QCAT (Queensland Civil and Administrative Tribunal) began on December 1 2009; the changes were substantial and many are still coming to grips with the many different procedures.
One of the important procedures that Property Managers and Licensees should be aware of is the use of the QCAT Form 8 - Counter application form. The form should be used in situations whereby the tenant has made application to Tribunal and have listed the lessor/agent as the respondent.
When tenants have made application to Tribunal and therefore are the respondent, property managers should consider whether a response is required prior to the hearing (time frame is 7 days from receiving the application from the Tribunal). If the tenant has not set out all the matters that should be discussed on the day of hearing, and there are other matters that should be mentioned, that is when the QCAT Form 8 should be completed. This allows both application to be joined and heard together. If a counter application is not completed, the risk is that the Adjudicator/Magistrate may not consider other matters that are not mentioned on the tenant's application.
To access the form 8 Counter Application and notes on completion visit www.qcat.qld.gov.au
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