QCAT SHIRKS ITS RESPONSIBILITY
AS SUCH IS NOT COMPETENT
Justice Kerri Mellifont of the Supreme Court, was appointed as QCAT President for three years from 22 November 2021.
Judge Geraldine Dann of the District Court, was appointed as QCAT Deputy President on 27 January 2022.
Senior Members, Members & Adjudicators are listed HERE.
The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that is supposed to quickly (if you are lucky), assist with resolving a dispute, complaint, grievance, of a lay person, without the need for a lawyer.
QCAT has the power to deal with a wide range of matters, from a dividing fence dispute, to seeking a review of a child care protection order, to deciding complex contractual building disputes.
This review however is solely concerning QCAT's jurisdiction in Minor Civil Disputes (MCD) relating to a:
(a) Minor Debt dispute;
(b) Consumer dispute with a Trader;
AND IN PARTICULAR
(c) Trader dispute with another Trader;
and where an application can only be made to QCAT by a "Relevant Person".
The QCAT legislation at subsection 12(4), defines a "Relevant Person" to be:
(a) for a claim to recover a debt or liquidated demand of money-
"a person to whom the debt is owed or money is payable"; or
(b) subject to paragraphs (c) to (f) , for a claim arising out of a contract between a consumer and a trader-
"the Consumer"; or
(c) for a claim arising out of a contract between 2 or more traders-
"any of the Traders";Subsections (d) to (g) deal with Motor Vehicles, Tenancy matters, Neighbour disputes and Building disputes, which are not relevant to this Review.
Pursuant to subsection 7(1)(a) of the QCAT Rules, an application to the tribunal to deal with a matter must be made—"in the approved form";
or in another way as set out in the legislation.
The QCAT website provides very little assistance in the circumstances of an approved form being inexplicably unavailable where there is a Trader versus Trader dispute, as has been provided for in the legislation.
Within the confusing and poorly designed QCAT website (along with its recently updated version), there is a disorganised hotchpotch mix of jurisdictions, information, guidelines and Forms, which fail to provide a clear direction for a potential Applicant. It is easier to follow the QCAT legislation than it is to follow the QCAT website.
Form "3" is an Application Form for- "a person to whom the debt is owed or money is payable" (which requires the debt to be a liquidated amount);
Form "1" is an Application Form for- "the Consumer" (who is suing a Trader pursuant to the provisions of Australian Consumer Law (ACL));
THERE IS NO FORM for "any Trader" (to sue another Trader, where the Trader is not a Consumer thus cannot rely on the ACL, and must rely on Contract Law i.e, Common Law).
AS SUCH, QCAT fails to distinguish between an ACL legislative matter and a Common Law matter, and apparently tries to bundle it all up in the inadequate Forms 1 or 3, thus creating a considerable amount of confusion to potential Applicants (especially Traders), which the QCAT Registry appears oblivious to despite the existence of multiple legislative requirements as set out below, and in any case does a cop-out by saying QCAT staff cannot give legal advice.
QCAT Case Law published by the Supreme Court Library, illustrates many instances of resultant confusion that have arisen because of an Applicant choosing the only available forms being Form "1" or Form "3" (Form 2 is for Tenancy Disputes).
Several months after an Application is made, the matter comes before a QCAT Adjudicator who can and often does (SEE CASE STUDY BELOW) summarily dismiss the Applicant for using the WRONG FORM (for Want of Jurisdiction), instead of assisting the Applicant to proceed in the correct manner as required by:
(i) subsection 31(1) of the Queensland Human Rights Act, that being;
“...a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing”; and
(ii) subsection 28(3)(a) of the QCAT Act with regard to natural justice; and
(iii) subsection 3(b) and subsection 4(c) of the QCAT Act, to ensure proceedings are conducted in an informal way that minimises costs to parties, and is quick, just, fair and economical; and
(iv) failing to provide the requirement of subsections 29(1)(a) and 29(2)(a) of the QCAT Act in relation to, "ensuring each party to a proceeding understands the practices and procedures of the tribunal"; and
(v) failing to provide, "reasonable help to ensure {parties} understanding of the tribunal’s practices and procedures, including, for example, reasonable help to complete forms required under this Act or the rules", pursuant to section 30 of the QCAT Act.
There is can be absolutely no excuse for any Member or Adjudicator (especially an ex-registrar), not knowing of the provision of the QCAT Act that deals with Trader versus Trader disputes. It can be readily inferred that the PURPOSE of this sort of wrongful behaviour is to diminish QCAT caseloads with no consideration given to the Denial of Justice, when Access to Justice is a primary purpose of QCAT.
From the list of unhappy QCAT Applicants below, it appears to be clear that QCAT refuses to refund Application Fees to those that have had their cases dismissed for "Want of Jurisdiction", when QCAT may have been responsible for that very Denial of Justice.
Arguably... if QCAT was a business offering a service, a contravention of Federal & State Consumer Guarantee Legislation would apply.
It's no wonder that practising solicitors prefer to not appear at this place (with leave) if at all possible.
Amusingly, on 6 September 2021 QCAT updated its; "minor civil disputes (MCD) forms with the aim to make them easier to understand and complete" (archive). However, a Form to deal with 12(4)(c) of the Act, remains absent.
"There is another jurisdiction and that may not be here, I can't give you legal advice, but there are other courts and tribunals"
In other words - "GET LOST"
Zoi Bantouna
Worst experience ever owner claimed a damaged kitchen 6 days after end of lease no evidence provided but award compensation.
Mitchell Storrie
their callback service is a bit of a joke. calls you back for literally 2 seconds then hangs up.
Liz C
Useless as anything don’t waste your time or money with QCAT
Li Yu
QCAT really cannot understand the landlord’s perspective. Following the flood event, not only did we had to pay for the insurance excess, clean up and dealing with insurance. We also had to give rent compensation to the tenants based on the order. This is very unfair. This is why landlords are getting out of this market.
