QCAT Building Disputes in Queensland – Complete Guide

QCAT Building Disputes in Queensland

QCAT building disputes in the building and construction industry are more common than most people think.

Whether it’s a homeowner dealing with unfinished renovations, a subcontractor chasing unpaid invoices, or a builder accused of defective work, these issues can quickly become stressful, expensive, and disruptive.

Fortunately, Queensland offers a unique legal forum tailored to these problems: the Queensland Civil and Administrative Tribunal, or QCAT.

QCAT plays a vital role in helping everyday Queenslanders resolve building contract disputes efficiently and affordably.

It covers everything from domestic renovations and payment claims to licence appeals and defective work applications.

Importantly, the tribunal is designed to be accessible even without legal representation, making it a practical alternative to costly court proceedings.

In this guide, we explain exactly how QCAT works in building disputes, who can apply, what kinds of issues it deals with, and how to prepare a strong case.

Whether you’re a homeowner looking for answers or a contractor needing to defend your work, understanding QCAT is the first step toward resolution.

What Is QCAT and Why Is It Important for Building Disputes?

The Queensland Civil and Administrative Tribunal (QCAT) is a state tribunal that plays a critical role in resolving a wide range of legal issues, including building disputes.

QCAT is the designated body for homeowners, builders, and contractors to resolve disagreements arising from domestic or commercial construction work in Queensland.

Under the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act), the tribunal is granted jurisdiction to deal with disputes relating to:

1. Defective or incomplete building work.
2. Breaches of building contracts.
3. Unpaid debts under construction agreements.
4. Disciplinary matters concerning building professionals.
5. Reviews of decisions made by the Queensland Building and Construction Commission (QBCC).

If you’re wondering where to turn when a building project goes wrong, QCAT is often your first and most cost-effective legal option.

Importantly, QCAT isn’t just for large companies or legal experts. It’s designed to be accessible and affordable for the everyday Queenslander – whether you’re a homeowner dealing with shoddy renovations or a builder chasing unpaid invoices.

Why Use QCAT Instead of Going to Court?

Traditional court processes can be lengthy, expensive, and intimidating.

QCAT offers a more practical alternative, especially when it comes to residential and commercial building contract disputes.

Here’s why QCAT is often the better choice:

1. Lower cost: Application fees are significantly cheaper than court filing fees.
2. Faster process: QCAT’s processes are designed to avoid delays and lengthy litigation.
3. Informal procedures: You typically won’t need a lawyer, and hearings are more relaxed than courtrooms.
4. Specialised knowledge: QCAT members who hear building matters are often experts in construction law or industry practice.
5. Binding decisions: Orders made by QCAT are enforceable in the same way as court orders.

For instance, if you’re a homeowner and a contractor fails to complete your bathroom renovation, or you’re a subcontractor left unpaid for work on a townhouse build, QCAT provides a direct legal path to resolve these issues without going through the full court process.

Let’s say you hired a builder for a home extension and later discovered the work was structurally unsound.

You lodged a QBCC complaint, and the issue wasn’t resolved.

QCAT allows you to escalate the matter and seek an enforceable order, such as requiring the builder to rectify the work or compensate you for losses.

Even for commercial building disputes under $50,000, QCAT offers a streamlined path forward.

Larger claims may be heard by QCAT only if both parties consent, making it essential to understand when QCAT is the right venue.

Types of Building Disputes Handled by QCAT

The QCAT is empowered under the Queensland Building and Construction Commission Act 1991 (QBCC Act) to handle a wide range of building-related disputes.

Whether you’re a homeowner facing poor workmanship or a contractor trying to recover unpaid invoices, QCAT provides a legal pathway tailored for the construction industry in Queensland.

Below are the main types of QCAT building disputes you need to understand.

Domestic Building Disputes

A domestic building dispute involves residential construction or renovation projects—essentially, any work done on a home or dwelling.

These disputes may arise between homeowners, builders, subcontractors, architects, engineers, certifiers, or suppliers.

Typical examples of domestic disputes handled by QCAT include:

1. Claims about defective work, such as cracked tiles, leaky roofs, or poor structural integrity.
2. Disputes over unfinished or abandoned projects, such as a builder walking off the job.
3. Contract breaches, including price hikes or unexpected variation claims
4. Negligence or nuisance claims related to residential work (excluding personal injury)

Case Example:

A homeowner in Brisbane contracted a builder to renovate their kitchen. Upon completion, they discovered that the cabinetry was misaligned, and plumbing wasn’t up to code. After lodging a QBCC complaint and receiving an unsatisfactory resolution, the homeowner applied to QCAT for defective work. QCAT ordered rectification and compensation for associated costs.

There is no monetary limit on QCAT’s jurisdiction for domestic building disputes, making it a suitable forum even for high-value claims.

Commercial Building Disputes

QCAT also hears commercial building disputes, though there are specific thresholds and conditions. These disputes typically arise between:

1. Building contractors and subcontractors.
2. Builders and suppliers or consultants.
3. Parties involved in commercial or investment property construction.

