The Queensland Civil and Administrative Tribunal (QCAT) is statutory organisation responsible for reviewing administrative law decisions of some Queensland Government departments and agencies, and also adjudicating some civil law disputes. [1] The tribunal was established under the Queensland Civil and Administrative Tribunal Act (2009). [2]
Civil disputes in which the amount in dispute is more than $750,000 are heard by the Supreme Court of Queensland, while those in which the amount is $150,000 or less are heard by either the Magistrates Court or the QCAT. [3]
QCAT has a wide-ranging jurisdiction, including: [4]
All QCAT decisions are listed on the website of the Supreme Court Library Queensland. [5]
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.
One of the six founding states of Australia, Queensland has been a federated state subject to the Australian Constitution since 1 January 1901. It is a parliamentary constitutional monarchy. The constitution of Queensland sets out the operation of the state's government. The state's constitution contains several entrenched provisions which cannot be changed in the absence of a referendum. There is also a statutory bill of rights, the Queensland Human Rights Act 2019. Queensland's system of government is influenced by the Westminster system and Australia's federal system of government.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters.
The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters.
Employment tribunals are tribunal public bodies in both England and Wales and Scotland that have statutory jurisdiction to hear disputes between employers and employees.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.
The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia. All criminal proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence. Most criminal cases are first heard in the Magistrates Court, as are most civil cases. The Magistrates Court hears approximately 95% of all court cases in Queensland.
The Victorian Civil and Administrative Tribunal (VCAT) was formed by the Victorian Civil and Administrative Tribunal Act 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the tribunal sits 'below' the Magistrates Court in the court hierarchy. However the tribunal itself is not a court, not possessing any jurisdiction or powers beyond those conferred by statute. VCAT is less formal than a court and helps resolve disputes through mediations, compulsory conferences and formal hearings. The participation of lawyers or other legal representatives is not encouraged in some list areas, substantially reducing the cost of litigation. However some of the list areas will by necessity require parties to have some form of representation.
The District Court of Queensland(QDC) is the second tier in the court hierarchy of Queensland, Australia. The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.
The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.
The Queensland Court of Disputed Returns is a court that adjudicates disputes concerning Queensland Government and local government elections and state referendums in Queensland, Australia. The Court is a division of the Supreme Court of Queensland.
Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.
Green v Hatchy Investments pty Ltd was an important appeals case in Brisbane, Queensland, Australia, which set a precedent for Queensland landlord-tenant law, and clarified the rule around the requirement of conciliation before a plaintiff could begin legal proceedings in court.
The King's Bench Division of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.