Eli LOVENTO
This place are a joke look on my pic
Open case on 8/21 over 640 days no one contact you call and say this on process what a joke and you pay qcat 200$ for what
cobux
Not very great management
Nick Long
Absolutely disgusting. I was a landlord to a previous Tennant who left substantial damage to the property. The adjudication took approx 3 minutes. At no point was my evidence allowed to be shown or my case presented despite having substantial information to counter my former housemates claims. Never again. My advise is to seek out a solicitor that deals with these issues. Yes, it may set you back financially, but it is the principal of the matter.
John Smith
NO STARS. Qcat staff responses to questions 99% of the time are "i don't know" and Qcat favour businesses, so don't waste your time. I had overwhelming evidence and statements from other businesses plus more than 25 plus photos of the damage or jobs not done properly(which are also on my google maps profile) which proved a strong case against Lowrys Auto Body Repairs in Gladstone, and yet once again Qcat favour the business. We need a REAL court to handle these cases, not rookies.
Mitchell Storrie
Are these people allowed to re-open applications for hearing when you live interstate, and have not been served documents for grounds of re-opening the matter (in person). pretty sure the act states if you live interstate they have to serve you.
Andrea Weatherill
QCAT is corrupt. The first thing complainants should ask is "Does the Member/Adjudicator have an associations with a party". If so, they must disclose or recuse themselves from the case. My experience exposed both (two hearings) Adjudicators had (private) school associations with the respondent (car dealership) I brought a claim against. I didn't win despite my case being a text book example of major vehicle failure (according to Consumer Law) and right to refund. QCAT is corrupt. Hold them to account. You (taxpayers) pay for it.
Daniel Rhodes
The single worst organization/public service to exist on planet Earth. You simply will not be able to fathom the incompetence within. I mark my words.
Helen Tran
Hi, QCAT can't do anything, tenants don't need pay rent, don't need pay water consumption, don't need pay City Council Rates. Tenants have rights to keep all their money for their disposal stuffs such as clothes, toys, games ,tv, furniture and take away foods or restaurants or holidays . Tenants don't need to save money, just spend all money because RTA , QCAT and governments always beside tenants and take care tenants even they have rights to damage property.
Sheryl Hellen
Waiting over 6 months to find out if my documentation is approved. Not one person from any departmental area has bothered to contact me either by phone or email. Irrespective of the fact I have sent numerous emails to no effect. Can’t believe we are paying their wages. A disgrace!
Ann Williams
My request for in person hearing was denied despite seriousness of the case. Adjudicator then permitted Respondent to be represented by a lawyer in BREACH OF THE ACT when it is a tenancy dispute. Real Estate agency must have known the Adjudicator was going to allow it !!!!!! Also, the Adjudicator did NOT require Respondents to take an Oath! Was this known also? Evidence provided by me of secondary unlicensed property managers engaging in unlicensed real estate activity on the property (managing entire complex).This evidence was also ignored by QCAT Adjudicator despite it being a crime to operate without a real estate license in qLD !!! My case was "dismissed" with NONE of this evidence caught on tape as Adjudicator would not/did not discuss it despite it being in written evidence. Case clearly scuttled so no evidence on tape if there was ever an appeal. Perversion of course of justice??? Un-named QCAT Adjudicator ! Are unscrupulous real estate operators being protected in QLD? How?
Michael Mangelakis
As a seasoned veteran agent of more than 28 years I find this organization a complete waste of time and energy. Matters heard by pretend, old, no idea people who act as ajudicators meanhwile being paid by tax payers money to lay judgement on a piece of paper that is actually worthless and doesn't actaully hold any weight. It is time all matters that renters, or landlords and agents look at other ways to resolve matters. Maybe it is time to disolve the RTA & QCAT who just park people in chairs, pay them high wages, but are useless in their roles and lets put everything in the hands of the Office of Fair Trading. 1 Department to handle all complaints or matters, no matter what type and who work or act under all laws of QLD.
Jackie Buttress
Possibly the RUDEST staff to ever work in a Courthouse. Superrrrr unhelpful. Will tell you that you can’t lodge something in that format but never actually give you any direction or assistance as to how to do it properly.
Jennifer McConnell
QCAT is a toothless tiger. They in no way contribute to society or justice for anyone and are not accountable for anything they do (or dont do) or say. Absolute waste of mine and other tax payers money
Karen McGrat
No point in going to QCAT for justice over rental properties as a tenant. The system is in favour of the landlord as it's clear the adjudicators also have rental properties so they want to deny basic human rights to tenants. If you want justice, you need to take it into your own hands.
Lily Zhao
It is a waste of my time to seek justice and waste of tax payer's money for those working for NCAT.
I just found out my dispute with my agent who didn't mange my property properly and cost my loss was dismissed. I was extremely surprised as my case seemed to be so straight forward. The bond paid by previous tenant was for 4 weeks, but my agent didn't notify me of the rental arrears after 5.5 weeks! That is more than 4 weeks bond. The negligence from the agent cost my loss but QCAT dismissed my case. What can I say!? No doubt so many of my friends warned me that it would be a waste to seek justice from QCAT.
John Litt
Absolute disgrace of a public service. If you are applying for a minor civil dispute I urge you not to make the mistake of paying or trying with this corrupt court. They have used Covid as a excuse to add a further 7 months to the usual hearing time. If you do decide to wait 14 months for your hearing they will waive the case, or send a mediocre mediator in which no one ever attends. Not to mention they blatantly lie, as their proceedings hold no legality. Another legal scam set up by the government, which provides no justice whatsoever. I paid $215 for the filling fee, which just went to waste. I urge anyone to avoid this scam, and instead apply for the Magistrates court directly for a hearing. They aren't the best either, but you've got a much stronger chance of justice there.
Sean McDine
I have just been booted from my premesis for no good reason and just read your reviews. So I WARN YOU NOW,
IF YOU EVEN THINK ABOUT TREATING ME WITH DISRESPECT OR ARE UNFAIR/BIAS TOWARDS COMPASS HOUSING IN ANY WAY I WILL BE SEEKING DAMAGES IN THR CIVIL COURTS! I want this dealt with fairly and professionally.