Commercial disputes often involve:

1. Contract disagreements over scope, delays, or payment terms.
2. Allegations of substandard commercial construction.
3. Claims related to non-payment for services or materials.

Key Limitation: QCAT can only hear commercial building disputes up to $50,000, unless both parties agree to the tribunal’s jurisdiction for a higher-value claim. If there is no mutual consent and the claim exceeds $50,000, the matter must be dealt with in court.

Case Example:

A subcontractor performed air-conditioning work in a commercial retail fit-out but was not paid in full. The amount owed was $32,000. After a failed QBCC resolution attempt, the subcontractor lodged a claim with QCAT for unpaid commercial work. The tribunal ruled in favour of the subcontractor, ordering payment plus interest.

Major Commercial Building Disputes

Under the QBCC Act, a major commercial building dispute is one where the amount in dispute exceeds $50,000. QCAT may still hear these larger-scale disputes, but only if all parties provide written consent.

This requirement reflects the more complex nature of major commercial matters, which often involve:

1. Multi-party construction agreements.
2. Extensive contractual documentation.
3. Technical expert evidence.

To proceed in QCAT for these high-value claims, the applicant must file:

1. Form 25 – Application for commercial building disputes.
2. A Consent Notice signed by all parties, as required by Section 79 of the QBCC Act.

Case Example:

A building contractor engaged multiple subcontractors on a commercial project worth $120,000. After the project, a dispute arose about $65,000 in withheld payments. All parties agreed to QCAT’s jurisdiction to avoid court costs and delays. QCAT proceeded to hear the matter under its special provisions for major commercial building disputes.

Important Note: If even one party refuses consent, QCAT will not have jurisdiction. In such cases, the dispute must be pursued in the District or Supreme Court, depending on the amount involved.

Jurisdiction and Legal Authority of QCAT in Building Matters

QCAT holds a unique and specialised role when it comes to resolving building contract disputes in Queensland.

Its jurisdiction and authority are derived primarily from two key pieces of legislation:

1. The Queensland Building and Construction Commission Act 1991 (QBCC Act).
2. The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

Understanding how QCAT’s authority is structured can help homeowners, contractors, and construction professionals determine whether QCAT is the right forum for resolving their dispute.

Powers Granted by the QBCC Act and QCAT Act

Under section 77(3) of the QBCC Act, QCAT is empowered to make a wide range of orders to resolve building disputes. These include:

1. Ordering payment of an amount owed between parties.
2. Awarding damages, including interest.
3. Providing relief from payment where appropriate.
4. Making declarations about misleading, deceptive, or unjust contractual terms.
5. Ordering rectification or completion of defective or incomplete building work.
6. Declaring a contract void or varied due to unfairness.
7. Awarding costs, where justifiable.

Section 77 of the QBCC Act states:

(1) A person involved in a building dispute may apply, as provided under the QCAT Act , to the tribunal to have the tribunal decide the dispute.
(2) However, the person may not apply to the tribunal unless the person has complied with a process established by the commission to attempt to resolve the dispute.
(3) Without limiting the tribunal’s powers to resolve the dispute, the tribunal may exercise 1 or more of the following powers—
(a) order the payment of an amount found to be owing by 1 party to another;
(b) order relief from payment of an amount claimed by 1 party from another;
(c) award damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation;
(d) order restitution;
(e) declare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice;
(f) avoid a policy of insurance under the statutory insurance scheme;
(g) order rectification or completion of defective or incomplete tribunal work;
(h) award costs.

These powers make QCAT a comprehensive dispute resolution forum for the building and construction sector.

It’s not simply about awarding money – QCAT can also make corrective and equitable orders, tailored to the specifics of construction disputes.

Case Example:

A homeowner was misled about the quality of materials used in their home extension. QCAT found that the builder had engaged in misleading conduct / breach of contract, ordering rectification and partial compensation.

Tribunal Work Defined

QCAT’s authority extends to what is legally defined as “tribunal work” under section 75 of the QBCC Act. This includes a broad range of building-related activities, covering both domestic and commercial settings.

The scope of tribunal work includes:

1. Erection or construction of buildings (residential or commercial)
2. Renovations, alterations, extensions, improvements, or repairs
3. Site work, including driveways, landscaping, fencing, and retaining walls
4. Construction of swimming pools, spas, and garages
5. Fire protection systems and mechanical services (like HVAC)
6. Installation of utilities such as water supply, sewerage, and drainage systems
7. Demolition or removal of buildings
8. Plans, specifications, and cost estimates
9. Provision of materials and design services for the above

Put simply, if your dispute involves a contract, service, or fault associated with construction or property improvement, QCAT likely has jurisdiction.

Case Study:

A pool contractor abandoned a job after partial excavation and plumbing. The homeowner filed a QCAT building dispute seeking an order to recover costs and compel rectification. QCAT confirmed the work was “tribunal work” and ruled in favour of the homeowner.

