SUPER TRIBUNAL -
WILL ONE SIZE FIT ALL?
Article by Ros Janes - Success Law
www.successlaw.com.au  

From 1 December 2009 the Queensland Civil and Administrative Tribunal (QCAT) will come into operation and will take over 18 existing tribunals. These include the Commercial and Consumer Tribunal (CCT), Retail Shop Leases Tribunal, Legal Practice Tribunal, Guardianship and Administration Tribunal and the Small Claims Tribunal, as well as the review functions of five other bodies. All of these tribunals will be abolished.

Where a body corporate or a lot owner currently has a right to make an application to the CCT, then from 1 December 2009 the application will need to be made to QCAT. All existing applications currently before the CCT will be transferred to QCAT.

QCAT’s jurisdiction will be divided into three divisions being a civil disputes division which encompasses matters pertaining to retail shop leases, building disputes, residential tenancies and minor civil matters (body corporate ‘complex disputes’ will fall into this category); a human rights division and an administrative and disciplinary division.

The conduct of proceedings in QCAT will be similar to the CCT in that QCAT must comply with the rules of natural justice, is not bound by rules of evidence, and must take steps to ensure that each party understands- 

- practices and procedures of QCAT 
- nature of assertions made and legal implications, and 
- any decision of QCAT.

Hearings, in addition to appearing in person, may be made ‘on the papers’ or remotely.

In relation to costs, the general rule is that the parties will bear their own costs. However, QCAT can award costs if it considers that the interests of justice require it which is similar to the CCT.

The objective to restructure and amalgamate the tribunals is to streamline processes and procedures. This is a relatively new concept to Queensland but has been implemented in Victoria under the Victorian Civil and Administration Tribunal (VCAT) for over ten years.

It remains to be seen if this new super tribunal will provide an enhanced service in relation to ‘complex disputes’ involving bodies corporate.

For all queries, contact Ros Janes on 07 3846 4111 or email her at: ros.janes@successlaw.com.au