F26_ap_dom_b
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Instructions for completing
Application for domestic building disputes – Queensland Building Services Authority Act 1991 General instructions Copies of the application and providing copies to other parties The application form and all attachments must be accompanied by three copies. Where there is more than one respondent, an extra copy of the application form and attachments is required for each additional respondent. Generally, you must give a copy of the application to all parties to the proceeding as soon as practicable, and no later than seven days after the application is filed. Applications may be lodged In person: Queensland Civil and Administrative Tribunal, Level 9, Bank of Queensland Building, 259 Queen Street, Brisbane QLD 4000, or at any Magistrates Court outside of the Brisbane CBD. By mail: QCAT, GPO Box 1639, Brisbane 4001 Some applications may be lodged by fax or email. For more information call 1300 753 228 or visit www.qcat.qld.gov.au Applications must be accompanied by the prescribed application fee For more information on QCAT fees, please refer to the QCAT factsheet or go to www.qcat.qld.gov.au Payment can be made by cash, cheque (payable to Department of Justice and Attorney-General), money order or credit card payment authorisation (see credit card payment authorisation form – mastercard and visa accepted). PART A •
APPLICANT’S AND RESPONDENT’S DETAILS
More than one applicant or respondent can be named in an application. For instance, applicants may be joint owners or in partnership. An application may be brought by a consumer (owner) against a builder, a subcontractor, supplier or manufacturer. A contractor may bring an action against one or more subcontractors.
• If the applicant or respondent is not an individual then the correct name must be used, for example: • a company name • a business name regardless of whether it is registered under the Business Names Act 1962 • a State agency name, for example a Queensland Government department. • Your address will be the address at which documents are given or sent to you, unless you indicate your representative’s address as your address for notices. • Any change in your address for notices must be filed in the tribunal and served on all other parties.
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2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
Instructions for completing (continued) PART A
APPLICANT’S AND RESPONDENT’S DETAILS (continued)
Representative’s details If you want your representative’s address as the address for notices, please complete your representative’s details and tick the box. If you want your representative to represent you in any proceedings before the tribunal you must complete the form Application for leave to be represented. Generally the tribunal expects people to represent themselves. It may not grant you request. You are not required to seek leave if: • you are a child or a person with impaired capacity • your case is a disciplinary case • an Act or the Rules state that you may be legally represented. Site address: this is the address of the property to which the dispute relates. PART B GENERAL DISPUTE DETAILS Please tick the relevant boxes and provide details. PART C
DETAILS OF WHAT YOU SEEK FROM THE TRIBUNAL
State what orders you are seeking from the tribunal and why you consider the orders sought should be made. Include a clear outline of the history and nature of the dispute.
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2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
Form Number 26 (version 1) Queensland Civil and Administrative Tribunal Act 2009 (section 33)
Application for domestic building disputes – Queensland Building Services Authority Act 1991 Refer to attached instructions at the front of this application prior to filling out this form.
For office use only Case number: Date: Registry: Sent to: Fee paid: Rec no:
PART A
APPLICANT’S DETAILS
Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
Home
Fax
(
(
)
Business
Mobile
)
Email
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 1 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART A
APPLICANT (continued)
Representative’s details (if applicable) Tick if you want this to be your address for notices Tick if you want your representative to represent you in proceedings before the tribunal (see Part A of the instructions – you may be required to seek the tribunal’s leave for this to happen by making an application under the form Application for leave to be represented. The tribunal may not give you leave to be represented).
Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
(
Home
(
Fax
)
Business
Mobile
)
Email Applicant is (please tick)
licensed
not licensed
owner
other (please specify)
QBSA license No.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 2 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART A
RESPONDENT’S DETAILS
Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
(
Home
(
Fax
)
Business
Mobile
)
Email Representative’s details (if applicable) Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
(
Home
(
Fax
)
Business
Mobile
)
Respondent is (please tick)
licensed
not licensed
owner
other (please specify)
QBSA license No.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 3 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
SITE ADDRESS
Postcode
Warning to respondent/s You must respond to this application within FOURTEEN (14) days after you are given a copy of the application. Otherwise, if the application is to recover a debt or liquidated demand of money, the applicant may apply to the tribunal for a decision by default against you.
PART B 1.
GENERAL DISPUTE DETAILS
What are you seeking? (tick applicable and insert amount) payment of an amount owing
$
relief from payment of amount claimed
$
an award for damages and interest on the damages
$
restitution*
$
declaration about the effect of term of contract*
$
rectification of completion of:
$
defective work*
$
incomplete work*
$
costs
$
avoid an insurance policy*
$
*If ticked please include details in PART D DETAILS OF WHAT YOU SEEK FROM THE TRIBUNAL Note: if you are seeking the rectification of defective work or the completion of incomplete work, please complete Form X – Alleged defective work/incomplete work schedule and attach to this application.
2.
Is your application making a claim for an amount of less than $10,000? Yes
No
If yes and the counter-application is also less than $10,000, this application may be considered for an expedited hearing.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 4 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART B
GENERAL DISPUTE DETAILS (continued)
3.