Limits of QCAT’s Jurisdiction

While QCAT is a powerful body for resolving building disputes, its jurisdiction is not unlimited. There are several important limitations.

Adjudication Decisions – Excluded

QCAT cannot review adjudication decisions made under the Building Industry Fairness (Security of Payment) Act 2017 (BIFA).

This includes payment decisions made by independent adjudicators on progress claims.

If a party is dissatisfied with an adjudication outcome, their remedies must lie in the courts, not in QCAT.

Read more here – Reviewing a BIFA Adjudication Decision.

Disputes Without Prior QBCC Engagement

Under section 77(2) of the QBCC Act, an applicant must first attempt dispute resolution with the QBCC before bringing a matter to QCAT.

The dispute resolution page is here – https://www.qcat.qld.gov.au/case-types/building-and-construction/domestic-and-commercial-dispute-process/domestic-and-commercial-building-disputes

This process involves QBCC inspectors or mediators trying to resolve the issue.

If a party bypasses this step, QCAT may dismiss the application for lack of jurisdiction.

Key Provision in the Act

Section 77(2) of the QBCC Act states:

A person may not apply to the tribunal to decide a building dispute unless the person has complied with the requirements of section 83(3)(b) and (c) if applicable.

This refers to the statutory obligation for a party to first attempt to resolve the dispute through the QBCC’s internal dispute resolution process, typically involving:

• a QBCC complaint (e.g. for defective or incomplete work),
• a site inspection, and
• possibly a Direction to Rectify issued by QBCC.

Walsh v Australian Building and Construction Group

In the case of Walsh v Australian Building and Construction Group [2016] QCAT 187 Senior Member Brown ruled at [12]:

Section 77(2) QBCC Act is expressed in clear and unequivocal terms. A person may not apply to the tribunal to decide a building dispute unless the person has complied with a process established by the QBCC to attempt to resolve the dispute. Compliance with the section is a precondition to the jurisdiction of the Tribunal being enlivened. The provision is not merely procedural, it is mandatory and has substantive effect. The Tribunal cannot exercise the powers conferred by s 61 QCAT Act to waive compliance with s 77(2) QBCC Act.

Practice Tip: Sometimes parties to a building debt dispute might simply try to bring the claim in the minor civil disputes jurisdiction.  If this happens and it relates to building work, it may be transferred to the jurisdiction of the building disputes.  If this happens, then QCAT may not have jurisdiction if the above has not been complied with.

Consent Required for High-Value Commercial Disputes

For major commercial building disputes where the claim exceeds $50,000, QCAT only has jurisdiction if both parties agree in writing.

If either party withholds consent, the case must be heard in a traditional court.

The Process of Bringing a Building Dispute to QCAT

Bringing a QCAT building dispute in Queensland involves a defined legal process that balances fairness, efficiency, and accessibility.

While QCAT is designed to be user-friendly, it’s still essential to follow the correct steps—especially given its jurisdictional requirements under the QBCC Act and QCAT Act.

Understanding the process not only improves your chances of success, but it can also save you time and cost by avoiding common procedural pitfalls.

Step 1 – Mandatory QBCC Dispute Resolution

Before you can bring a building matter before QCAT, you must first engage with the Queensland Building and Construction Commission (QBCC) to attempt early resolution.

This requirement is not optional—it’s a legal precondition under section 77(2) of the QBCC Act and Walsh v Australian Building and Construction Group [2016] QCAT 187.

The QBCC resolution process typically involves:

1. Submitting a QBCC complaint via their online portal.
2. Allowing QBCC inspectors to assess the issue (e.g., defective work, incomplete construction).
3. Attempting to resolve the matter through informal negotiation or a direction to rectify.

Only once this step is completed and the matter remains unresolved, you can proceed to QCAT.

Before you do so, you must provide written confirmation from QBCC outlining the outcome of this attempt. The QBCC forms demand it:

Without it, QCAT will reject your application for lack of jurisdiction.

Case Example:

A homeowner in Cairns filed a QBCC complaint after noticing structural movement in a new retaining wall. The QBCC issued a Direction to Rectify, but the builder failed to comply. The homeowner then lodged a QCAT application with the QBCC’s outcome letter, enabling the tribunal to hear the dispute.

Step 2 – Filing a QCAT Application

Once QBCC involvement is complete, you can formally apply to QCAT.

The correct form depends on the nature of your building dispute, and it’s important to choose the right one:

1. Form 23 – Application to review a decision (used to review a QBCC decision)
2. Form 25 – Application for commercial building disputes (used for contractor, supplier, or business disputes)
3. Form 26 – Application for domestic building disputes (used for homeowner-contractor disputes)

If your application relates to defective or incomplete work, you must also attach the “Defective Work/Incomplete Work Schedule”.

This form allows you to clearly list each issue you’re raising before the tribunal.

Other documentation to consider including:

1. The building contract or agreement.
2. QBCC correspondence and reports.
3. Photographs or expert reports showing defects or incomplete work.
4. Any payment invoices, variations, or correspondence relevant to the dispute.

