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Law Current to: June 27, 2025

Tenancy at QCAT

What is QCAT?

QCAT is an independent, accessible tribunal that efficiently resolves disputes on a range of matters including residential tenancy disputes.

Residential tenancy disputes

This resource focuses on the processes and procedures in relation to residential tenancy disputes at QCAT. Specifically, this resource provides a general guide to assist with:

  • preparation for QCAT hearings, from lodging an application through to the lead up to the final hearing;
  • understanding how representation works at QCAT hearings;
  • uncovering the process for requesting reasons for a QCAT decision; and
  • considering how a QCAT order can be enforced.

QCAT considers a wide range of cases related to residential tenancies.

Before you start acting for a tenant in a residential tenancy dispute, it is important to understand which cases QCAT will consider and some key threshold issues in relation to the same.

Notably, there are some cases which may be required to go through the RTA Dispute Resolution Service, known as a ‘conciliation process’, before they will be considered by QCAT. For more information, please refer to the RTA Dispute Resolution Service website, accessible here.

Is QCAT the right forum?

Urgency of the matter

Before bringing an application to QCAT in relation to a residential tenancy dispute, you will need to consider whether the application the tenant is intending to make is considered an ‘urgent’ application or ‘non-urgent’ under the RTRAA.

Section 416 of the RTRAA states that applications for non-urgent matters can only be brought to QCAT if:

  • a dispute resolution request has been made to the RTA and:
    • the conciliation process has ended without a resolution having been reached; or
    • a resolution was reached but the tenant reasonably believes the other party has breached the conciliation agreement.

If a resolution was not reached, the tenant will receive a Notice of Unresolved Dispute. The tenant must provide a copy of this notice to QCAT, otherwise QCAT will not have jurisdiction to determine the tenant’s application for a non-urgent matter.

Urgent tenancy disputes are permitted to bypass the RTA Dispute Resolution Service, and be directly lodged with QCAT.

Note: The term ‘urgent’ does not mean that the application with QCAT will be fast-tracked. It simply means that the matter will not need to go through the RTA Dispute Resolution Service.

The term ‘urgent application’ is defined at section 415 of the RTRAA. The QCAT Practice Direction No. 4 of 2023 (the Practice Direction) on Applications for Residential Tenancy Disputes refers to Form 2: Application for Residential Tenancy Disputes for a list of matters that are considered as ‘urgent’ or ‘non-urgent’ under the RTRAA.

Monetary limit

QCAT has a monetary limit of $25,000 (excluding interest).

If the tenant’s claim amount is over $25,000 (excluding interest), you should advise them to have their dispute determined through the relevant court:

  • Magistrates Court: up to and including $150 000
  • District Court: from $150 000 up to $750 000
  • Supreme Court: more than $750 000
Time limit

You should also check whether the tenant is time barred from lodging the tenancy dispute with QCAT. There are different time limits for bringing an application to QCAT depending on the issues in dispute.

The QCAT website provides a useful summary table of the limitation periods for common dispute types.

For more information, please refer to the RTRAA for time limits for all other dispute types.

Commencing or responding to a matter with QCAT

Once you have determined that QCAT will have jurisdiction to hear the matter, the following documents will need to be prepared to either commence or respond to an application. The documents that need to be prepared will vary depending on whether the tenant is the Applicant or Respondent in the matter.

Step 1: The Applicant must prepare a Form 2: Application for Residential Tenancy Disputes (Form 2).
Step 2: The Respondent must either prepare a counter application using a Form 8 – Minor Civil Dispute Counter Application (Form 8) or respond to claims made by the Applicant in the form of written submissions.

Rule 43 of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (the QCAT Rules) states that a party to a minor civil dispute other than a minor debt claim cannot respond to the application for the proceeding, but it does not prevent the party from making:

  • a counter application or giving the tribunal evidence in writing; or
  • making written submissions to the tribunal in a way allowed by the tribunal under section 95 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

Pursuant to rule 43 of the QCAT Rules, in response to an application or referral, the Respondent may apply to the tribunal for stated orders against another person, who may or may not be a party to the proceeding (a counter application).