Josephine Mackey
The adjudicators are unprofessional. They call you a Liar, they tell you you are too aggressive.
Honestly, these adjudicators need full length mirrors to look at themselves and realize that they are the ones acting unprofessionally.
Who do they think they are?
They have no right to sit in personal judgement of anyone. They are there to adjudicate and use the law to do so. They are not there to caste judgement. They are soooo arrogant and condescending. I am appalled that as a tax payer this is the best that QCAT can offer bearing in mind that my taxes pay these "upstarts" wages.
21.02.22 Adjudicators are now calling "tax depreciation" an advantage that the landlord has and that tenants shouldn't have to pay for damaged walls as the landlord receives the tax depreciation on walls etc. throughout the property.
Tax depreciation is available for people that are prepared to invest in a property and make it available for rent. If the Australian Govt did not allow depreciation, then a property may not be available for a tenant to rent. This could well result in a momentous housing shortage.
The REIQ and landlords were both opposing Labors' wanting to introduce the removal of tax depreciation over the past 2 years.
If we deter the landlord from taking advantage of the tax laws around investment properties then it will be on our heads if the rental pool is reduced.
At the end of the day, If a person invests into a property they are entitled to expect a return on their investment not loose on that investment because a tenant has done damage that they should repair.
Nun Ya
Unprofessional judgement and so rude!!! Talked down to me to where I was in tears because it seemed the person hearing my case was listening more to the lying property manager who has clearly gone through this sort of thing on multiple occasions, I had so much evidence that someone without knowing anything about the law would have sided with me, qcat your an unfair system and it really needs to change get people in there with a little more compassion to people who clearly have anxiety when it comes to things like this
Theresa Stone
Such a waste of time. Adjudicator was rude and uncaring. Save yourself time and money and go to a lawyer.
Richie Low
Poor administrative service. The member didn't take into account all evidence in our case, allowed the adults lawyer to hold back evidence, only allowing my lawyer 10mins to review the evidence. Kangaroo court system. Not in the interests of both parties.
Susan Carpenter
We have always been very happy with QCAT in dealing with our Minor Debt applications. We wouldn't get paid by some people if we didn't use this service. Thank you QCAT!
Des Dorothy
As a consumer you won't get justice from QCAT because they are biased to the business & ignore evidence, but the small claims process puts the ripoff business name on public record & that is a win for everyone especially their future customers.
Note: you can also *appeal a decision through QCAT but there are strict timeframes, & *make a complaint against an adjudicator "to enable improvement of QCAT’s performance." Use every legal path available to you.. & it may help someone else in the future too.
Pleiadian
If you have a tenant that does not want to move out save your time and go to a magistrate court instead. You have been warned. Qcat will only make you loose your time and it will take double time to evict any bum from your expensive and hard earned house.
Christopher Ashford
QCAT run their own race. They do not operate on law and legal precedent, they run on feelings & emotions. Decisions/Directions aren't enforceable by QCAT.
Bhagwant Singh (Rao)
They are absolutely biased and do one sided communication!!and All about real estate agents. They listened there version and make up there mind based on there stories.abysmal
Kamalpreet Kaur
They wont even hear to the tenants point of view..only listen to agents. We had to pay for los of 4 week of rent even though house was sold in a week. Total waste of money.
Jasa Rakus
2 years of waiting, endless phone conversations, mediations, hearings to still not have a decision. Not sure in what fantasy is this a "faster and easier way for dispute resolution". As a tax payer, i want my money back :)
Conrad Sebastian
The outcome had been determined (and written) even before the hearing. The hearing is just show business for public servants. A complete waste of time and public resources. May as well build a colosseum and determine outcomes Gladiator style with two opponents and throw a lion in for good measure.
You would get a much fairer result. (one star too many)
Adam
Absolutely shocking, wouldnt reccomend to anyone ever. Going through QCAT made things worse and took a ridiculous amount of time when all the evidence was there for everyone to see. Would give no stars if i could.
Brett Vowles
Qcat is a hopeless system, waste of tax payer money
Shelley Hedley
poor performance, dont listen to the case, decisions made in advance
Brad Gardner
CAUTION – Read this before you pay any money to QCAT.
I made an application to QCAT and depending on how much you are claiming in your minor debt dispute determines the fee you need to pay to QCAT. In my case $346 was the application fee.
If QCAT consider that they don’t have jurisdiction to hear your case, they will keep the fee. They will NOT refund your fees and they will decide this without you going to a hearing or mediation they will just say we can’t look at that and keep your fees and dismiss your case.
If you complain to the Attorney General’s Office they will fob you off back to QCAT, usual Government round robin.
You are better off making an application claiming $1 then when QCAT register your application email them to make a determination whether they have jurisdiction or not.
If they don’t then you’ve lost your money but at least not a huge fee. If they do have jurisdiction AND you have got a Confirmation email from them you can increase the application amount and pay the appropriate fee.
Don’t put in an application for a high amount until you do this or you will lose your fees.
Money for nothing. A legal scam by QCAT.
Oh and there's the usual incompetence that goes with an organization that scams you on top of the company that has already scammed you.
Jaxon Barnz
the door hit me on the way in and this marshmallow of a person jumped on me. Then I got kicked out by QCAT because it was my fault. :(
Alexandra Sticklen
I had a hearing the year before last against one of my clients who refused to pay for the good I had agreed on making for her. The member was very calm, straight to the point and sharp. He listened to both sides, saw our evidences and made a quick decision that she needed to pay me everything in full. I felt very grateful with what happened and how QCAT acted. Very fair and efficient. I will recommend it to anyone if you know you are in the right. Just dress nicely, turn up professionally, stay calm and have clear and succinct evidence, you will have a great start.
Honest Review
What a Disgusting Organisation, "Cheap, Quick access to Justice" totally miss leading, this entire department including the Minister should be sacked, they treat the Public with Contempt. The so called Members are disjointed from reality showing no empathy or common-sense whatsoever. The public are expected to know every aspect of law, supply expert evidence then if these prima dona feel up to the task its any persons guess which way your case will be determined. Forget QCAT, a total waste of tax payer’s money.