Example Tip: Be thorough in your documentation. The more clearly and professionally you present your evidence, the more weight your application is likely to carry.

Step 3 – Tribunal Proceedings and Hearings

After QCAT receives your application, the process moves forward in stages.

These can vary depending on the complexity of the case and whether the other party files a response or counterclaim.

Here’s what to expect:

1. Initial Directions.
2. QCAT may issue procedural directions such as:
   1. Timeframes for filing evidence.
   2. Whether legal representation is allowed.
3. Scheduling a mediation or case conference.
4. Interim Orders.

If your situation is urgent (e.g., a partially built structure poses a danger), you may apply for an interim order to prevent further harm while your case is being heard.

Step 4 – Mediation or Compulsory Conference

QCAT often encourages early resolution through mediation or compulsory conference.

If that fails, the case will progress to a formal hearing.

Step 5 – Final Hearing

Both parties will present their evidence, including documents, witness statements, and expert opinions.

QCAT will make a legally binding decision, which may involve:

1. Requiring payment.
2. Ordering rectification.
3. Cancelling or modifying a contract.
4. Awarding costs.

Case Example:

A Brisbane homeowner filed a QCAT claim after the contractor failed to install compliant waterproofing in a new bathroom. The builder filed a counterclaim alleging non-payment. QCAT reviewed both sides, examined reports, and ultimately ordered the builder to rectify the work and dismissed the counterclaim.

Common Outcomes and Remedies Ordered by QCAT

When you lodge a QCAT building dispute, whether for defective work, a payment issue, or a QBCC complaint review, you’re not just seeking acknowledgment of the problem. You’re asking QCAT to make things right.

Fortunately, QCAT has a robust set of powers under the QCAT Act to grant legal and financial remedies tailored to construction matters.

Whether you’re a homeowner or a builder, understanding what QCAT can actually do helps you approach the tribunal with realistic expectations.

Types of Orders QCAT Can Make

Under section 77(3) of the QBCC Act, QCAT is empowered to issue a range of orders aimed at resolving construction disputes fairly. These include:

1. Rectification or Completion of Work.
2. Monetary Compensation or Repayment.
3. Voiding or Varying Unfair Contracts.
4. Restitution or Relief from Payment.
5. Costs Orders.

We will explain these in more detail below.

Rectification or Completion of Work

One of the most common remedies is an order requiring the contractor to fix defective or incomplete work.

This is particularly relevant in domestic building disputes, where the quality of workmanship often falls short of contractual or regulatory standards.

Case Example:

A homeowner engaged a builder for a bathroom renovation. The tiling was uneven, and water pooled near the vanity. After a defective work QCAT application, the tribunal ordered the builder to return and rectify the work within 30 days.

Monetary Compensation or Repayment

QCAT can order one party to pay damages to another. This might include:

1. Compensation for poor workmanship.
2. Repayment of advance deposits for incomplete work.
3. Costs for hiring another contractor to complete the job.
4. QCAT can also award interest on the amount owed.

Case Example:

A subcontractor wasn’t paid the final $18,000 for air-conditioning installation in a commercial build. QCAT, hearing a commercial building dispute tribunal claim, ordered full repayment plus interest.

Voiding or Varying Unfair Contracts

If QCAT finds a contract to be misleading, deceptive, or unjust, it has the power to:

1. Declare specific terms void.
2. Vary the contract to ensure fairness.

This is particularly useful when standard building contracts are used unfairly against one party.

Case Example:

A homeowner signed a contract with a builder that included a “no refund” clause for prepayments, even if work wasn’t completed. QCAT found the term unjust and declared it void, ordering a full refund.

Restitution or Relief from Payment

QCAT may order restitution, which means restoring a party to the position they were in before the dispute arose.

In some cases, QCAT may also grant relief from having to pay, such as when a builder fails to deliver contracted work.

Costs Orders

While QCAT typically requires each party to bear their own legal costs, it may award costs against a party who acted unreasonably or failed to comply with tribunal directions.  The legislative reason QCAT can award costs in this jurisdiction is outlined below:

The starting position is section 100 of the QCAT Act, which states:

Other than as provided under this Act or an enabling Act, each party to a proceeding must bear the party’s own costs for the proceeding.

An enabling act, also known as enabling legislation, is a law that grants a government body, agency, or individual the authority to take certain actions or establish a specific entity.  It’s essentially a piece of legislation that delegates powers from the legislative body to another party.

The enabling act in this jurisdiction is 77 of the QBCC Act, which states at 77(3)(h):

Without limiting the tribunal’s powers to resolve the dispute, the tribunal may exercise 1 or more of the following powers … (h) award costs.

Practice Tip: Like above, sometimes parties to a building debt dispute might simply try to bring the claim in the minor civil disputes jurisdiction.  If this happens, and it relates to building work, it may be transferred to the building disputes jurisdiction.  If this happens, then the plaintiff might be on the receiving end of a costs order. This can include solicitors’ and barristers’ fees.