Step 3: Both parties must consider what supporting evidence is to be uploaded with the Form 2 (for Applicants) or Form 8 (for Respondents) and any additional requirements.

If the tenant’s application, response, or counter application is for a tenancy dispute about an urgent matter, the Practice Direction suggests that the following documents should be attached to the application, where relevant:

  • the tenancy agreement;
  • each relevant Notice you have either sent or received (e.g., Form 11, Form 12);
  • a ledger for the tenancy;
  • emails relevant to an issue in the dispute between the Applicant and Respondent;
  • condition or inspection reports, if the condition of the premises is relevant to the application.

If the tenant’s application, response, or counter application is for a tenancy dispute about a non-urgent matter, the Practice Direction suggests that the following documents should be attached to the application, where relevant:

  • the Notice of Unresolved Dispute;
  • the dispute resolution request;
  • the tenancy agreement for the tenancy;
  • each relevant Notice you have either sent or received (e.g., Form
  • 11, Form 12);
  • a ledger for the tenancy;
  • entry condition report, exit condition report and routine inspection reports;
  • evidence of loss suffered (such as invoices);
  • photographs;
  • relevant correspondence.

If you are acting for the Respondent, please note that you are not required to provide material that has already been provided to QCAT by the Applicant.

Step 4: Both parties must prepare for the application, response, or counter application to be in the correct form for filing.

All documentation filed with QCAT must be paginated and, notably, documents uploaded to QCase must be uploaded separately as opposed to a bundle (see example below):1

Where it is not possible to upload the documents separately, any bundle of documents must:

  • contain an index;
  • each document must be separately titled; and
  • the entire bundle paginated sequentially from the first page of the bundle to the last page of the bundle.

If your application includes photographs, you will need to ensure that the photographs are:

  • in colour (preferably) and with high-resolution;
  • labelled with a written description; and
  • numbered (for QCase, this is achieved by uploading photos separately and with unique file names).

If a party intends to rely on video footage at the hearing, the party must apply for leave to do so. The application must be made using a Form 40: Application for miscellaneous matters.

When relying on video footage at a QCAT hearing, it is not sufficient to simply upload the footage to QCase after obtaining leave to supply the footage. You must ensure that:

  • the footage is provided to QCAT on a USB storage device and a copy is given to each other party at least 5 business days before the hearing; and
  • the USB is accompanied with a signed electronic evidence declaration.

Step 5: Both parties must file their documentation (Form 2 for Applicants, and Form 8 or response for Respondents) and supporting documents with QCAT.

The Practice Direction provides that you may file your documents in the following ways:

  • QCase online portal: Access QCase here
  • In person
    Queensland Civil and Administrative Tribunal
    Level 11, 259 Queen Street
    Brisbane Qld 4000
    Or at any Magistrates Court (excluding Brisbane)
  • Post:
    Queensland Civil and Administrative Tribunal
    GPO Box 1639
    Brisbane QLD 4001
  • Email
    [email protected]

These details are current as of 26 June 2025. Please ensure you refer to the QCAT webpage for current details, accessible here.2

If the tenant queries the average wait time to finalise an application in QCAT, please refer to this webpage here for more information.

Step 6: The Respondent must provide a copy of the Form 8 or response to the application, along with any relevant documents to the Applicant at least 5 business days prior to the hearing.

Pursuant to rule 50(3) of the QCAT Rules, the Respondent is required to give a copy of the counter application to:

  • the person in relation to whom the counter application is made;
  • each party to the proceeding; and
  • any person the tribunal directs the given notice of the counter application.

Step 7: If the Applicant wishes to provide additional documentation not included to the Form 2, the Applicant must separately file the documents, and give a copy of the documents to the Respondent at least 5 business days before the hearing date (unless otherwise ordered by QCAT).

