Frequently asked questions
Q1 What is the Commercial and Consumer Tribunal (the Tribunal)?
Q2 How are applications started?
Q3 What happens once an application is lodged in the registry?
Q4 What steps does a respondent take?
Q5 Can the dispute be mediated?
Q6 What happens if the dispute is not mediated or does not settle?
Q7 What happens at a directions hearing?
Q8 Do I have to appear in person?
Q9 How do I prepare for a hearing?
Q10 Can I be legally represented?
Q12 When will I know the outcome of the hearing?
Q13 Can I have a copy of an audio CD?
Q14 Can I have a copy of a transcript?
Q15 Can the decision be appealed?
Q1 What is the Commercial and Consumer Tribunal (the Tribunal)?
The Tribunal is an independent decision-making body for resolving consumer and industry related disputes and reviewing administrative decisions fairly, quickly, economically and informally.
Q2 How are applications started?
1. If applicable, start proceedings within relevant time limitsEg. an appeal or review of the decision of a State agency must be filed in the registry within 28 days of the decision.2. Obtain the relevant application form
- at www.tribunals.qld.gov.au or
- by contacting the registry on 3247 3333.
- all questions are completed
- all relevant material is attached
- all forms are signed and dated
- read instruction sheet and complete checklist (do not return these to the Tribunal).
- 3 copies of the signed form and attachments (when 1 respondent)
- 1 extra copy for each added respondent
- the prescribed fee.
Q3 What happens once an application is lodged in the registry?
- Registration:
- Registry returns sealed registered copies of the application form to the applicant.
- Service:
Formal delivery of sealed Tribunal documents to other parties, usually personally, or as set out in the relevant Act or Form 2: Affidavit of Service.
- Within 7 days the applicant must serve a copy of the application on each respondent as per affidavit of service.
- Within 3 days of service the applicant must file an affidavit of service.
Q4 What steps does a respondent take?
File defence and counterclaim (in building and some body corporate matters):
- Within 14 days of service, a respondent:
- completes and files a defence and/or counterclaim form, and
- delivers one copy to each applicant.
Q5 Can the dispute be mediated?
Some matters are suitable to be mediated (e.g. building, body corporate and community management, manufactured homes and retirement village disputes).
Mediation is usually held soon after proceedings have started. If referred to mediation:
- all parties will receive a mediation notice
- the mediator will contact the parties to arrange a time and place for mediation.
Q6 What happens if the dispute is not mediated or does not settle?
Directions will be issued from the registry or the matter will be listed for a directions hearing before the Chairperson or a member. The directions will set out a timetable of events for the parties to prepare statements of evidence in support of their case.
Q7 What happens at a directions hearing?
Direction hearings are for preliminary matters and timetabling. The Chairperson or member may make orders directing the parties to prepare and exchange evidence within timeframes, ready for hearing.
Q8 Do I have to appear in person?
- You must attend mediation in person unless you provide written authorisation for someone to appear and sign a binding agreement on your behalf.
- You may attend directions hearings in person, or by telephone if you complete a telephone attendance and it is received by registry 1 clear business day beforehand.
- You must attend hearings in person to give sworn evidence.
- The Tribunal can make orders in your absence if you fail to appear at a hearing.
Q9 How do I prepare for a hearing?
You should gather all relevant evidence to support each of the issues in your application or defence. This may include documents, witness statements, reports, etc. Directions orders will specify the timing for this. Contact the registry for guidelines for preparing for a hearing.
Q10 Can I be legally represented?
The CCT Act states that parties represent themselves whenever possible.
A party may be represented by a lawyer if:
If you wish to have a lawyer appear at hearings, you should:
- the mediator allows it at mediation stage, or
- the Tribunal allows it at directions hearing or hearing stage, or
- legal representation is allowed for the type of matter (e.g. disciplinary, debt recovery).
- seek the consent of the other party, then
- lodge a Form 4: Application in a proceeding at the Tribunal registry.
Legal representation is usually determined at a directions hearing. You can take advice from a lawyer at any time without an order from the Tribunal.
Q11 Can I claim legal costs?
Generally parties are required to pay their own costs. However, the Tribunal may award costs such as the prescribed fee and legal expenses to a successful party. Applications for legal costs are usually made and decided following the hearing of a matter.
A party seeking legal costs should raise this with the member at the close of the hearing. Written or verbal submissions on costs may be required.Q12 When will I know the outcome of the hearing?
The Tribunal member/s will either hand down the decision at the close of the hearing or publish the decision after the hearing. An order and any reasons for the decision will be sent to the parties by registry. The decision will also be published on the Tribunal website and AUSTLII site.
Q13 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).
Q14 Can I have a copy of a transcript?
If a hearing was held in Brisbane 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.
If a hearing was held in a regional area where a Member sat, for example
Mackay, a request can be made directly to the State Reporting Bureau see Queensland
Courts Transcripts and Recordings
Q15 Can the decision be appealed?
A Tribunal decision can be appealed, with the District Court's leave, only on an error of law or a jurisdictional point. The appeal must be made within 28 days of the Tribunal decision.
It is never too early or too late to settle a dispute yourselves.
Last Updated 1 September 2009.
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