Enforcing a QCAT Decision

Winning your case is one thing, but what if the other party doesn’t comply?

Unfortunately, this happens more often than many expect. That’s why it’s important to know how to enforce a QCAT decision.

Here’s how enforcement works:

1. Register the Decision as a Court Order.
2. Application for a Decision by Default.
3. Contempt or Non-Compliance.

We will explain this in more detail below.

Register the Decision as a Court Order

A QCAT decision can be filed in the Magistrates, District, or Supreme Court, depending on the amount.

Once registered, it has the same legal force as a court judgment, allowing enforcement action such as:

1. Seizing assets (warrant for seizure and sale of property).
2. Garnishing wages (warrant for redirection of earnings).
3. Issuing a bankruptcy notice and a creditors’ petition.
4. Serving a statutory demand and winding up application.

Application for a Decision by Default

If the respondent fails to respond to your application or misses deadlines, you can apply for a default decision.

This allows QCAT to make a ruling based solely on your filed evidence.

Contempt or Non-Compliance

If a party wilfully ignores a QCAT order, further legal consequences may apply. This could include cost penalties or, in some cases, civil enforcement proceedings.

Case Example:

A homeowner obtained a QCAT order requiring a builder to pay $22,000 for unfinished deck work. The builder ignored the order. The homeowner then registered the decision in the Magistrates Court and initiated enforcement proceedings to recover the debt through property seizure.

QCAT Review of QBCC Decisions

While QCAT is best known for handling building disputes between contractors and homeowners, it also plays a vital role in reviewing decisions made by the QBCC.

These review rights provide a critical avenue for builders and property owners alike to challenge regulatory decisions that affect licensing, compliance, and insurance rights.

Understanding when and how to review a QBCC decision can significantly improve your protection of professional or property interests.

When Can You Challenge a QBCC Decision in QCAT?

QCAT has jurisdiction to review a wide range of “reviewable decisions” made by the QBCC under section 86 of the QBCC Act.

These are decisions that significantly impact contractors, certifiers, and homeowners alike.  Some common examples of reviewable decisions include:

1. Refusal to issue or renew a licence.
2. Placing or changing conditions on a licence.
3. Suspension or cancellation of a licence or permit.
4. Issuing or refusing to issue a Direction to Rectify.
5. Decisions under the statutory insurance scheme, such as declining cover.
6. Taking disciplinary action under section 74F of the QBCC Act.

To initiate a review, the applicant must use Form 23 – Application to Review a Decision and file it within the statutory time limit, typically 28 days from the date of the decision.

Case Example:

A builder in Sunshine Coast had their QBCC licence cancelled due to an alleged indictable offence. Believing the decision was flawed, they applied to QCAT to review the QBCC decision. After hearing evidence from both sides, QCAT overturned the suspension, citing insufficient grounds.

Read more here – QBCC Licence Suspension / Cancellation for an Indictable Offence.

QCAT’s review powers are broad. The tribunal can:

1. Confirm the QBCC’s decision.
2. Vary the decision.
3. Set it aside and substitute its own decision.
4. Send it back to the QBCC with directions for reconsideration.

These review rights ensure that the QBCC’s decisions are subject to independent scrutiny, providing fairness and accountability in Queensland’s building regulation system.

Limits of Review – Adjudication Decisions

It’s important to understand that QCAT does not have the power to review adjudication decisions made under the Building Industry Fairness (Security of Payment) Act 2017 (BIFA).

Adjudicators are independent professionals who decide payment disputes under that legislation, often between contractors and subcontractors.

Once an adjudicator has made a decision about payment (for example, ordering payment of a disputed invoice), QCAT cannot overturn or re-evaluate it.

Instead, these decisions must be challenged through the courts if necessary.

Full article here – Reviewing a BIFA Adjudication Decision

In short:

1. You can challenge decisions by the QBCC.
2. You cannot challenge adjudication outcomes made under BIFA.

Legal Support and Representation in QCAT Building Disputes

One of the reasons many homeowners and builders choose QCAT for their building contract disputes is its reputation for being less formal, more accessible, and more affordable than the traditional court system.

However, that does not mean legal advice or representation is unnecessary.

In fact, professional legal guidance can make a substantial difference in the process and outcome of certain matters, especially those involving complex legal issues, regulatory reviews, or large sums of money.

When Legal Representation Is Allowed

QCAT is designed as a user-friendly forum where parties can usually represent themselves. But there are many circumstances in which having a construction lawyer or building disputes specialist is either permitted or highly advisable.

According to section 43 of the QCAT Act, legal representation in building matters is:

1. Allowed by right in cases involving review of a QBCC decision, including – Licence suspensions or cancellations, or QBCC insurance disputes, or Directions to rectify.
2. Permitted with tribunal approval for – Complex building contract disputes, Major commercial building disputes exceeding $50,000, Cases involving multiple parties or expert evidence.

QCAT may also allow representation if:

1. The other party has legal representation.
2. The matter involves a significant question of law.
3. The applicant would be unfairly disadvantaged without representation.

