Frequently Asked Questions (FAQ)
Click on a question below
Q1 Is the Commercial and Consumer Tribunal part of the Queensland Building Services Authority?
Q2 What is the Tribunal? And can it assist in my case?
Q3 Are you the Building and Development Tribunal?
Q6 What information CANNOT be supplied to you by Tribunal staff?
Q7 How can I make an application?
Q8 What does the respondent do after receipt of application?
Q9 If the respondent claims not to have been served with the application?
Q10 If the respondent fails to lodge a defence?
Q11 How should I set out my case?
Q12 Can the dispute be mediated?
Q13 What happens if an agreement is reached at mediation?
Q14 What if the mediation is unsuccessful?
Q17 How can I get a summons issued?
Q19 How can the tribunal's decision be enforced?
Q20 What are my rights of appeal?
Q21 Can I have a copy of an audio CD?
Q22 Can I have a copy of a transcript?
Q23 Can I have a party joined to a proceeding?
Q24 Can I get two or more proceedings consolidated into one matter?
Q25 Can I withdraw my application?
Q26 Can I withdraw my defence or counter-claim?
Q28 The other party has a lawyer. Do I need to get a lawyer too?
Q29 Can I claim the costs of my own time in preparing my matter or attending the Tribunal?
Q30 My statements are not ready by the due date - what do I do?
Q31 When issuing a cheque to the Tribunal, who do I make the cheque out to?
Q1 Is the Commercial and Consumer Tribunal part of the Queensland Building Services Authority?
The Tribunal is an impartial body separate to the Queensland Building Services Authority (BSA).
Q2 What is the Tribunal? And can it assist in my case?
The Commercial and Consumer Tribunal has a court substitute jurisdiction with regard to resolving domestic building and some minor commercial disputes. It also has jurisdiction to review decisions of the BSA and to conduct disciplinary and debt recovery hearings on applications brought by the BSA.
Q3 Are you the Building and Development Tribunal?
No, there is another Building Tribunal which deals with decisions of the local council. They can be contacted at:
111 George Street
Brisbane Q 4001
GPO Box 187
Albert Street 4002
Ph: 3237 0403
Fax: 3235 4586
The person making the application.
The person against whom the application is made. More than one respondent can be named.
Q6 What information CANNOT be supplied to you by Tribunal staff?
Tribunal staff are not allowed to give legal advice of any description. This includes advice on which application forms should be filled out, if the claim is valid, their opinion on the outcome of the case. They are also not allowed to recommend a legal representative. If you require legal advice or referral to a legal representative, contact the Queensland Law Society on (07) 3842 5842 or at 179 Ann Street, Brisbane.
Q7 How can I make an application?
Application forms can be obtained from the Tribunal registry via email, fax, post or website. Complete the application forms, including the statement of claim and file three copies in the tribunal registry, together with the prescribed fee payable by cheque, cash, money order or credit card (Visa or MasterCard only). The current filing fees for applications lodged at the Tribunal can be viewed at the following link - http://www.tribunals.qld.gov.au/Registry/rFees.shtm. For details on the Tribunal's refund policy, please click here (36kb, PDF).
After the forms have been registered, one copy is kept by the registry, one copy is kept by the applicant and one copy is served by the applicant on each respondent along with a proforma defence/counter-claim and address for service. The applicant then returns the Form 2: Affidavit of Service to the Tribunal within 7 days.
Q8 What does the respondent do after receipt of application?
The respondent has 14 days to file their defence and/or counterclaim. This merely requires an outline of their case. Statements and reports etc can be added later.
Q9 If the respondent claims not to have been served with the application?
The Tribunal is unable to proceed with the application if there is no proof that the respondent has received a copy of the application. The applicant would be requested to confirm the respondent's address and re-serve the application (probably in a different manner) and provide a further Affidavit of Service when service has been affected.
However, if the respondent's solicitor has accepted and signed receipt of the application on the respondent's behalf this may be considered as service.
In addition, under section 44 of the Act if a document is not served as required but comes into the possession of the respondent the Tribunal may accept that it has been adequately served.
Q10 If the respondent fails to lodge a defence?
If the respondent fails to lodge their defence within 14 days of being served with the application, the Tribunal can proceed with the application. However, if a liquidated amount is claimed the applicant can apply to the director for a default decision by completing a Form 5: Application for Default Decision (56kb, PDF).
Q11 How should I set out my case?
The applicant's claim should be fully itemised in the intial application. Each respondent is required to complete the defence and counterclaim form as applicable.
Q12 Can the dispute be mediated?
Yes, an independent mediator will be appointed by the Tribunal to assist the parties to reach an agreement. The mediator will contact the parties to arrange a suitable time and place for mediation. All parties are required to attend the mediation. Mediation is usually the first step in the proceedings but is not mandatory.
Q13 What happens if an agreement is reached at mediation?
If a dispute is settled, all parties are required to sign a settlement agreement. The agreement is legally binding. The Tribunal may make orders or directions in relation to a settlement, if required.
Q14 What if the mediation is unsuccessful?
With the assistance of the mediator, the parties can list on the dispute schedule the issues and amounts that they agree are in dispute. Upon receipt of a report from the mediator, the Tribunal will issue directions for the parties to preparae statements of evidence. At that stage, a timetable of procedures and directions will be set to enable the parties to prepare for a hearing.