Step 8: Update contact details (if applicable).

If any contact details change at any time throughout the proceedings, please ensure that QCAT is advised of the updated details by completing a ‘Change of contract details‘ form online or by completing a change of contact details form through the QCase portal.

Preparing for QCAT hearings

Proceedings prior to the hearing

Prior to the final hearing, QCAT may organise various steps to assist parties to resolve a dispute. Depending on the type of matter you are involved in, QCAT may require attending a mediation, compulsory conference, or an ‘on the papers hearing’ prior to the final hearing.

For more information on the details of each proceeding type, please refer to the QCAT website, accessible here. You may also refer to Division 3A (Conciliation), Division 4 (Compulsory conference), or Division 5 (Mediation) in Part 8 (Preliminary dealings with proceedings etc.) of the QCAT Rules for further information.

QCAT will notify each party prior to the date of the proceeding by sending a written Notice, detailing the time, date and place of the proceeding. For examples of different Notices which QCAT may issue, please refer to the QCAT website, accessible here.

Should any further requests be made to QCAT?

Before the final hearing, you should also consider whether or not a request should be made to QCAT to request various actions or decisions during the course of the matter, including:

  • extending compliance time limits;
  • joining parties to a proceeding;
  • substituted service decisions;
  • attending proceedings by telephone or video proceedings;
  • making orders/directions by consent;
  • making non-publication or confidentiality orders;
  • adjourning a proceeding to another date;
  • requesting third parties to produce material or witnesses to attend proceedings (fees payable).

If any of the above requests are made, you must serve the other parties with the application. For more information about requesting these actions or decisions, please refer to the QCAT website, accessible here.

Preparing evidence

When an application has been made, QCAT will organise for the parties to attend an oral hearing to present their case where a final decision is made. When preparing for the final hearing, you should ensure that the tenant’s evidence and witnesses are organised.

Preparing documentation

The Practice Direction requires parties to have either a paper copy or electronic copy of all the documents filed in the proceeding by all of the parties.

The Practice Direction also stipulates that the agent or lessor in an urgent tenancy dispute must:

  • upload to QCase an updated ledger for the tenancy by 8:00 AM on the morning of the Hearing;
  • email the tenant/s a copy of the updated ledger by 8:15 AM on the morning of the Hearing; and
  • bring 3 hard copies of the ledger to the hearing.5
Preparing witnesses

If witnesses are involved, make sure that you have filed a list of your witnesses and each statement before the hearing.6 You should check with your witnesses that they still agree that their statements are true and correct, and let them know that the other party and the QCAT decision maker may ask the witness questions in a cross-examination.

If your witnesses cannot appear in person, you may ask QCAT for permission for the witness to appear via telephone or videoconference. However, if a witness refuses to attend a hearing or produce documents, QCAT can issue a written notice requiring the witness to attend or produce documents. For more information on how to apply to QCAT for this notice, please refer the QCAT website, accessible here.

What to expect on the day

Upon arrival to the hearing, the QCAT Hearing Support Officer (HSO) will open by announcing the matter name and take the names of the parties in attendance. If you have any witnesses, let the HSO know and ensure that they are seated outside until called to give evidence.

You should be prepared to give the QCAT decision maker a brief summary of the case. The Applicant will tend to go first in this regard. Be sure to be across the key documents that the tenant’s case relies upon, and have them marked and ready.

Similarly, after the evidence has been put forward by both parties, the QCAT decision maker will ask for closing submissions from both parties. This is an opportunity for each party to summarise the evidence and make submissions as to why the QCAT member should decide in their favour. It is advisable for a party to further explain why their case is stronger than the other side’s case with reference to specific weak points that may have come to light in the evidence or unfolded during the hearing itself.

At the end of the hearing, the QCAT decision maker may ask for written submissions or proceed to the decision. A decision may be given on the day, or if more time is required, QCAT may announce its decision later (known as a ‘reserved decision’).