Jared F
Extraordinary. The 'Judge Judy' adjudicator found it amusing to question me (full time tertiary student/parent) as to why I didn't get a job (during lockdown) to pay off our rent in arrears, rather than investigate why we given a Notice To Leave (and told to expect new applicant inspections) during the Covid moratorium, why our initial letter to the owner requesting rent freeze was blocked, and why a reference from previous building management to cite perfect 2 year tenancy prior to Covid, all blocked by Stockwell. Don't rent with Stockwell Pty Ltd, and dont expect a fair hearing from QCAT. Judy Judy wanted us to be evicted immediately, but we negotiated to get 6 weeks to find home - at Xmas time, and we have 3 year old to care for. Extraordinary clear bias in favour of Stockwell, via a humiliating and interrogative process.
My advice is to dress well as impressions are important, to do your homework ie talk to RTA and get help from QSTARS, remember to bring a hardcopy of all your supporting documents, and expect the 'judge' to have little knowledge of ans show little interest in your case. You DON'T have to answer the invasive, personal questions if you don't want to, and you DON'T have to feel pressured to agree to their demands. If you know are in the right then fight for it, and if you still lose, do so with dignity. Its a rigged game, one may even suppose bribery here, but you might get lucky with a judge that hasn't completed shunned their own humanity and common decency. Based on my own farcical experience, I feel decidedly cynical. Just remember, your dignity is a greater prize.
Thor
No stars!!! Truly horrible!!! QCAT does not have the best interests of Applicants and victims in mind. They are unfair, biased, prejudiced and unsympathetic. Everything bad other reviewers have said about QCAT is completely correct. It is a waste of time and money. There should be a Tribunal to make complaints about QCAT to. QCAT discriminates against and victimises the people who go to them for help about complaints in contravention of the Anti-Discrimination Act 1991. It really is unbelievable. But it is Queensland afterall. Move to another state.
Kris Anon
Adjudicators don't review submissions and seem to pluck outcomes from the wind rather than relying on evidence or law. If you can avoid, AVOID!!!!
Vanya M
No stars. Very dysfunctional and unfair agency. Judges ignore important evidence and just dismiss cases based on their own personal opinion, not the law. There is no legal justice through QCAT.
Chris
Truly abysmal. Lets do a quick recap on the mission of QCAT:
"To actively resolve disputes in a way that is fair, just, accessible, quick and inexpensive."
I have had the wrong case notes sent to me. Multiple dates moved with no explanation. Followed every escalation path in QCAT to resolve this in an expedient manner and had utterly inane responses all the way up to the ministers office.
My case took approximately 6 months for a hearing and has not progressed since (another 6 months). Call and try to get an update? That takes 90 minutes, and generally the answer is - "that's how long things take". Nothing about QCAT is "quick" or "just". Truly a waste of tax payers’ money.
Harlyn Dakota Paislee
I had a qcat hearing today against Ian weigh vs consumer had sufficient evidential material however upon phone call they did not have all material consequencley was misconplacement do not go through these people you just get no where bar going in circles over and over I had pulled out and now going to courts as I believe you get more of a chance to be heard .
Brad Smith
I lodged a claim through QCAT against a motor vehicle dealership that had clearly ripped me off more than $400 and it was referred to the Maroochydore branch. I submitted independent evidence from a third party to support my claim. The respondent had nothing and could not refute my evidence. The "member" ruled that there was "insufficient evidence" in a nervous voice and dismissed "both" parties claims? This is outrageous because only I had lodged a claim and only I had submitted solid evidence. I asked for the reasons for the decision and they sent me a CD with a recording of the member simply saying "insufficient evidence" with absolutely no explanation. This tribunal is corrupt and the member knew the car dealer so ruled in their favour. Don't bother using this tribunal since it is corrupt and they will take your application fee and do nothing for consumers. Queensland has become a state notorious for corruption in all its government departments and legal judiciaries.
Riverside Organics
Our telephone mediator (due to COVID) created extra conflict by getting both sides to talk about issues that were not in dispute rather than looking for what was in agreement and starting from that point of agreement. Alternativey they could have talked to each side separately to ensure the parties knew everything they needed to know to make a good decision - given that as it turned out the mediator wasn't making the decision themselves. Then the mediator just kept repeating ad nauseum 'if you don't agree (with each other) it'll go to the Magistrates Court and take (varying numbers) of years to be resolved' and left us to fight it out while they maintained their 'many years to go to Magistrate's Court' manta in the background. Would have been better to skip all the QCAT palava and go straight to the Magistrates Court in the first place if one was looking for a fair decision to be made. Our mediator did not seem to have absorbed any conflict resolution training they may have received or maybe they are not trained?
Brenton Morris
Qcat dont let me do what I what my life theirs the take away things because they think they are helping
Mart Mart
Property manager used all the tricks including wrong addresses, random case law and not bringing his staff so adjudicator had insufficient evidence to do anything.
Chloe
I have called a QCAT twice regarding a joint administration application and spent at least 20 minutes per phone call being informed on everything and anything I may have needed to know. I have found QCAT absolutely fantastic and would recommend to anyone who had any queries. I couldn't find anyone who would or could assist me in my enquiries as they involved a transfer across borders and neither state it seemed could give me an answer, nevertheless any information regarding it at all. Thankfully I got onto QCAT and found everything I needed to know.
SIOBHAINE WARD
We used QCAT and the RTA for assistance after renting a property with Mr Peter Baines - 8 Chichester Dr Arundel Qld. We paid $1120.00 for a full bond clean for this house we had rented for just over 2 years. The landlords said we did not leave the house in a required standard of cleanliness and they wanted another full bond clean. Peter Baines had also taken 2 auto payments from us for the rent after our lease had terminated due to my father having cancer and not being able to cancel. I went to court and had so many photos , emails copy of receipts and evidence that the judge saw,Peter showed up with bad quality photos and a few receipts . The judge was not only rude but completely sided with Peter Baines and he was told to simply return our over paid rent , he got no fine for holding on to $1450.00 of our money for 4 months. This was a joke and i believe the judge had all ready made up his mind and could not be bothered to hear our side. Peter Baines got almost everything he wanted and walked out with a smile and I felt sick, no justice renters are seen as scum even though we are paying huge rents. The one star is only because I can not post with out it. I feel as if renters have no one that stands up for them and the the RTA can do nothing to help you and it was a stressful waste of time.