Date contract was signed by owner and building contractor (if applicable):
/
/
4.
The work was commenced on
/
/
and completed on
/
/
5.
The contract amount (if applicable) was
$
6.
The payments made total
$
7.
The amount owing (if any) is
$
8.
The work the subject of this dispute was: performed under contract with a building contractor performed by me/us/the company under contract with an owner purchased by me/us as a new building purchased by me/us as a previously occupied building other (please specify)
9.
Is this dispute at present the subject of any proceedings before the Supreme, District or Magistrates Court? Yes
No
If yes, please specify: • which court • file number • town or city • commencement date
/
/
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 5 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART B
GENERAL DISPUTE DETAILS (continued)
10. Have you made a complaint to the Queensland Building Services Authority (QBSA)? Yes
No
If yes, please specify: • date of complaint
/
/
• QBSA file number
11. Has the Queensland Building Services Authority: (a) notified you that a complaint has been made against you?
Yes
No
(b) given you a direction to rectify?
Yes
No
12. Do you plan to be absent for any length of time after filing your application?
If so, please specify:
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 6 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART C DETAILS OF WHAT YOU SEEK FROM THE TRIBUNAL
If there is insufficient space here, please attach additional pages. 1. I want the tribunal to make the following order/s: Insert orders sought in numbered paragraphs.
2.
The reasons I consider the order/s sought should be made are: Set out reasons in numbered paragraphs.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 7 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART D
CHECKLIST AND SIGNATURE
I have completed all questions on the application form according to the instructions.
If I am seeking the rectification of defective work or the completion of incomplete work, I have completed and attached the form Alleged defective work/incomplete work schedule.
I have provided the correct number of copies of the application form and attachments (for the number of copies required – see the instructions)
I have paid the prescribed fee.
I am ready to proceed with this application.
Interpreter Is an interpreter required?
Yes
No
If YES, please specify language
Warning Section 216 of the Queensland Civil and Administrative Tribunal Act 2009 makes it an offence for a person to knowingly give the registry documents containing false or misleading information. Maximum penalty for such an offence – $10,000.
SIGN AND DATE HERE The information in this application is true to the best of my knowledge.
Applicant/s sign here
Date
If more than one applicant is named all must sign the application.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 8 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
Instructions for completing
Application for domestic building disputes – Queensland Building Services Authority Act 1991 General instructions Copies of the application and providing copies to other parties The application form and all attachments must be accompanied by three copies. Where there is more than one respondent, an extra copy of the application form and attachments is required for each additional respondent. Generally, you must give a copy of the application to all parties to the proceeding as soon as practicable, and no later than seven days after the application is filed. Applications may be lodged In person: Queensland Civil and Administrative Tribunal, Level 9, Bank of Queensland Building, 259 Queen Street, Brisbane QLD 4000, or at any Magistrates Court outside of the Brisbane CBD. By mail: QCAT, GPO Box 1639, Brisbane 4001 Some applications may be lodged by fax or email. For more information call 1300 753 228 or visit www.qcat.qld.gov.au Applications must be accompanied by the prescribed application fee For more information on QCAT fees, please refer to the QCAT factsheet or go to www.qcat.qld.gov.au Payment can be made by cash, cheque (payable to Department of Justice and Attorney-General), money order or credit card payment authorisation (see credit card payment authorisation form – mastercard and visa accepted). PART A •
APPLICANT’S AND RESPONDENT’S DETAILS
More than one applicant or respondent can be named in an application. For instance, applicants may be joint owners or in partnership. An application may be brought by a consumer (owner) against a builder, a subcontractor, supplier or manufacturer. A contractor may bring an action against one or more subcontractors.
• If the applicant or respondent is not an individual then the correct name must be used, for example: • a company name • a business name regardless of whether it is registered under the Business Names Act 1962 • a State agency name, for example a Queensland Government department. • Your address will be the address at which documents are given or sent to you, unless you indicate your representative’s address as your address for notices. • Any change in your address for notices must be filed in the tribunal and served on all other parties.
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
Instructions for completing (continued) PART A
APPLICANT’S AND RESPONDENT’S DETAILS (continued)
Representative’s details If you want your representative’s address as the address for notices, please complete your representative’s details and tick the box. If you want your representative to represent you in any proceedings before the tribunal you must complete the form Application for leave to be represented. Generally the tribunal expects people to represent themselves. It may not grant you request. You are not required to seek leave if: • you are a child or a person with impaired capacity • your case is a disciplinary case • an Act or the Rules state that you may be legally represented. Site address: this is the address of the property to which the dispute relates. PART B GENERAL DISPUTE DETAILS Please tick the relevant boxes and provide details. PART C
DETAILS OF WHAT YOU SEEK FROM THE TRIBUNAL
State what orders you are seeking from the tribunal and why you consider the orders sought should be made. Include a clear outline of the history and nature of the dispute.
