February 10, 2025
The Queensland Civil and Administrative Tribunal (‘QCAT’) is one of the many options available to resolve a construction dispute. This article will outline QCAT’s jurisdiction, what proceedings look like, how to apply to QCAT and will give a brief QCAT case summary to convey the effectiveness of the tribunal.
Disputes QCAT Can Decide
QCAT has a wide-ranging jurisdiction. QCAT can make decisions on the following matter types:
- Building and construction;
- Children and young people;
- Clinical research;
- Consumers, traders and businesses;
- Community living and body corporate disputes;
- Decision-making for adults with impaired capacity;
- Minor debt disputes;
- Discipline and regulation of professionals;
- Discrimination complaints;
- Racing appeals;
- Residential tenancy disputes;
- Review of government agency decisions;
- Review of a voluntary assisted dying decision;
- Right to information and privacy complaints; and
- Tree and fence disputes.
These are just the main case types that QCAT considers—the tribunal can review other case types too.
Building and Construction
QCAT hears disputes related to domestic and commercial building work activities. QCAT also considers a range of Queensland Building and Construction Commission (‘QBCC’) decisions, related to directions about building work, the statutory insurance scheme, licencing, debt recovery and other matters.
QCAT Proceedings
If a person attends QCAT about a dispute, they are expected to represent themselves. This is central to QCAT’s ability to deliver efficient and cost-effective services. If a person wants a lawyer or another individual to represent them, they will need to apply for permission from the tribunal.
QCAT disputes can be resolved through a hearing, mediation or compulsory conference.
- Hearing – QCAT members and adjudicators hear matters and make decisions about them. Many QCAT members are part of the legal profession. Adjudicators are solicitors. Additionally, Justices of the Peace here non-urgent minor civil disputes under $5,000.
- Mediation – Mediation helps parties reach an agreement through an independent mediator’s guidance. Mediators are QCAT and Department of Justice staff who are accredited under the National Mediator Accreditation System.
- Compulsory conference – Compulsory conferences help parties reach an agreement or clarify matters pre-hearing with the support of a QCAT member or adjudicator. The outcome is a written agreement or enforceable order.
How to Apply to QCAT
To apply to QCAT, a person will need to download and complete the required forms and attach any necessary documentation. Subsequently, they will need to lodge the form with QCAT and pay the appropriate fee. If required, the applicant can apply to waive or reduce the fee by way of financial hardship.
The applicant may need to provide copies of the documentation to all parties involved in the dispute.
Logan Cold Storage Pty Ltd v GD Building Solutions Pty Ltd
Logan Cold Storage Pty Ltd v GD Building Solutions Pty Ltd [2024] QCAT 503 is an example of a QCAT commercial building dispute case. The case illustrates the effectiveness of QCAT proceedings.
Background
The applicant Logan Cold Storage Pty Ltd (‘Logan’) sought a $20,256.40 credit arising from the size reduction in the floor area of the mezzanine floor forming part of the cold storage facility.
Logan had entered a construction contract with the respondent GD Building Solutions Pty Ltd (‘GD’) on 18 March 2015. Logan filed their claim for the credit on 3 June 2019.
On 17 July 2019 GD filed a response and counterapplication for $3,484.74 for money owed under the contract.
Logan later filed an amended claim, seeking an extra $14,897.54 as a refund for an assertedly incorrectly categorised and charged variation at the time of construction. The variation was for a second staircase to be constructed to the mezzanine floor.
Decision
The tribunal found that there are no adjustments to be made against GD on account of the reduced mezzanine floor or the second set of stairs. Member Bertelsen accepted that the mezzanine was reduced to one third of its original area because that is all that could be approved as part of the final building approval to incorporate a second set of stairs—GD had sufficient evidence to show this. It was also held that the variation for the second set of stairs was valid.
On the other hand, the tribunal found the counterapplication is allowed $2,785.79. Logan is to pay GD the sum of $2,785.79. This was held because a progress claim had been paid short to GD. However, GD was not awarded the full amount that they claimed given the effluxion of time since the event, so it cannot make any orders in respect of interest.
The third instalment of this article series will look at the Supreme Court and how construction disputes can be resolved there.
Lamont Project & Construction Lawyers
The Lamont Project & Construction Lawyers team has extensive knowledge and experience assisting with resolving construction disputes, whether that be by making a claim to a court or tribunal or an alternative dispute resolution. With this knowledge and expertise, Lamont Project & Construction Lawyers can provide the required support and advice to assist at any stage in the construction dispute resolution process.
If you would like to discuss any matters raised in this article as it relates to your specific circumstances, please contact Lamont Project & Construction Lawyers.
The content of this article is for information purposes only and does not discuss every important topic or matter of law, and it is not to be relied upon as legal advice. Specialist advice should be sought regarding your specific circumstances.
Contact: Peter Lamont or Ashleigh van Meurs
Email: [email protected] or [email protected]
Phone: (07) 3248 8500
Address: Level 2, 349 Coronation Drive, Milton Qld 4064
Postal Address: PO Box 1133, Milton Qld 4064