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Adjust a time limit, or waive a procedural requirement with QCAT

Time limits or procedural requirements may apply for:

  • when you need to lodge an application or comply with tribunal directions or orders
  • how your application should proceed.

Time limits could be set out by:

  • the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act)
  • an enabling Act
  • the Limitation of Actions Act 1974
  • the common law.

There may be occasions where you are unable to comply within these time limits. You can ask the tribunal to give you an extension of time to be able to comply.

You may also ask the tribunal to waive compliance with a procedural requirement if you are having difficulty complying with it (e.g. if you are unable to personally serve a respondent).

This is form 42 under the Queensland Civil and Administrative Tribunal Act 2009.

When to use this form

You can use this form if you are a party to a proceeding and seeking to:

  • extend a time limit fixed for the start of a proceeding by the QCAT Act or another Act
  • extend or shorten a time limit fixed by the QCAT Act, another Act or the Rules
  • waive compliance with another procedural requirement under the QCAT Act, another Act or the Rules.

Who can’t use this form

You cannot use this form if you are not a party to a proceeding, or listed as a party on a decision; or notice.

Lodging your application

This application can be used for multiple request types. You should include all relevant information to support your application.

If you are unsure about whether you can apply, you should get independent legal advice.

Adjust time limit or waive compliance as directed by QCAT

You may apply to extend or shorten a time limit, or to seek a waiver of compliance with a procedural requirement for directions, decisions, or requirements.

We can’t change a time limit or waive compliance with another procedural requirement if the outcome would cause prejudice or detriment to a party (or potential party) to a proceeding that can’t be remedied by an appropriate order for costs or damages.

Before filing this application, you should seek consent from the other party(s) if possible.

You should provide detailed reasons (and supporting documents, if available) to explain why there was a delay, and why you are asking for the order(s).

There is no fee for this application when seeking to extend or shorten a time limit or waive procedural requirement for directions, decisions, or requirements.

Extend time to seek a review of a decision of the chief executive

You may apply to extend the time in which to seek review of a decision of the chief executive under:

  • Agents Financial Administration Act 2014, section 122
  • Debt Collectors (Field Agents and Collection Agents) Act 2014, section 119(1)
  • Motor Dealers and Chattel Auctioneers Act 2014, section 198(1)
  • Property Occupations Act 2014, section 178(1).

You should provide detailed information to help us make a decision, including:

  • whether this application is made within 42 days of receiving notice of the decision to be reviewed
  • the reasons for not seeking the review within the time allowed
  • the review application generally
  • the justice of the matter generally.

Provide any supporting documentation or evidence with your application, including a copy of the decision made by the chief executive.

An application fee is payable for extending time for decisions of the chief executive. At the end of this form you will be automatically directed to a secure payment gateway to pay online using your credit or debit card.

Extend time to make a claim against the claim fund

You may apply to extend the time in which to make a claim against the claim fund under the Agents Financial Administration Act 2014, section 122.

You should provide detailed information to help us make a decision, including:

  • whether this application is made within the time mentioned in the notice given under section 88(5)(b)
  • the reasons for not making the claim within the time allowed
  • the claim application generally
  • the relative hardship that an extension of time or a refusal to extend time would place on the claimant or respondent
  • the justice of the matter generally.

An application fee is payable for extending time to make a claim against the claim fund. At the end of this form you will be automatically directed to a secure payment gateway to pay online using your credit or debit card.

How to complete this form

To complete this form you will need to provide:

What happens next

We will automatically receive your application when you submit this form online.

Your application is not filed until we seal it (stamp it with the official QCAT stamp). We will email a sealed copy of your application to the email address you provide.

You must then serve (or give) a sealed copy of the application to each party.

All parties will be notified of the tribunal’s decision.

Legal advice

If you are unsure about your legal rights, you should get independent legal advice.

Contact us

You can contact the QCAT registry by:

For queries on minor civil dispute matters lodged outside the Brisbane registry, you will need to contact the registry where the application that started the proceeding was lodged.

To find your nearest magistrates court, visit the courts website.

Protecting your privacy

We collect your contact details to ensure QCAT proceedings comply with the Queensland Civil and Administrative Tribunal Act 2009. We may contact you to help evaluate our operations. You do not have to participate in feedback or surveys. If you do participate, no identifying information will be published. We will not disclose your contact details or any other personal information to a third party unless required by law.

Last updated
30 June 2017
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