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
Form Number 26 (version 1) Queensland Civil and Administrative Tribunal Act 2009 (section 33)
Application for domestic building disputes – Queensland Building Services Authority Act 1991 Refer to attached instructions at the front of this application prior to filling out this form.
For office use only Case number: Date: Registry: Sent to: Fee paid: Rec no:
PART A
APPLICANT’S DETAILS
Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
Home
Fax
(
(
)
Business
Mobile
)
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 1 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART A
APPLICANT (continued)
Representative’s details (if applicable) Tick if you want this to be your address for notices Tick if you want your representative to represent you in proceedings before the tribunal (see Part A of the instructions – you may be required to seek the tribunal’s leave for this to happen by making an application under the form Application for leave to be represented. The tribunal may not give you leave to be represented).
Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
(
Home
(
Fax
)
Business
Mobile
)
Email Applicant is (please tick)
licensed
not licensed
owner
other (please specify)
QBSA license No.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 2 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART A
RESPONDENT’S DETAILS
Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
(
Home
(
Fax
)
Business
Mobile
)
Email Representative’s details (if applicable) Name Dr. Title
Given name/s
Surname/Family name
Company
ABN
Address Postcode Telephone
(
)
(
Home
(
Fax
)
Business
Mobile
)
Respondent is (please tick)
licensed
not licensed
owner
other (please specify)
QBSA license No.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 3 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
SITE ADDRESS
Postcode
Warning to respondent/s You must respond to this application within FOURTEEN (14) days after you are given a copy of the application. Otherwise, if the application is to recover a debt or liquidated demand of money, the applicant may apply to the tribunal for a decision by default against you.
PART B 1.
GENERAL DISPUTE DETAILS
What are you seeking? (tick applicable and insert amount) payment of an amount owing
$
relief from payment of amount claimed
$
an award for damages and interest on the damages
$
restitution*
$
declaration about the effect of term of contract*
$
rectification of completion of:
$
defective work*
$
incomplete work*
$
costs
$
avoid an insurance policy*
$
*If ticked please include details in PART D DETAILS OF WHAT YOU SEEK FROM THE TRIBUNAL Note: if you are seeking the rectification of defective work or the completion of incomplete work, please complete Form X – Alleged defective work/incomplete work schedule and attach to this application.
2.
Is your application making a claim for an amount of less than $10,000? Yes
No
If yes and the counter-application is also less than $10,000, this application may be considered for an expedited hearing.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 4 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART B
GENERAL DISPUTE DETAILS (continued)
3.
Date contract was signed by owner and building contractor (if applicable):
/
/
4.
The work was commenced on
/
/
and completed on
/
/
5.
The contract amount (if applicable) was
$
6.
The payments made total
$
7.
The amount owing (if any) is
$
8.
The work the subject of this dispute was: performed under contract with a building contractor performed by me/us/the company under contract with an owner purchased by me/us as a new building purchased by me/us as a previously occupied building other (please specify)
9.
Is this dispute at present the subject of any proceedings before the Supreme, District or Magistrates Court? Yes
No
If yes, please specify: • which court • file number • town or city • commencement date
/
/
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 5 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART B
GENERAL DISPUTE DETAILS (continued)
10. Have you made a complaint to the Queensland Building Services Authority (QBSA)? Yes
No
If yes, please specify: • date of complaint
/
/
• QBSA file number
11. Has the Queensland Building Services Authority: (a) notified you that a complaint has been made against you?
Yes
No
(b) given you a direction to rectify?
Yes
No
12. Do you plan to be absent for any length of time after filing your application?
If so, please specify:
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 6 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART C DETAILS OF WHAT YOU SEEK FROM THE TRIBUNAL
If there is insufficient space here, please attach additional pages. 1. I want the tribunal to make the following order/s: Insert orders sought in numbered paragraphs.
2.
The reasons I consider the order/s sought should be made are: Set out reasons in numbered paragraphs.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 7 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
2$"5 2VFFOTMBOE$JWJMBOE"ENJOJTUSBUJWF5SJCVOBM
PART D
CHECKLIST AND SIGNATURE
I have completed all questions on the application form according to the instructions.
If I am seeking the rectification of defective work or the completion of incomplete work, I have completed and attached the form Alleged defective work/incomplete work schedule.
I have provided the correct number of copies of the application form and attachments (for the number of copies required – see the instructions)
I have paid the prescribed fee.
I am ready to proceed with this application.
Interpreter Is an interpreter required?
Yes
No
If YES, please specify language
Warning Section 216 of the Queensland Civil and Administrative Tribunal Act 2009 makes it an offence for a person to knowingly give the registry documents containing false or misleading information. Maximum penalty for such an offence – $10,000.
SIGN AND DATE HERE The information in this application is true to the best of my knowledge.
Applicant/s sign here
Date
If more than one applicant is named all must sign the application.
Application for domestic building disputes – Queensland Building Services Authority Act 1991 – page 8 of 8
'PSNPSFJOGPSNBUJPOPO2$"5$BMMPSWJTJUXXXRDBURMEHPWBV
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