Michael Klug
Better to go straight to Supreme Court. Don't waste your time and money here.
Brad Horton
Very unprofessional and biased...the sitting 'member' obviously doesn't have the skills needed to go further ie Supreme Court, so just sits there in his ill fitting suit mindlessly nodding throughout case, with his mind already made up before proceedings begin...add QCATs egotistical and narcissistic 'expert witnesses' and you have a recipe for disaster from the get go...waste of time and resources...corrupt to the core.
Brock Alexander
They don't take on un-paid wages disputes with employers. They take your money though they don't advise you that there's a jurisdictional issue regarding wages.
Hunney Harris
Inconsistent rules & proceedures when submitting claims and responding. I am now having to get a 3rd decision amended due to an internal mistake.
Jacob Brown
Although I respect the adjudicators diligence during our hearing, I am astounded that in 2020, they would not accept high-definition CCTV footage (being 'digital evidence') proving my case, from my phone or on USB; then have the audacity to say 'in lieu of an (honest) eyewitness statement, the burden of proof is on you' and not award me the compensation for property damage.
Very disappointed in this archaic judgement.
Mia Xu
It is completely waste of time, waited 6 months to the hearing, the judge was completely on the agency side. They claimed the entire bond and got what they wanted! Tenants are on the weaker side and there are no justice for them.
Xavs Theorys
I have personally had a good experience there with a magistrate. However there are too many JPs handing out judgements instead of magistrates.
Francis Hart
An hour for a pickup call typical
Geoff Linfoot
Don’t waste your time and money with this totally hopeless, extremely unprofessional and incompetent department. Each time I called I received a different story. At one stage they cc’d sensitive information to the respondent.
I flew back from interstate work just to attend the tribunal hearing. 1 hour before the hearing was due to commence, I was informed it was dismissed because it wasn’t in QCATs jurisdiction.
What an absolute joke.
This department and these people would never survive in the real world. Stop wasting taxpayers funds and close this department.
MTB 50 PLUS
QCAT Tribunal Hearing debacle / unprofessional. I took a tenant to the tribunal for repeated Rent Breaches (6 in 12 months) and other Breaches of their Tenancy Agreement. The Member who sat on the court hearing didn't know the correct Act / Regulation and made an incorrect decision. I tried to bring this to the attention of the QCAT President so the Member is aware of his mistake but I was told I had to Appeal - even though I made it clear I didn't want to Appeal. The QCAT process of Complaint / Appeal needs to be looked at, they force you to go down the Appeal process which costs $340.00 How can the QCAT President allow one of his Members to continue to make decisions at tribunal hearings when he clearly doesn't know the correct law. If I could give zero (0) stars I would - the whole process has been a bad experience with no assistance from QCAT President!!
Funny Bunny
Very unepic service
N R
I had a very interesting unbelievable experience today. I took two parties who rent out car for relocations to hearing as they had failed to provide us with a safe car as they had promised . The photos of the car were provided and the car owner admitted the car wasn’t in a legal condition to drive. They then lied and said they had found another car for me and I refused to take it. No one asked them why in the first place they provided a car which wasn’t roadworthy. Only because they were two and I was one, two oath against one, the case was refused. My original intention was to stop them giving an unsafe service to public. Unfortunately, they are now even more encouraged as they have now found a way to get around it....They now lie together to win. Happy providing unsafe public service!!!!!
Eagle Eyes
One word...Corrupt.
G.S Ali
How things have been going recently in the department of law and Justice. If someone has committed a murder and all the evidence proof their crime they sent free even if there is a verbal record of their admission of crim it will not be considered as a sufficient evidence. Similarly if any industry for instance a Real Estate or an insurances company make an allegation to take your money without an accurate evidence, then there allegations will be considered as a true claim. so if they own you a thousand dollars and claim for a million dollars, then the court will issue an order against you to pay them what ever they claim for regardless your evidence but regarding their no evidence .
Olive Grove
Qcat don't comply to their own legislation
Leanne Stavrou
Terrible and unfair experience. The tribunal adjudicator is not a lawyer, yet ruled on contract law issues. Then she stated that the tenancy act is only a guide and landlords can get away with not following what the RTA advises. Allowed the real estate agent multiple chances to produce information when they were clearly unprepared and took their word on things they couldn't produce evidence for. QCAT is a joke
Colin Frey
You win the court case. Get a piece of paper. And that is are far as it goes! Pathetic service. Not only have I not been paid my $7,000.00 but also out of pocket from Qcat costs & bailiff costs!! No refund from Qcat. They didn't want to know anymore.
Rental Trends
No stars. Tenant lodged an application on 19.07.18. QCAT posted the application to us 17.10.18 along with the hearing date of the 06.11.18.
Australia Post delivered to our PO Box 24.10.18. The legislation states that we have 28 days in which to respond to the application.
Because we have not had the 28 days to respond we have asked for an adjournment. Adjournment declined!
I really believe that this government department needs to be made more accountable. Between adjudicators not agreeing in the depreciation percentages on items that have been damaged by a tenant to the contradictory decisions that are constantly being made, trying to work in with QCAT is proving to be incredibly biased against agent/landlord.
Karen Chisholm
This would be a great JP service in the CBD, if it was confidential! A few weeks after going here to get my will signed, a friend who heard this through the Brisbane grapevine, said to me, "So you are going to leave your money to xyz" The female JP who viewed my will is the only person who knows & should know this information. I am furious.