For more detailed information on what to expect on the day of the hearing, please refer to the QCAT website Preparing for proceedings, accessible here.

Representation at QCAT hearings

In terms of representation at QCAT, the general rule is that parties should represent themselves unless it would be contrary to the interests of justice. The rationale for this rule is to avoid unnecessary costs to parties and a legalist approach to proceedings, while ensuring representation is allowed where the interests of justice or natural justice require it.

Under section 43(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (the QCAT Act), a party to a proceeding may be represented by someone else if:

  • the party is a child;
  • the party is a person with impaired capacity;
  • the proceeding relates to disciplinary action;
  • another Act or the QCAT Rules otherwise state that a person may be represented; or
  • the party has been given leave QCAT to be represented.
Leave to represent

For residential tenancy matters at QCAT, you will likely find that getting leave to represent the tenant is the most common pathway. Tenants will likely not often be minors nor have impaired capacity, and these proceedings will not relate to disciplinary action. Therefore, it is important to understand QCAT’s considerations when deciding whether to grant a party leave to be represented, and the likelihood of that.

In deciding whether to grant a party leave to be represented in a proceeding, QCAT will consider the following as circumstances supporting the leave:

  • the party is a State agency;
  • the proceeding is likely to involve complex questions of fact or law;
  • another party to the proceeding is represented in the proceeding; or
  • all of the parties have agreed to the party being represented in the proceeding.3

To apply for permission to be represented in a matter, the party will need to complete a Form 56 – Application for leave to be represented (QCAT) or apply online here.

Alternatively, a community legal centre (such as LawRight) may assist a tenant behind the scenes to self-represent at the hearing.

Process for requesting reasons

If QCAT makes a decision in a proceeding, including its final decision, and does not give written reasons for the decision, section 122 of the QCAT Act outlines the power for a party to request written reasons.

Within 14 days after the decision takes effect under section 127 of the QCAT Act, that being:

  • when the decision is made; or
  • if the decision states a later date or time, when the decision is to take effect – the later date or time,

a party to the proceeding may request that the tribunal give written reasons for the decision. QCAT will be required to comply with the request within 45 days after the request is made or, if the president extends the period, the extended period.

Enforcement of a QCAT decision

Whether or not the QCAT order is monetary or non-monetary, if you are seeking to enforce the tribunal order, the tenant will need to file a copy of the tribunal order and an affidavit confirming the amount not paid or an action which has not been taken at the Magistrates Court closest to where the tenant lives or has a place of business. Once filed, the QCAT decision is taken to be an order of the court and can be enforced in the same ways as an order of that court.4

  • Section 131 of the QCAT Act states that a person may enforce a final decision of the tribunal in a proceeding that is a monetary decision, to the extent that the decision requires payment of an amount to a person, by filing a copy of the decision in the registry of a court of competent jurisdiction. On filing a copy of the final decision, the decision is taken to be an enforceable money order of the court in which it is filed.
  • Section 132 of the QCAT Act contains the equivalent provision for non-monetary decisions. If the final decision of the tribunal is not a monetary decision, or is a monetary decision to the extent the decision does not require payment of an amount to a person, a person may file a copy of the final decision in the registry of the relevant court. On filing a copy of the final decision, the decision is taken to be an enforceable non-money order of the relevant court.

As the monetary limit for QCAT is at $25,000 (excluding interest), the Magistrates Court is the relevant court to enforce a final monetary decision made by the tribunal. Section 132(6) also provides that the Magistrates Court is the relevant court to enforce a final non-monetary decision as a residential tenancy dispute is a minor civil dispute.

Chapter 19 and 20 of the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) deals with the enforcement of money orders and non-money orders respectively.

Enforcement of money orders

A person trying to enforce a money order may start enforcement proceedings without leave at any time within 6 years after the day the money order was made (rule 799, UCPR).

The party applying to enforce the decision will be referred to as the ‘enforcement creditor’. The person required to pay the money under an order will be referred to as the ‘enforcement debtor’.