Case Example:

A small contractor was defending a claim involving an alleged breach of contract and defective work. The opposing party engaged a solicitor. QCAT permitted the contractor to also have legal representation to ensure a fair hearing.

Even where legal representation at the hearing is not strictly required, getting advice beforehand on your rights, documentation, and evidence strategy is strongly recommended.

A solicitor can draft or review your application, ensure your paperwork is complete, and help anticipate issues that may arise during proceedings.

Cost Considerations and Legal Services

Legal costs are understandably a concern for many Queenslanders navigating a QCAT building dispute.

Fortunately, several law firms (like Stonegate Legal) offer legal services for key stages of the QCAT process.

Typical legal services may include:

1. Written legal advice on the merits of your case and options.
2. Preparation and lodgement of QCAT applications (e.g. Forms 23, 25, or 26).
3. Drafting of submissions, affidavits, and supporting documents.
4. Representation at hearings or mediation (if approved).
5. Enforcement advice post-decision.

Important Tip: Even if you decide not to engage a solicitor for the full hearing, an early consultation can help avoid common pitfalls, like using the wrong form, submitting insufficient evidence, or misunderstanding QCAT’s jurisdiction.

Case Studies: Real Examples of QCAT Building Disputes

To truly understand how the Queensland Civil and Administrative Tribunal (QCAT) operates in real life, it’s helpful to look at actual scenarios where the tribunal has made decisive rulings.

These case studies illustrate how QCAT handles typical building contract disputes in Queensland, from defective work claims to licence suspensions and cost blowouts.

If you’re a homeowner considering filing a QCAT building dispute, or a contractor responding to a claim, these examples will give you insight into how your situation might unfold.

Defective Bathroom Tiling – Owner Wins Rectification

A Brisbane homeowner hired a licensed builder to renovate their bathroom.

Upon completion, they noticed visible defects: the floor was uneven, tiles were cracking, and water wasn’t draining correctly.

The homeowner lodged a QBCC complaint, prompting an inspection and a Direction to Rectify.

When the builder refused to comply, the matter was escalated to QCAT.

QCAT Outcome – QCAT assessed photographic evidence and an expert report submitted by the homeowner.

The tribunal ruled that the tiling did not meet the required building standards and constituted defective work under the QBCC Act.

Remedy Ordered – The builder was ordered to return and rectify the defective work at no cost to the owner.

QCAT also made a secondary order requiring the builder to pay compensation for temporary accommodation during the rectification period.

Cost Dispute in Home Extension – Variation Clarified

A couple on the Sunshine Coast engaged a builder to construct an extension on their home.

Midway through the project, the builder issued an invoice for an additional $25,000, citing unexpected costs for drainage and foundation work.

The couple disputed the amount, claiming no written variation had been agreed upon.

The builder responded by halting work, leading to a QCAT commercial building dispute application.

QCAT Outcome – QCAT examined the signed building contract, including clauses related to variations and required approvals.

No written variation had been provided or signed by the owners, which was a contractual requirement.

Remedy Ordered – QCAT ruled that the variation was unenforceable due to lack of proper documentation.

The owners were not liable for the extra costs, and the builder was ordered to complete the original scope of work.

No damages were awarded, but the builder bore his own costs.

Builder Appeals Licence Suspension – Upheld

The QBCC suspended the building licence of a licensed contractor after repeated consumer complaints about incomplete and substandard work.

The builder filed a QCAT review application under section 86 of the QBCC Act, arguing that the complaints were isolated incidents and that remedial action had been taken.

QCAT Outcome – QCAT reviewed the QBCC’s reasoning, including prior warnings, consumer affidavits, and compliance history.

Despite the builder’s defence, the tribunal found a pattern of non-compliance and a risk to the public if the licence remained active.

Remedy Ordered – QCAT upheld the QBCC’s decision to suspend the builder’s licence.

The tribunal noted the importance of consumer protection and professional standards in the Queensland construction industry.

These case studies highlight QCAT’s flexibility and authority in handling a wide range of building disputes.

Whether you’re a property owner dealing with defective renovations, a builder facing payment issues, or a professional appealing a regulatory decision, QCAT provides a practical forum for resolving these complex matters.

Tips to Strengthen Your QCAT Building Dispute Case

When pursuing a QCAT building dispute, preparation is key.

While QCAT is designed to be accessible for self-represented parties, a well-prepared application can significantly improve your chances of success, whether alleging defective work, responding to a QBCC complaint, or navigating a building contract dispute in Queensland.

Here are three essential steps every applicant or respondent should take before and during a QCAT building matter.

Step 1 – Gather Strong Documentation

The cornerstone of any successful building dispute case is evidence.

QCAT decisions are based largely on the documents and records submitted by each party, so investing time upfront in gathering the right materials is essential.

Key documents to collect include:

1. A copy of the signed building contract, including variations.
2. Invoices, quotes, and proof of payments (bank transfers, receipts).
3. Emails, text messages, and correspondence related to disputes or instructions.
4. Photographs or video evidence showing defects or incomplete work.
5. QBCC letters confirming the outcome of dispute resolution.
6. Expert reports, if available (e.g. building inspection or engineering assessments).

