QCAT provides residents of Queensland a means of resolving a number of issues without the necessity to resort to lawyers and the Courts. QCAT’s claim is that it is committed to actively resolving disputes in a way that is fair, just, accessible, quick and inexpensive. Among the disputes that may be taken to QCAT are disputes over minor debts.

ong the disputes that may be taken to QCAT are disputes over minor debts.at is fair, just, accessible, quick and inexpensive. AYou may apply to QCAT to resolve a debt dispute (unpaid debt) provided the amount of the debt is $25,000 or less. In QCAT the creditor, the person making the claim is referred to as the Applicant and the debtor becomes the Respondent.

The procedure for making a claim is fairly straightforward and Debtor Recovery Services (DRS) can do much of the work on your behalf. It should be noted however that should the Respondent lodge a defence to that claim that in any subsequent mediation or hearing, the Applicant will generally be expected to attend QCAT and represent themselves. Except in special circumstances with leave specifically granted by the Tribunal both the Applicant and the Respondent are expected to represent themselves.

The process in general is:

  • Complete Form 3 Application for a Minor Civil Dispute – Minor Debt and lodge it with QCAT
  • Serve a sealed copy of the application to the Respondent
  • Respondent has 28 Days to respond to the application
  • If there is no response received Applicant lodges Form 6 Request for Decision by Default – Minor Civil Dispute – Minor Debt
  • On receipt of QCAT decision seek payment from the Respondent

 

If a response is lodged then the Applicant must decide whether it is worth their while to pursue the matter through mediation and hearings. In general though, prior to filing an application a creditor will know themselves how solid their claim is:

  • Were the services being charged delivered in accordance with any agreement and compliant with industry standards
  • Was contact made with the Debtor seeking payment
  • Were any complaints by the Debtor genuine and if so were the problems rectified

 

If there is certainty around these issues then the matter should be followed through.

 

DRS is able to advise and assist in your dealings with QCAT. Remember, if you do not get paid then neither do we.