QCAT Claim Process Step by Step — From Demand Letter to Decision

The Nine Steps of a QCAT Minor Civil Dispute

Filing a QCAT claim isn't complicated, but the steps need to happen in a specific order. Miss one — or do them out of sequence — and you'll either lose time, waste your filing fee, or hand the respondent a procedural defence they shouldn't have.

Here's the entire process, start to finish.

Step 1: Check Whether QCAT Is the Right Forum

QCAT's minor civil dispute jurisdiction is generally capped at $25,000 (excluding interest). It covers minor debts, consumer and trader disputes, dividing fence disputes, and qualifying property damage claims caused by a motor vehicle. Residential tenancy disputes have separate statutory thresholds. Specialist motor vehicle disputes with a motor dealer or vehicle supplier under motor vehicle legislation use a separate Form 59 pathway, with a $100,000 limit. If your minor civil dispute claim exceeds $25,000, you can either abandon the excess to stay within QCAT's limit or file in the Magistrates Court.

Some dispute types have mandatory pre-filing steps before QCAT will accept your application — building disputes need a QBCC outcome letter, tenancy bond disputes need an RTA Notice of Unresolved Dispute, and fence disputes need a Notice to Contribute served on your neighbour.

Step 2: Identify the Correct Respondent

Search the ASIC register to confirm the respondent's full legal name. Sole traders get named personally ("Jane Doe trading as Doe Designs"), companies get their corporate title and ACN ("Doe Enterprises Pty Ltd ACN 123 456 789"). Naming the wrong entity can make your order unenforceable.

Step 3: Send a Letter of Demand

A formal written demand isn't strictly mandatory for all claim types, but it establishes that the debt is due and strengthens your position on interest and cost recovery. Include the amount owed, an itemised breakdown, a payment deadline (7–14 days is standard), and copies of supporting invoices or contracts. Send it by registered post so you can prove delivery.

Step 4: Choose the Right Form

This is where many applicants trip up. The two main forms:

• Form 3 — Minor debt. For liquidated (fixed, agreed) amounts: unpaid invoices, loans, IOUs, dishonoured cheques.
• Form 1 — Consumer and trader dispute. For unliquidated claims: defective goods, poor workmanship, refund demands, breach of Australian Consumer Law guarantees, and qualifying property damage disputes.

Domestic building disputes use Form 26, and specialist motor vehicle disputes use Form 59.

Filing the wrong form can lead to your application being struck out. If you're owed a specific dollar amount under an agreement, it's usually Form 3. If you're claiming compensation for defective goods or services, it's usually Form 1 unless a specialist QCAT pathway applies.

Step 5: Lodge the Application

Two options: the QCase online portal (requires Digital ID verification) or paper lodgement at the QCAT Brisbane registry or any local Magistrates Court registry outside Brisbane. 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; and building dispute fees are $0 to $405.60. Check QCAT's fee schedule for the fee for your matter type and claim amount. If you're experiencing financial hardship, lodge Form 49 alongside your application to request a fee waiver.

Step 6: Serve the Respondent

QCAT doesn't serve documents for you — that's your responsibility. The deadline depends on the application: a Form 3 minor debt application must be served within 90 days; a Form 1 property damage application must be given to the other parties within seven days of receiving the sealed copy; a Form 26 domestic building application must be given to the respondent within seven days of receiving the sealed copy; and a Form 59 motor vehicle application must be given to the respondent within 28 days after filing. For minor debt claims, Rule 39 allows specified service methods, including personal delivery, post in some circumstances, email or fax when provided as an address for service, or leaving it with an adult at the relevant address. Follow the instructions for other claim types.

After service, complete Form 9 (Affidavit of Service) with the date, time, location, and method of service, have it witnessed by a Justice of the Peace, and lodge it with QCAT as required for your claim type.

Step 7: Wait for the Response

In minor debt claims (Form 3), the respondent has 28 calendar days from service to lodge Form 7. If they don't respond, you can apply for a default decision using Form 6 — no hearing needed.

If they do respond, the matter typically moves to mediation or a directions hearing.

Step 8: Prepare for the Hearing

Organise a paginated evidence bundle — contracts, invoices, bank statements, photos, text messages, emails — in chronological order with an index. File your bundle with QCAT and serve a copy on the respondent by the deadline set in the tribunal's directions.

Evidence must be in printed hard copy. Presenting documents on a phone or tablet at the hearing isn't permitted.

Step 9: Attend the Hearing and Enforce the Decision

Present your case to the adjudicator. If you win, the decision is an enforceable order — but winning doesn't mean the respondent pays automatically. If they don't comply, you register the QCAT order in the Magistrates Court to access enforcement mechanisms like garnishee orders or property seizure warrants.

The QCAT minor civil dispute guide maps each of these nine steps with fillable checklists, the correct forms for every stage, a deadline calendar, and an evidence bundle index template — everything you need to run the process without a lawyer.

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