Case Example:

In a case involving cracked brickwork and drainage issues, a homeowner submitted before-and-after photos, QBCC inspection findings, and an engineer’s report. QCAT ruled in their favour, citing clear documentary proof of tribunal work defects.

Pro tip: Create a folder, physical or digital, that you can quickly reference at any stage in the QCAT process, from application to hearing.

Step 2 – Seek Mediation or ADR Where Possible

While QCAT can make binding legal decisions, alternative dispute resolution (ADR) is encouraged and, in some cases, required. You may be directed to attend a:

1. Mediation.
2. Compulsory conference.
3. Directions hearing.

These sessions are often more informal and collaborative than a full hearing, and they can result in practical outcomes, faster and at lower cost.

Even before reaching QCAT, the QBCC dispute resolution process functions as a type of early mediation, particularly for domestic building issues.

It can result in a Direction to Rectify or an agreement between parties—without the need for litigation.

Case Example:

A builder and client resolved a commercial building dispute over variation costs at a compulsory QCAT conference. A QCAT member helped clarify scope and contract obligations, leading to a compromise that avoided a hearing.

Remember: Being open to reasonable settlement doesn’t weaken your case—it strengthens your credibility and may save months of stress and legal costs.

Step 3 – Know Your Rights Under the QBCC Act

To prepare effectively, you need to understand the legal framework governing your dispute, primarily the QBCC Act.

Key rights and responsibilities under the Act include:

1. Your right to lodge a QBCC complaint and receive a written outcome.
2. The requirement to complete the QBCC process before applying to QCAT (for most disputes).
3. Definitions of “tribunal work” that determine QCAT’s jurisdiction (e.g. construction, site works, plumbing, landscaping).
4. Your right to apply to QCAT for review of a QBCC decision (e.g. licence suspension or insurance claim denial).
5. The right to seek orders for rectification, damages, or contract variation under Section 77 of the Act.

Understanding your rights gives you the confidence to articulate your case clearly and challenge incorrect assumptions made by the other party, or even by QBCC.

Key Takeaways – QCAT Building Disputes in Queensland

If you’re dealing with a construction issue in Queensland, whether you’re a homeowner grappling with defective work or a contractor trying to resolve a building contract dispute, QCAT offers a practical, accessible forum to resolve your case.

Here are the key things you need to remember:

QCAT handles a wide range of building disputes, including:

1. Domestic and commercial building disputes are within QCAT’s jurisdiction.
2. Disputes may involve incomplete work, poor workmanship, delays, or unpaid claims.
3. QCAT also hears reviews of QBCC decisions.

The QBCC Dispute Process Comes First

For most disputes, you must lodge a QBCC complaint before applying to QCAT.

A letter confirming the outcome of this process is usually required to validate your QCAT application.

There are clear legal thresholds, including:

1. Domestic building disputes have no financial limit.
2. Commercial disputes are capped at $50,000 unless both parties agree to QCAT’s jurisdiction.
3. Major commercial disputes require mutual consent to proceed in QCAT.

QCAT Has Broad Powers to Grant Remedies, including:

1. Orders can include rectification, damages, repayment, or contract variation.
2. QCAT decisions can be enforced through the courts if the other party doesn’t comply.

The success of your application often depends on your evidence—contracts, correspondence, reports, and photos.

Knowing your rights under the QBCC Act and engaging early legal advice gives you the best chance of a successful outcome.

Need Help with a QCAT Building Dispute?

A QCAT building dispute can have real financial and emotional consequences, especially involving your home, business, or professional licence.

While QCAT is designed to be approachable, it’s still a legal process. The right legal advice can make all the difference.

Whether you need:

1. Help filing the correct Form 23, 25, or 26.
2. Assistance preparing evidence for a defective work QCAT claim.
3. Advice on how to review a QBCC decision.
4. Or support during commercial building dispute tribunal proceedings.

… an experienced construction solicitor can ensure your case is presented professionally, efficiently, and with the best chance of success.

Don’t go it alone. If you’re facing a building dispute in Queensland, contact a qualified building and construction lawyer today.

Useful QBCC Resources

Navigating a QCAT building dispute in Queensland can be complex, whether you’re a homeowner confronting defective work or a builder chasing unpaid invoices.

The good news? You don’t have to do it alone. Queensland’s building and construction legal framework is supported by a range of official resources that can help you understand your rights, prepare your application, and manage the process from start to finish.

Use this collection to strengthen your case, stay compliant, and make informed decisions throughout your QCAT dispute.

QCAT – Building and Construction Disputes Portal

Official information on the dispute process, forms, timelines, and hearing procedures.

• QCAT Domestic and Commercial Building Disputes

Queensland Civil and Administrative Tribunal (QCAT) – Forms

Download Form 23 (QBCC review), Form 25 (commercial disputes), Form 26 (domestic disputes), and others.

