QCAT Extension of Time to Respond (Form 42)

The 28-Day Deadline Can Be Extended — But Only by Formal Application

When you receive a Form 3 minor debt application in QCAT, you have 28 calendar days to file and serve your Form 7 response. If you genuinely cannot meet that deadline — because of illness, travel, or circumstances beyond your control — you can apply for an extension of time using Form 42 — Application to extend or shorten a time limit or for waiver of compliance with procedural requirement.

This is not a casual request. It is a formal tribunal application with specific requirements.

What Form 42 Requires

Your Form 42 application must include:

• The reason for the delay — a clear, factual explanation of why you cannot file within 28 days, supported by evidence. QCAT decides whether to grant an extension.
• Supporting evidence — medical certificates, travel records, or other documents that corroborate your explanation
• The prescribed fee — include the fee required for the application
• Proof of service — you must serve a copy of the Form 42 application on all other parties

File Form 42 at the same registry where the original claim was lodged, either through QCase or at the counter.

The Original Deadline Keeps Running

This is the critical point that many respondents misunderstand. Filing a Form 42 application does not automatically pause or stay the 28-day response deadline. The original clock continues to run until QCAT formally grants your extension by issuing a written order.

If you file Form 42 on day 20 and QCAT has not ruled on it by day 28, you are technically past the deadline. The applicant could apply for a default decision while your extension request is pending. In practice, tribunals are aware of pending extension applications, but you should not rely on informal goodwill — file your Form 42 as early as possible.

What Does Not Count as Extending Time

None of the following actions extend or pause your 28-day deadline:

• Calling the QCAT registry to say you need more time
• Emailing the applicant to negotiate a settlement
• Booking a legal advice appointment for next week
• Telling the applicant you plan to respond

Only a formal tribunal order granting an extension changes your deadline. Everything else is a conversation, not a procedural step.

If the Deadline Has Already Passed

If a default decision has already been entered, you can apply to set it aside using Form 55 — Application to set aside or amend a default decision.

Contact LawRight Court and Tribunal Services (07 3564 7561) or Legal Aid Queensland (1300 65 11 88) for free advice on which application is appropriate for your situation.

For the complete response timeline — including how to calculate your deadline and what happens at each stage — the Responding to a QCAT Minor Civil Dispute guide covers everything from service to the hearing.

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