Directions are set by the Tribunal to assist parties to prepare their case adequately for hearing. Statements and documents from parties and witnesses will be required to be filed in the registry in duplicate and one copy delivered to the other party/s by the date/s in the direction. Witnesses who provide statements are required to be available for cross-examination under oath at the hearing, unless otherwise agreed with the other party. For further information, see witnesses guidelines.
A party wishing to be legally represented at the hearing should seek the agreement of the other party/s as early as possible and, if not obtained, should seek a direction at the directions hearing. However, it must be understood that a legal representation will not be granted automatically. A party should be prepared to represent themselves in the event that a direction is not made by the Tribunal. For further information, see legal advice and legal representation of parties guidelines.
Q17 How can I get a summons or attendance notice issued?
The Tribunal is to be informed in writing of the name and address of the person to be summonsed. It is of no advantage for the party to prepare the summons as the Tribunal only issues summonses prepared by the Tribunal registry. A fee of $15.50 is charged for the registry to issue an attendance notice for each person to be summonsed.
You should first seek the consent of the other side and then complete and file an application in the proceeding. The Tribunal, on it's own initiative, may extend a time limit or waive compliance with a procedural requirement. As a matter of procedure however, the Tribunal will not generally grant an extension unless the other party has consented to it.
Q19 How can the Tribunal's decision be enforced?
See Enforcement of Tribunal Decision page.
Q20 What are my rights of appeal?
A decision handed down by a member of the Tribunal is final. A party is however, entitled to apply for a mistake to be corrected in the decision, based on a clerical error, within 14 days of the making of the decision. Further, if it is believed that the Tribunal has erred in law you can seek the leave to appeal the decision in the District Court within 28 days of the decision.
Q21 Can I have a copy of an audio CD?A request must be made in writing to obtain a CD, including the application number and date of the hearing. A fee of $27.00 applies when requesting a CD and must be paid with the written request; cheques are to be made payable to the Commercial and Consumer Tribunal or can be made by EFTPOS payment (44kb, PDF).
Q22 Can I have a copy of a transcript?
A request must be made by completing a Transcript Order form (36kb, PDF). The Tribunal registry will contact Auscript to arrange transcription of the recording of the relevant Tribunal proceedings. Auscript will then deal directly with the party and payment for the transcription will be made to Auscript.
Q23 Can I have a party included in a proceeding?
The Tribunal does have the power to join parties if it considers that the person ought to be bound by, or have the benefit of, an order of the Tribunal or the person's interests are affected by the proceedings. A request to join a party must be made by filing a complete Form 4: Application in a proceeding. A copy of the form must also be sent to the other party.
Q24 Can I get two or more proceedings consolidated into one matter?
The Tribunal does have the power to consolidate two or more proceedings on the application of any person or on it's own initiative. This discretion can be exercised in the event that the same or substantially the same question is involved in all proceedings or the decision in one proceeding will decide or affect the other proceeding or proceedings. A request to consolidate two or more proceedings must be made by filing a complete Form 4: Application in a proceeding. A copy of the form must also be sent to the other party.
Q25 Can I withdraw my application?
If the applicant has not been served with a defence or counterclaim, they may withdraw all or part of their application without the Tribunal's leave. If however, a defence or counterclaim has been served, the applicant may only withdraw all or part of their application with the Tribunal's leave.
Other situations where the leave of the Tribunal is necessary includes if
there is more than one applicant or more than one respondent.
NB: The Tribunal may make an order that the applicant pay all, or part of,
the costs of the other parties to the proceeding.
Q26 Can I withdraw my defence or counterclaim?
A respondent may only withdraw all or part of a defence or counterclaim
with the Tribunal's leave.
NB: Withdrawal of an application, defence or counterclaim must be carefully
considered as further applications etc relating to the same facts require
the Tribunal's leave.
You should write to the Tribunal seeking leave to withdraw the application and provide a copy of your letter to the other party/s.
Q28 The other party has a lawyer. Do I need to get a lawyer too?
That is a matter which you must decide for yourself, but the purpose of the Act is for parties to represent themselves if possible (sections 73 to 76 of the Act). The members are used to parties presenting their own cases, and make sure that the hearing process is fair for all the parties, whether they have a lawyer or not. You would not be disadvantaged just because you do not know legal terms, or express yourself in a non-legal way.
You can take advice from a legal practitioner at any time. You may have a lawyer represent you disciplinary proceeding, or public examination. However, if you want legal representation at directions hearings, or the hearing, you must either obtain the consent of the other party/s (section 76(2) of the CCT Act), or apply to the Tribunal for leave using a Form 4: Application in a proceeding.
Q29 Can I claim the costs of my own time in preparing my matter or attending the Tribunal?
No - the only costs that the Tribunal has power to award are legal costs (section 71 of the CCT Act). It is the intention of the Act that parties pay their own costs.
Q30 My statements are not ready by the due date - what do I do?
You can seek an extension of time to file the statements but must first get the consent of the other parties. Then complete and file a Form 4: Application in a proceeding.
Q31 When issuing a cheque to the Tribunal, who do I make the cheque out to?
The Commercial and Consumer Tribunal.
Last Updated 1 September 2009.
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