Resolving Minor Debt Disputes Outside of Court

September 21, 2016

Did you know that if you are in a dispute with a person, company or business over an agreed sum of money up to and including $25,000, you can resolve the dispute through the Queensland Civil and Administrative Tribunal (QCAT)?

QCAT is an independent tribunal which resolve disputes and makes decisions about a wide range of matters, including debt disputes, building disputes and other civil disputes.

Resolving minor debt disputes through QCAT, rather than going through the Magistrates Court, tends to be a much simpler process and is less costly.

Examples of minor debt disputes include:

• unpaid invoices or accounts
• work done and/or goods supplied
• unpaid loans
• IOUs
• dishonoured cheques.

If you find yourself in such a dispute, you should:

• Always attempt to settle the dispute directly with the other party. If you are able to settle the dispute, you should record the agreement in writing and make sure that all the parties sign the agreement and retain a copy.
• If this does not resolve the dispute you can:
  • Attend a free mediation with the other party at one of the 6 Dispute Resolution Centres in Queensland.
  • File a minor debt dispute application with QCAT. This involves completing an application and filing it with QCAT either in person or by post. You will also need to pay an application fee of between $24.60 and $315.70 depending on the amount of money you are claiming for.
  • File a Claim and Statement of Claim in the Magistrates Court, but remember that this is a more complicated process and will cost you more.

We can help by assisting you with what option to take and can advise on each process.

For more information on how to file a minor debt dispute with QCAT please contact Jessica Devane on (07) 4671 6036.