If a matter is urgent (defined by the Act) it can go straight to QCAT. All other matters are non-urgent and must go through dispute resolution first.
The term 'urgent' does not mean the application will be fast-tracked, just that it does not have to go through the RTA’s dispute resolution service.
Urgent applications can be made for:
- termination of tenancy orders
- not leaving when a Notice to leave (Form 12) or Notice of intention to leave (Form 13) has expired
- an order to restrain a person from causing damage or injury
- excessive hardship
- repeated breaches
- emergency repairs
- proposed or existing tenancy database listings which don't comply with the listing criteria or are inaccurate, incomplete, ambiguous or out of date. QCAT can also make an order that victims of domestic and family violence not be listed on a database if the breach has occurred due to the actions of the perpetrator.
Urgent applications are made to QCAT using the QCAT Application for minor civil dispute (QCAT form 2), selecting the urgent application option, and explaining why it is urgent.
Parties are encouraged to view QCAT’s Practice Direction No.4 of 2023, Applications for Residential Tenancy Disputes which outlines what each party must do prior to and at a residential tenancy dispute hearing in order for QCAT to deal with the matter in a way that is informed, fair and efficient.
If you are unsure if your matter is urgent, contact us or QCAT for more information.