Brian Evans
I was unfortunately away overseas when Dean Alan Munro initiated a QCAT claim relating to his publisher who is a dear friend of mine. I do feel that the QCAT system is not setup to accommodate people who are emotionally stricken, unwell or by way of not able to produce paperwork as the courts insist. There should be support for these people to assist with correct collection of evidence and paperwork etc. Ordinary innocent people can not afford the cost of legal representation. And for this they are inadvertently denied real justice.
William Tonker
Hopeless is how i'd best describe QCAT.
Matt Price
What a total waste of time and money.
The adjudicator was stupid, useless and downright ignorant. Advise that the adjudicator learn the law prior to being put into such a position. She advised the insurance company should be responsible for chasing unpaid invoice. Isn’t that the purpose of having QCAT? What a joke. Lost my faith in this body and legal justice in general.
Peter Berman
If I could give a lower review I would.
We had an open and shut case today. I am the landlord. My tenant gave notice and then did not pay rent from that day forward (ie. did not pay rent up to the end of their lease).
The judge today decided to not award me the rent that they owe me!!!!!!!!!!!!!!!!!!!!!!!!!!
THERE WAS NO JUDGEMENT INVOLVED IN THIS CASE ITS SIMPLE MATHS!!!!!! IF YOU RENT A PROPERTY YOU HAVE TO PAY RENT UNTIL THE END OF YOUR LEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I just rang up to complain and QCAT hung up on me!!!!!!
If anyone knows how to report QCAT please tell me or are they immune to any recourse for mistakes they make???????
Go to hell QCAT.
James Berman
My tenants didn't pay their rent up until the end of their lease. QCAT returned their bond in entirety so obviously I was furious. We are taking the tenants to court (well supposedly...) over this ridiculously simple dispute that doesn't even need a court hearing and QCAT has just delayed the proceedings AGAIN!!! I HAVE BEEN WAITING 2 YEARS FOR THIS TO GO TO COURT OVER AN OPEN AND SHUT CASE!!!!!!! I HAVE HAD ABSOLUTELY DESPICABLE AND REPREHENSIBLE TREATMENT THAT IS UNACCEPTABLE AND UNFORGIVABLE. The entire QCAT organisation should be shut down and a new court system built from scratch with none of the current staff or employees involved in any way whatsoever.
Ander Estruch
I just went to pay a visit to the Justice of the Peace. Please do yourself a favor and go to another one. I just had to certify a few documents and the JP made it impossible. Disgusting treat, a simple process became something so hard to deal with. I want to believe he is not like this and he just had a bad day.
Ruben “Zedz9676”
They shouted me a free cat when my cat went missing and we had to start a case.
Laurie Prentice
What a waste of resources dealing with QCAT. 12 months and $15,000 later with a straight forward, black and white case and still no result. The Family Law Court is going Federal. There must be an alternative solution to this pathetic tribunal system.
Amy Nyhan
If I could rate less than 1 I would. Don't waste your time and money, even if you have a black and white case. I literally had all the evidence in the world and even addmitance from the manger of the real estate that they didn't do their job. The whole time the "judge" was saying he preferred my evidence etc and very last minute sided with the realestate/homeowner. The biggest joke I've ever witnessed and as for justice... QCAT should be disgusted. What's the point in having you, if you aren't actually there to help those who have been screwed royally. Siding with those NOT following LAWS AND REGULATIONS just reflects how much of a joke you really are QCAT
Stephen Garbett
Unbelievable with written formal information, but unqualified to really help anyone with the basics, one needs to be a Qualified Lawyer/Solicitor to properly understand what they say…, you are much better off seeking your own legal representation
Amanda Langley
Accepts unsubstantiated evidence from dodgy landlords and obviously does not take into account the actual.facts this is a corrupt and unjust gob department. Bullies
Courtney J
QCAT is an absolute joke of a system. We went through QCAT because our landlord refused to return our deposit despite us leaving the house in immaculate condition. The only reason the landlord was keeping our rent was because she wanted vengeance for us breaking the lease early - this is a woman that we had to file a police report against because she was showing up at the property without permission and unannounced, and even harassed our soon to be landlords. We did everything by the book, including invested countless hours in photographing our evidence and making copies available for every person present. Our landlord showed up with a photo album containing pictures of items we had never seen before as her "evidence" for claims she never made until the day of our QCAT hearing. The judges at QCAT actually copied the pictures for her and gave them to us, meanwhile refusing to watch a 5 minute video that we made upon exiting the property, which would have cleared everything up because every claim she made was refuted in the video. They also did not look at any of our evidence and became annoyed and wanted us to hurry up when we tried to get them to look at our evidence. At one point, the judges agreed with us that the images she had of some curtains did not match the images of "damaged curtains" that she was claiming we did. The most absurd of her claims was that we broke a key in the door, so she had to replace every lock in the house and wanted us to compensate her for it. Yet, as I pointed out, she never claimed that a key was missing until that moment - there was no mention of a missing key upon the exit report and we had pictures and video of all of the keys being left on the counter upon our exit, as well as proof in the video that the door unlocked and locked. The judges seemed to be on our side, until suddenly at the end they weren't. They ended the case saying that "clearly, someone is lying and why would our landlord lie?". Um, to take our money, perhaps?! And that was it - they sided with her in full. I would NOT recommend going through QCAT.
David Cook
QCAT appointed ADA AUSTRALIA to be my mothers advocate in relation to my application to be my mothers administrator.
An employee of ADA Australia named Rebecca Anderson, was then given the task to be my mothers VOICE. Firstly on the ADA Australia's Facebook Page, it mentions that they wish to welcome their new partner The Public Trustee. That in itself in a Conflict Of Interest, especially since this Rebecca Anderson actually recommended The Public Trustee as my mothers Administrator, of course she would, it's their partner!
Then this Rebecca Anderson ignores my sisters view, opinions and comments who was noted as a POI in my application, then ignores the views, opinions and positive support for me to be my mothers Administrator of my mothers next door neighbor of 16 years who is also a nurse at the Mater Hospital and ignored the views, opinions and positive support of my mothers best friend of 35 years who has known me since I was 12.
