This is at the discretion of the person hearing the matter. If you are seeking a stay of the decision it is advisable to request this up front and provide compelling evidence.

You can fill in an Application to stay a decision and lodge this form with your Application for leave to appeal or appeal.

 

Information supplied courtesy of the Tenants Union of Queensland Inc

Further information and advice for Queensland tenants can be sourced from www.tenantsqld.org.au