How to Set Aside a QCAT Default Decision (Form 55)

A Default Decision Can Be Overturned — But You Have to Apply

If a QCAT default decision has been entered against you in a minor civil dispute, you are not permanently out of options. The QCAT Act allows you to apply to have the order set aside using Form 55 — Application to set aside or amend a default decision.

People sometimes search for "Form 43" in this context. Form 43 is actually the application for reopening proceedings — a related but different remedy. Form 55 is the correct form specifically for setting aside defaults.

What You Need to Prove

QCAT considers two things when deciding whether to set aside a default decision:

1. A reasonable excuse for the delay. You need to explain, with supporting evidence, why your Form 7 response was not filed within the 28-day statutory period. Examples the tribunal may accept include:

• Genuine failure of service (you never actually received the papers)
• A medical emergency or hospitalisation during the response period
• A severe disruption that prevented you from responding within the time limit

A vague "I was busy" or "I forgot" is unlikely to succeed. The more specific and documented your explanation, the better.

2. A defence on the merits. You must show that you have a real, arguable case against the applicant's claim — not that you will definitely win, but that there is something genuinely worth hearing. Attach any evidence that supports your position: contracts, bank statements, text messages, invoices, or photographs.

Filing Form 55 Does Not Stop Enforcement

This is the detail that catches most respondents. Lodging a Form 55 application does not automatically pause or stay the default decision. If the applicant has already registered the order in the Magistrates Court and begun enforcement, that enforcement continues while your set-aside application is pending.

To suspend enforcement, you must file Form 44 — Application to stay a decision at the same time as your Form 55. Form 44 asks the tribunal for an interim order halting enforcement until the set-aside hearing is decided.

File both forms together. If you file Form 55 alone and enforcement proceeds, you may face wage garnishment or property seizure before the tribunal even hears your application.

Where to File

File Form 55 (and Form 44 if needed) at the same registry where the original claim was lodged. You can file online through the QCase portal or in person at the Brisbane Registry or your regional Magistrates Court.

Get Free Legal Help

Setting aside a default decision is a more complex process than filing a standard response. If you are in this position, contact:

• LawRight Court and Tribunal Services — free legal advice for QCAT litigants (07 3564 7561)
• Legal Aid Queensland — telephone legal information (1300 65 11 88)

For the complete response process — including how to avoid a default decision in the first place — the Responding to a QCAT Minor Civil Dispute guide covers every step from reading your papers through to the hearing and post-decision options.

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