All three supported my application & were left out of her submission to QCAT.
An ADVOCATE? I don't think so. Instead she opted to accept the views of my mothers older friend who had not spoken to my mother in over 3 years & their friendship had ceased. If that was not incompetent & far from an advocates responsibility for a fair VOICE for my mothers best wishes, she then had the hide to say that I was only willing to look after my mother (And sister who has schizophrenia) who suffers from Dementia in EXCHANGE for living in her house. How rude.
Then to TOP that off, she then says I should also be removed as my sisters Administrator and Guardian & the icing on the cake was that she said my mother had told her if she was to die my sister was to inherit everything.
My sister, my mum's neighbor, my mum's best friend and my 5 aunties all laughed at this ridiculous alleged conversation noting that my mother doesn't tell anyone about her personal wishes especially someone who had only met my mother a couple of times who came to take my sister to appointments & was always asked to stay outside until my sister was ready & refused entry into my mothers house.
A quick Google background check on Rebecca Anderson of ADA Australia shows that if any sibling or family member has a past criminal conviction then she would automatically reject their application & assumed instantly that they would rip them off.
A so called external investigation into my concerns was done by graham innis who supported the fact that she had never included the views and opinions of my mothers closest friends & had accused me of lying to him because I told him that my mothers old friend had not spoken to her for over 3 years, whom I tracked down because Logan Hospital thought she was my mothers EPOA but had no paperwork substantiating this & said was unable to do so anyway.
After speaking to her she asked where my mother was as she wanted to visit, which I had informed her of my mum's whereabouts & as my mother told him her old friend had recently visited (Because I had tracked her down) he mentioned in his report that I had lied. What an imbecile, he had no wisdom or investigative skills to add one & one together.
Then after all of this drama, I had posted all of her doings on social media & she had made a fake Facebook account to swear at me, call me names & threatened to display my past criminal convictions which would be a MASSIVE breach of the privacy act & her obligations & responsibilities given to her from QCAT & her role as a so called confidential advocate.
So thanks QCAT for appointing some nut & freak who stalked me & who threatened to release personal info that you gave her & for taking my $100 for my appeal that lapsed passed the time of the next hearing saying I had not yet paid only to discover and apologise that you had confirmed I had paid over the counter the very day I submitted my appeal.
After all of my experience with QCAT I can positively say, that the only Member who I feel is an asset and whom I have faith in, would be Member FORD. So Member Ford gets the 1 Star *
Brendan Cliff
Poor owner protection service
Kelly Buckman
My experience today with the QCAT court process was one of complete professionalism. The legal representative who heard and mediated the case was articulate and concise, he knew the tenancy act and applied it fairly and accurately. I felt heard and my views were taken fully into account. This was a case where the managing agent pressured by the owner, who was selling the property, decided to take from the bond of $3400 over $2000 in unjust and unwarranted claims of cleaning and gardening, hugely inflating cleaning and gardening charges. For a property that was left in A1 condition. Justice did prevail and this clever legal representative saw right through their actions and failure to follow the act.
Nathan Lemire
Staff are helpful and will answer your questions to an aedministative level. they do not and should not offer legal advice. comments here are unkind for such a busy court. prepare your case well and read the act for what you can claim and how to justify it.
Travel Review
What an absolute waste of time and money, I attended a hearing yesterday, the decision was made based on a balance of probability, Dr Collier completely ignored some of the arguments and some valuable evidence i had. All the way it was easy to see that he felt superior and better than everyone, very much so full of himself. Him and his female colleague entered into an almost private and ignoring discussion with the respondent. They both jumped to conclusions, and made a decision on probability rather than beyond reasonable doubt. It was a complete joke, these people come to work with no people skills and ZERO knowledge of procedures. They both told me I could not appeal the decision, when there is clearly an appeal form and process on the QCAT website!! I never been in presence of such incompetent, partial, and irrational government personnel!!! Now if I want to complain against that none sense I have to pay for the appeal another $330,00. This is the administration of incompetent people.
Queensland Corrupted Association of Theives (QCAT)
Shannon Williams
Very biased. Had proof that owner of property was not maintaining the property. Proof that because of lack of maintenance caused personal property damage even the entry form proved i was telling the truth. And still they gave it to the landlord. Even produce pictures that construction was going on at the house and the house was being gutted still didnt even account for fair wear and tear. Even receipts provided by owner confirmed that i was telling the truth. The owner is a real estate lawyer as i just discovered.
AND FROM BING.com
Stephen Garbett
Unbelievable with written formal information, but unqualified to really help anyone with the basics, one needs to be a Qualified Lawyer/Solicitor to properly understand what they say…, you are much better off seeking your own legal representation
Amanda Langley
Accepts unsubstantiated evidence from dodgy landlorda and obviously does not yake into accoubt the actual.facts this is a corrupt and unjust gob department . Bullies
Courtney J
QCAT is an absolute joke of a system. We went through QCAT because our landlord refused to return our deposit despite us leaving the house in immaculate condition. The only reason the landlord was keeping our rent was because she wanted vengeance for us breaking the lease early - this is a woman that we had to file a police report against because she was showing up at the property without permission and unannounced, and even harassed our soon to be landlords. We did everything by the book, including invested countless hours in photographing our evidence and making copies available for every person present. Our landlord showed up with a photo album containing pictures of items we had never seen before as her "evidence" for claims she never made until the day of our QCAT hearing. The judges at QCAT actually copied the pictures for her and gave them to us, meanwhile refusing to watch a 5 minute video that we made upon exiting the property, which would have cleared everything up because every claim she made was refuted in the video. They also did not look at any of our evidence and became annoyed and wanted us to hurry up when we tried to get them to look at our evidence. At one point, the judges agreed with us that the images she had of some curtains did not match the images of "damaged curtains" that she was claiming we did. The most absurd of her claims was that we broke a key in the door, so she had to replace every lock in the house and wanted us to compensate her for it. Yet, as I pointed out, she never claimed that a key was missing until that moment - there was no mention of a missing key upon the exit report and we had pictures and video of all of the keys being left on the counter upon our exit, as well as proof in the video that the door unlocked and locked. The judges seemed to be on our side, until suddenly at the end they weren't. They ended the case saying that "clearly, someone is lying and why would our landlord lie?". Um, to take our money, perhaps?! And that was it - they sided with her in full. I would NOT recommend going through QCAT.