Enforcement hearings

The purpose of an enforcement hearing is to obtain information to facilitate the enforcement of a money order (rule 803, UCPR). Before applying for an enforcement hearing, the enforcement creditor must ensure that:

  • a money order has been made by QCAT;
  • the enforcement creditor has required a Form 71 – Statement of Financial Position (online or Word version) to be completed and returned by the enforcement debtor; and
  • the enforcement creditor has received a completed copy of the statement of financial position or you have not received a completed statement of financial position within 14 days (rule 808, UCPR).

If the enforcement creditor does not receive a copy or the received copy of the form is not completed sufficiently within 14 days, the enforcement creditor can apply for an enforcement hearing.

To do so, the enforcement creditor would need to action the following:

  1. Complete and sign a copy of the Form 9 – Application (UCPR), and list the financial documents required from the enforcement debtor.
  2. Complete a Form 46 – Affidavit (UCPR), sworn no more than 2 business days before lodgement if the application is filed in person, or 5 business days before lodgement if the application is made by post.Rule 808(3) of the UCPR requires the affidavit to state the following:
    -the unpaid amount of the money order;
    -whether the enforcement creditor has received a completed statement of financial position from the enforcement debtor;
    -if the enforcement creditor has received a completed statement of financial position from the enforcement debtor, why the enforcement creditor is not satisfied with the information given in the statement.
  3. Complete a Form 70 – Enforcement hearing summons and make three copies, including the same list of supporting financial documents and information required (as in the Form 9).A person to whom an enforcement hearing summons is directed must attend before the court issuing the summons to give information and answer questions, and produce the documents or things stated in the summons (rule 813, UCPR).
  4. Include a copy of Form 71 – Statement of financial position with the application or include a link to the online form to be served with the summons for the debtor to complete.
  5. Ensure a copy of the summons is served personally or by prepaid ordinary post in accordance with rule 809(2) of the UCPR, on the enforcement debtor at least two weeks before the enforcement hearing date.
  6. If the tenant wants their lawyer (i.e., you) to attend court on their behalf, you will need leave in accordance with section 18(1)(b) of the Magistrates Court Act 1921 (Qld).
Enforcement warrants

An enforcement warrant can be used to enforce a QCAT order that has already been filed in the relevant court.

To apply for an enforcement warrant, the enforcement creditor is required to:

  1. Complete a Form 9 – Application (UCPR) to apply for the enforcement warrant, including the name and address of the debtor for the purpose of service.
  2. Complete a Form 74 – Statement in support (UCPR), including details about the judgment, costs and interest information.
  3. Complete the appropriate form for the warrant, noting that some warrants require additional supporting documentation.

    The main types of enforcement warrants include:

    –seizure and sale of property;
    –redirection of debt;
    –regular redirections from financial institutions;
    –redirection of earnings;
    –payment by instalments,

    with other types of warrants including:
    -recovery of possession of land;
    -delivery of goods; and
    -seizure and detention of property.

    For more information on each of these types of warrants, please refer to the Queensland Courts website on Enforcement warrants, accessible here.

  4. File the documents at the courthouse where the judgment or money order was made or registered (i.e., the Magistrates Court where the QCAT decision was filed).

After you apply for an enforcement warrant, the court will consider your application. Any refusal will be notified and provided with the reasons for the refusal.

Footnotes

  1. Regulation 353 TORUM Regulation.
  2. Vinson v Hongara [2014] QDC 249, [28].
  3. Section 114 (3) TORUM
  4. The commissioner, the chief executive or the SPE Act Administering Authority. In practice, notice will need to be given to the Queensland Revenue Office.
  5. QCAT Practice Direction No. 4 of 2023.
  6. QCAT Web Page on Preparing for proceedings, accessible at: https://www.qcat.qld.gov.au/applications/minor-civil-dispute-process/preparing-for-proceedings.

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