QCAT Appeal (Form 39) and Reopening a Decision (Form 43)

Two Paths When a QCAT Decision Goes Against You

Lost your QCAT minor civil dispute hearing, or missed it entirely? There are two separate mechanisms, and they solve different problems.

Form 39 (Appeal) is for asking QCAT's Appeal Tribunal to review a decision where you say it involved an error of law or caused substantial injustice. You were at the hearing and disagree with the outcome.

Form 43 (Reopening) is for special circumstances: you did not appear at the final hearing and had a reasonable excuse, or significant new evidence that was not previously available means you would suffer substantial injustice if the matter were not reopened.

Appealing a QCAT Decision (Form 39)

An appeal from a minor civil dispute decision goes to QCAT's Appeal Tribunal (not back to the same adjudicator). You'll need to lodge Form 39 — Application for Leave to Appeal — because appeals from minor civil disputes require the tribunal's permission before they proceed.

Deadline: Apply within 28 days from when you are given written reasons. If written reasons are not required or you did not request them within 14 days after the decision takes effect, apply within 28 days from when you receive notice of the decision. If you applied for renewal, reopening, or correction, the 28 days runs from when QCAT finally deals with that application.

Fees (effective 1 July 2026):

• If the original claim was $10,000 or less: $405.60
• If the original claim was over $10,000: $811.30
• If you have an approved financial hardship application (Form 49): reduced to $113.30

Grounds for leave to appeal: The Appeal Tribunal may grant leave for an error of law or substantial injustice. Disagreeing with the adjudicator's assessment of your credibility, or wishing you'd presented your evidence differently, typically isn't enough.

An appeal is not a fresh trial. The Appeal Tribunal considers the original information and evidence and the parties' appeal submissions, and may list a final appeal hearing. It may allow new evidence only in exceptional circumstances.

Reopening a QCAT Decision (Form 43)

Reopening is a different mechanism entirely. It asks the tribunal to reopen the proceeding rather than review whether the decision was correct.

Deadline: Apply within 28 days from the date you were given notice of the decision.

When to use Form 43:

• You did not appear at the final hearing and had a reasonable excuse for not attending
• Significant new evidence has emerged that was not previously available, and you would suffer substantial injustice if the matter were not reopened

Fee: The reopening fee matches the original application fee. For 2026–27, standard minor civil dispute fees are $96.30 to $405.60 when an amount is claimed ($119 if no amount is claimed); Form 59 motor vehicle dispute fees are $31.60 to $405.60.

What you need to show: QCAT considers reopening only in special circumstances. Explain your reasonable excuse for not attending, or identify the significant new evidence and explain why it was not previously available and how refusing to reopen would cause substantial injustice. QCAT will also consider whether the matter can be effectively or conveniently heard as a reopening rather than through an appeal.

Which One Should You Use?

If you were at the hearing, presented your case, and lost — Form 39 (appeal).

If you missed the final hearing, Form 43 may be available if you had a reasonable excuse for not attending.

If a default decision (Form 6) was made against you because you didn't respond in time, you'd typically use Form 55 (Application to Set Aside Default Decision) rather than Form 43 — that's the specific mechanism for challenging defaults.

Don't Confuse Any of These with the Magistrates Court

QCAT appeals stay within QCAT's own appeal system for minor civil disputes. The Magistrates Court only enters the picture at the enforcement stage — when you're trying to execute a QCAT order against someone who won't pay.

The QCAT filing guide covers all of these post-decision pathways, including the forms, fees, and deadlines for appeals, reopenings, and enforcement registration.

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