Review a decision about a claim for financial loss

If you’re unhappy with a decision made by the Office of Fair Trading (OFT) you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for it to be reviewed. QCAT is an independent body with the power to make legally binding decisions.

You must submit your application for review within 28 days of receiving our decision.

Learn more about QCAT reviews of government agency decisions.

The review process

To start an application for review you’ll need to submit a QCAT form and provide 1 copy to the agent or dealer and 1 copy to us.

You can give us a copy by:

• emailing claimsandrecoveries@justice.qld.gov.au
• posting to:
  Claims and Recoveries
  Office of Fair Trading
  GPO Box 3111
  BRISBANE  QLD  4001

QCAT will then schedule a review hearing. QCAT encourages you to represent yourself at the hearing but might let you appoint a lawyer in a more complex case. We can’t represent you.

They will invite the agent or dealer to take part in the hearing. If they don’t attend, QCAT can decide in their absence.

QCAT’s decision

Once QCAT has decided, they’ll send you and the agent/dealer a notice explaining their decision.

QCAT may order you or the agent/dealer to pay costs. This means you might have to refund the agent/dealer for the money they spent on defending the review.

A QCAT decision about who pays costs can be based on:

• whether your claim was strong or weak
• how you or the agent/dealer behaved during the hearing
• whether the claim was complex
• anything else QCAT considers relevant.

QCAT’s decision is legally binding unless you or the agent/dealer appeal. Again, you must do that within 28 days.

Appealing QCAT's decision

If you aren’t satisfied with QCAT’s decision you can appeal within 28 days. After this time has passed, QCAT’s decision is final.

You can appeal a QCAT decision to the:

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

We recommend you seek independent legal advice before you start an appeal.

Paying your claim

We won’t pay your claim before the 28-day review or appeal period ends.

If a decision is made in your favour—either by us or QCAT—we can pay you from the claim fund.

We will usually pay within 21 days of the claim being finalised.

More information

• Read more about when you can claim for financial loss.
• Find out how to make a claim with us.