QCAT 28-Day Response Deadline — How to Calculate It and What Happens If You Miss It
The Clock Starts the Day After Service
When you receive a Form 3 minor debt application in QCAT, Rule 70 of the QCAT Rules gives you 28 calendar days to file and serve your Form 7 response. Not business days — calendar days.
Under section 38 of the Acts Interpretation Act 1954 (Qld), the day you were served is excluded from the count. Day 1 is the day after service. The 28th day is your final filing day.
If that final day falls on a Saturday, Sunday, public holiday, or any day the registry is closed, the deadline rolls forward to the next business day. This "excluded day" rule is the only automatic extension you get.
How to Count It — A Worked Example
Say you were personally handed the papers on a Monday, 5 October 2026:
- Day 0 (excluded): Monday, 5 October 2026
- Day 1: Tuesday, 6 October 2026
- Day 28 (filing deadline): Monday, 2 November 2026
If you were served on Friday, 30 October 2026:
- Day 28 lands on Friday, 27 November 2026 — a standard business day, so that is your deadline
If day 28 falls during QCAT's Christmas registry closure period, the deadline shifts to the next business day the registry reopens.
Postal Service Adds Uncertainty
If the papers arrived by prepaid post rather than personal delivery, the date you actually received them is what matters — not the postmark date. Keep the envelope. Write the receipt date on it immediately. If there is ever a dispute about whether service was valid, your envelope is evidence.
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What "File and Serve" Means
The 28-day rule requires two things:
- File your Form 7 with the QCAT registry (online via QCase or in person at the relevant registry)
- Serve a sealed copy on every named applicant
Filing through QCase does not automatically serve the other party. You must separately deliver a sealed copy to them within the same 28-day window. This catches many respondents off guard — filing on day 27 and then serving on day 30 means you missed the deadline for service.
What Happens If You Miss the Deadline
The applicant can lodge a Form 6 — Request for decision by default with QCAT. If granted, the tribunal enters a binding monetary order against you without a hearing. You do not get a chance to present your side.
A default decision is not automatic — the applicant has to apply for it. But you cannot rely on them not applying. Once your 28 days expire, the risk is entirely on you.
Can You Get an Extension?
Yes, but you have to apply for one formally using Form 42 — Application to extend or shorten a time limit. The application must explain why you need more time and include supporting evidence.
Filing a Form 42 does not pause the original 28-day deadline. The clock keeps running until QCAT issues a formal order granting the extension. Do not assume your extension will be approved and file late on that assumption.
Non-Debt Claims Have Different Rules
The 28-day mandatory response deadline applies only to minor debt disputes (Form 3 applications). If you were served with a Form 1 (consumer/trader dispute) or Form 2 (tenancy dispute), there is no mandatory response form to file. Instead, you submit your evidence at least 7 days before the scheduled hearing date.
This distinction confuses many respondents. Check which form you received before counting deadlines.
The Responding to a QCAT Minor Civil Dispute guide includes a deadline calculator worksheet and a service log so you can track every date in one place — from the day you were served through to evidence exchange and the hearing itself.
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