Topic 9: Delay Flashcards
Topic 9: Delay & Minor Debt Claims
Where no step has been taken to progress the case or moving the action forward, that is a delay.
A step is something that is done to move things forward.
Continuation of proceeding after delay
Where there has been no step taken for 1 year from the last step, any party wanting to proceed must give a months notice.
Where no step has been taken for 2 years, they must make an application to the court. In this case, the dft can make application to strike out the claim as it has been a long time.
Minor Debt Claims: QCAT
The point of QCAT is to create an environment with less formality to make it quicker, cheaper and easier for people, rathering than having to engage with solicitors.
Broad jurisdiction. Join a number of tribunals to form QCAT and minor debt claims is one of them.
There is no QCAT registry in Townsville, so the Mags court undertakes that function as the registry for QCAT.
Week on week off. Any filing once administered is to be sent to registry in Brisbane.
Minor debt claim is referred to as an application not a claim in QCAT.
Can claim interest in QCAT.
Minor Debt Claims: QCAT s3 Objects
The objects of QCAT is to deal with matters in a way that is accessible, fair, just and economical, informal and quick.
Aimed at having self-represented parties.
Minor Debt Claims: QCAT s28 Conducting Proceedings Generally
In conducting a proceeding, a tribunal:
- Must observe the rules of natural justice; and
- is not bound by rules of evidence
- may inform itself in a way it considers appropriate
- must act with as little formality and technicality with as much speed
- must ensure all relevant material is disclosed
Minor Debt claims: Lawyer
You can have a lawyer/representation with leave of the court.
They will consider
- if one party already has one, the other party is likely to for balance.
Minor Debt claims: Petition by default
Form 6
Still an affidavit to prove personal service.
Minor Debt claims: Debt and liquidated demand of costs
- Amount claimed
- Interest
- Costs
In terms of cost, it will often be the amount you paid for application. If you have a lawyer, you can claim costs there too.
A lawyer can help with the applications and explaining it, but cant make their case for them. Involved but not physically there. Can only claim the costs with leave of the court.
Minor Debt claims: set judgement aside
set judgement aside
Minor Debt Claims: Transfer
You might have a matter heard in QCAT but they feel its best to go to the mags court because it’s got more significant areas of law. and vice versa.
Minor Debt Claims: Compulsory conferences
QCAT has compulsory conferences earlier on than a normal matter. Its to settle the matter.
Purpose is to clarify the issues. If it’s not going to resolve it will go to a hearing.
The person who hears the conference, will not hear the ultimate hearing.
