Last updated 24 June 2016
A party who believes the Queensland Civil and Administrative Tribunal (QCAT) member’s decision was incorrect may apply for leave to appeal the decision (using the appropriate form).
The application must be made within 28 days of receiving the tribunal member’s written reasons for the decision. Usually, to receive leave to appeal, there must be a demonstrable error in law or fact in the original decision. If leave to appeal is granted, the appeal will be heard by the tribunal in its appeal capacity. If leave to appeal is refused, a person has 28 days in which to appeal that decision to the Court of Appeal.
An application by a debtor to appeal or set aside a judgment does not prevent the creditor enforcing the judgment in the meantime. The debtor may make an application to stay (postpone) the enforcement of the judgment until the application to set it aside is heard (s 152 Queensland Civil and Administrative Tribunal Act 2009 (Qld)).