Karl G
After a rental dispute from our landlord who we had already filed notice of breaches with through the RTA and who found her guilty of two breaches, the landlord tried to claim our bond when we vacated the property. The QCAT guidelines made clear that we would need to have evidence of all claims made against us and have clear references to it in the documentation that we were required to submit prior to our hearing date. My fiance and I spent literally hours upon hours preparing e-mails between ourselves and the landlord, text messages, etc. to dispute the claims that she put forward in her submission before the hearing. We were explicitly informed that no information would be accepted after the submission date or on the day. After preparing our evidence, post-noting it all and even writing page numbered contents to make it easier for the judge, the landlord changed all of the items she had originally put forward as being in breach of our bond ON THE DAY! I had filmed the entire house including doors, locks, walls, floors, etc. before we left and when I tried to submit it as evidence the QCAT staff hearing our case said, " If you want to submit video then we will keep your computer". I asked for an explanation and they told me that it would be evidence and that they would have to keep my computer and it wouldn't get returned! One look at the video footage for 5 minutes and they would have seen that all of her claims were false and closed the case. Instead our 20 minute hearing resumed. After this we were told to submit our evidence. We still were confident that she had no case as we had prepared thoroughly. Upon handing over our paperwork they turned to the landlord and she said, "I'm so sorry but I forgot to prepare my documents, am I able to print?". After yelling at her and telling her that that was against all protocol they then told her that they would make an exception in this case!! We couldn't believe it. Then, while their assistant was printing her documents the QCAT staff turned to us, held up our paperwork and said, "Do you expect us to read all this?". By now my blood was beginning to boil and my fiance said calmly, "no, we just prepared as much as possible to ensure that we could cover all of our bases". To which they snorted. Literally. When the landlord came back to the room with her printing she had a quote from a locksmith because apparently we broke the keys in the door and she had to change them. There was no evidence of a broken key or broken lock and we had the video (which they didn't accept) showing us entering the house and leaving all the keys in the kitchen drawer, we even had photos of the front door and keys - THEY RULED IN HER FAVOUR She also had a picture of a rolled up yoga matt in the dark with what looked like screwdriver stab marks in it and that she claimed were curtains - THEY RULED IN HER FAVOUR. This went on, as they summarily dismissed all of our evidence (didn't even look at it) and awarded in her favour with ZERO evidence and the fact that she changed all of her complaints on the day, which we also had evidence of. In the end, they awarded in her favour the full bond, meaning that despite the fact the RTA had served her with two breaches, she had not prepared any evidence prior and that she had changed her complaints from what she had originally WRITTEN DOWN, they still gave her our money! I wanted to appeal, however found out that we would have to pay another $300, file all of the paperwork, evidence, etc. just to be heard by these incompetent pieces of work all over again. QCAT reflect a failed system which sides with landlords over tenants in the majority of cases, even when tenants are well prepared and in the right. It's ironic that they were set up to combat the unfair system that had been proven to side overwhelmingly with landlords. Nothing has changed. If they abided by their own rules, the case would have been thrown out when the landlord presented no evidence. Go to a real court with real judges who if you want the right to a fair hearing. Avoid these amateurs!
Kelly Buckman
My experience today with the QCAT court process was one of complete professionalism. The legal representative who heard and mediated the case was articulate and concise, he knew the tenancy act and applied it fairly and accurately. I felt heard and my views were taken fully into account. This was a case where the managing agent pressured by the owner, who was selling the property, decided to take from the bond of $3400 over $2000 in unjust and unwarranted claims of cleaning and gardening, hugely inflating cleaning and gardening charges. For a property that was left in A1 condition. Justice did prevail and this clever legal representative saw right through their actions and failure to follow the act.
Throughout this QCAT proceeding (Craven -v- Flowerhub Pty Ltd) Mr. Nicki Christensen (sole director) for the Flowerhub Pty Ltd Respondent, while having no defence in law, has serially lied to QCAT and made ridiculous and insulting comments some of which can be seen in the AFFIDAVIT Exhibits 1 & 2. He claims amongst other things, that the failure to provide the purchased Wedding Flowers was down to... Acts of God and refers to the Applicant as being: malicious, a bully, delusional, aggressive, slanderous, jealous and falsely making out to be a customer despite his own company records evidencing otherwise.
Pursuant to section 216(2) of the QCAT Act, it is illegal to provide a document containing false or misleading information (essentially lies) to QCAT. Pursuant to section 219(4) of the QCAT Act, the Applicant has made an application that Flowerhub Pty Ltd and/or Mr. Christensen be punished for contempt. Documents regarding the application are: APPLICATION, AFFIDAVIT, SUBMISSIONS.
Mr. Christensen was invited to make submissions by QCAT but declined, and has since doubled down on his bullshit to QCAT.
On 25 October 2020 Mr. Christensen failed to turn up for the Dispute Hearing or the Contempt Directions. At the hearing the QCAT Adjudicator (David Bancroft an ex Registrar) demonstrated a dismal understanding of the QCAT jurisdiction, and after over 5 months of pre-hearing matters, and where the pleadings clearly set out a Trader versus Trader dispute which attracts 12(4)(c) of the QCAT legislation, the learned Bancroft dismissed the Application for Want of Jurisdiction because the wrong Application Form was used.
More info at: Flowerhub.Review
Of course this is being appealed. The Contempt matter was adjourned and given the following file number: OCL061-22.
Under the jurisdiction of Queensland’s Uniform Civil Procedure Rules (UCPR), there is a simple resolution for using a wrong application form. That simple resolution can be found in rule 13 and/or rule 14 of the UCPR, and is not dealt with by way of an idiotic & irresponsible summary dismissal.
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