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Appeals and payment

Our decisions

If you are unhappy with one of our decisions, you can apply to the Queensland Civil and Administrative Tribunal (QCAT). This must be within 28 days of receiving our decision. QCAT is an independent body with the power to make legally binding decisions.

Learn more about appealing to QCAT

The review process

To begin the review, you will need to:

  • submit the QCAT form
  • provide a copy of the form to the agent or dealer and a copy to us.

Once you do, QCAT will schedule a review hearing to make a decision. They encourage you to represent yourself at the hearing, but may allow you to appoint a lawyer in a more complex case. We cannot represent you.

They will invite the agent or dealer to take part in the review. If they don’t attend, QCAT can make a decision in their absence.

The decision

Once QCAT has made a decision, they will send you and the agent or dealer a notice explaining their decision.

QCAT may order that you or the agent or dealer pay costs. This means that you might have to reimburse them for anything they spent on defending against your claim.

QCAT may decide costs based on:

  • what decision they reached
  • whether your claim was strong or weak
  • how you or the agent or dealer behaved through the hearing
  • whether the claim was complex
  • if they consider anything else to be relevant.

The decision is legally binding unless you or the agent or dealer makes an appeal. You must do so within 28 days.

QCAT's decisions

You have options if you aren’t satisfied with a QCAT decision. You must appeal within 28 days. After this time, QCAT’s decision is final.

This might be:

  • a complex claim that we referred directly to them
  • a review of a simple claim.

You can appeal to the:

  • QCAT Internal Appeal Tribunal
  • Court of Appeal (but only for an error of law or jurisdiction).

Learn more about appealing QCAT’s decisions

Seek independent legal advice before you launch an appeal.

Payment

If a decision is made in your favour, either by us, QCAT or on appeal, we can make the payment to you from the claim fund. However, we will not pay your claim before the 28 day appeal period ends.

Once this time passes, we will usually pay within 21 days.

Who can claim?

The claim fund may help you recover from a financial loss in some situations. It protects consumers who lose money due to certain types of action (or failures to act) by:

  • real estate agents
  • resident letting agents
  • motor dealers
  • auctioneers
  • chattel auctioneers
  • debt collectors or process servers
  • employees of any of the above.

Always try to settle the claim with them first. Go through their complaint process. If this doesn’t resolve the dispute, then you can lodge a written claim with us.

Don’t leave it too long to claim, as time limits do apply.

Find more details

Last updated
8 September 2016
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