• QCAT Forms and Fees

QBCC – Dispute Resolution Process

Overview of how the QBCC handles complaints, Directions to Rectify, and when QCAT becomes the next step.

• QBCC Dispute Resolution

Queensland Building and Construction Commission Act 1991 (QBCC Act)

The primary legislation governing building disputes and tribunal powers.

• QBCC Act – Queensland Legislation Website

Queensland Civil and Administrative Tribunal Act 2009

Defines QCAT’s structure, jurisdiction, powers, and procedural framework.

• QCAT Act – Queensland Legislation Website

Building Industry Fairness (Security of Payment) Act 2017 (BIF Act)

Important if your dispute relates to payment claims or adjudication outside QCAT.

• BIF Act – Queensland Legislation Website

QCAT Practice Directions and Procedures

Provides practical procedural rules for managing QCAT matters, including filing evidence, timeframes, and legal representation.

• QCAT Practice Directions

QCAT Decisions (AustLII)

Browse and study past tribunal decisions for similar building disputes.

• QCAT Decisions on AustLII

QCAT Fees and Concessions

Find the current fee schedule for building dispute applications.

• QCAT Fees

Table: QCAT Building Dispute Forms and When to Use Them

Table: Examples of “Tribunal Work” under the QBCC Act

QCAT Building Disputes in Queensland – FAQ

Whether you’re a homeowner dealing with defective building work or a builder facing a contract dispute, navigating a QCAT building dispute can feel overwhelming.

This FAQ section answers the most common questions about the QCAT process, your rights under the QBCC Act, and how to prepare your case.

Get practical, plain-English guidance tailored to Queensland’s building and construction laws.

What is a QCAT building dispute?

A QCAT building dispute refers to a legal disagreement involving construction work, handled by the Queensland Civil and Administrative Tribunal. These disputes may relate to defective work, incomplete work, payment issues, or breaches of building contracts. QCAT offers a cost-effective way to resolve such matters without going through the courts.

Who can apply to QCAT for a building dispute?

Homeowners, builders, contractors, subcontractors, and consultants (like architects or engineers) can apply to QCAT. The dispute must relate to building work or services under the QBCC Act, including residential and minor commercial construction projects. QCAT can also review certain decisions made by the Queensland Building and Construction Commission (QBCC).

Do I need to complain to the QBCC before going to QCAT?

Yes. For most disputes, especially those involving domestic or commercial building work, you must first lodge a complaint with the QBCC and complete their dispute resolution process. QCAT requires evidence that you have taken this step, usually in the form of a written outcome from the QBCC.

What is considered “defective work” under QCAT rules?

Defective work refers to building work that doesn’t meet contractual, legal, or industry standards. This may include poor workmanship, structural faults, safety issues, or non-compliance with the Building Code of Australia. QCAT can order rectification or compensation when defective work is proven.

How much can I claim in a QCAT commercial building dispute?

QCAT can hear commercial building disputes up to $50,000. If the amount exceeds that, both parties must agree in writing for QCAT to hear the case. Without consent, the dispute must be resolved through the courts. Domestic building disputes have no financial cap.

Can QCAT order a builder to fix work?

Yes. QCAT has the power to order a builder or contractor to rectify defective or incomplete work. This may include completing construction, repairing faults, or bringing work up to code. Such orders are legally binding and enforceable through the courts if not followed.

What forms do I need to file a building dispute at QCAT?

You’ll need to complete either Form 25 (for commercial disputes), Form 26 (for domestic disputes), or Form 23 (to review a QBCC decision). If you’re claiming defective or incomplete work, include the relevant schedule form with detailed descriptions of the issues.

Can I apply to QCAT online?

Yes. Most QCAT building dispute applications can be lodged online through the QCAT website. You’ll need to upload your completed forms, supporting documents, and pay the application fee. Ensure you’ve completed the QBCC resolution process before submitting your application.

How long does it take for QCAT to resolve a building dispute?

Timelines vary depending on complexity, urgency, and whether mediation is successful. Simple matters may be resolved within a few months, while complex disputes may take longer, especially if they go to a full hearing. Interim orders can be sought in urgent cases.

Can I recover legal costs through QCAT?

QCAT generally requires each party to bear their own legal costs. However, costs may be awarded where a party has acted unreasonably, failed to comply with directions, or if the case involves complex legal issues. Always seek legal advice about costs before applying.

Can I appeal a QCAT decision?

Yes, but appeals are limited. You may appeal to the QCAT Appeal Tribunal for minor matters or to the District or Supreme Court for serious legal errors. Appeals must generally be lodged within 28 days and may require leave, depending on the nature of the case.

What happens if the other party doesn’t comply with a QCAT order?

If a party doesn’t comply, you can enforce the QCAT decision by registering it as a court order in the Magistrates, District, or Supreme Court. Once registered, you may take legal steps such as asset seizure, garnishing wages, or placing a charge over property.

What types of building work fall under QCAT’s jurisdiction?

QCAT can decide disputes involving construction, renovations, landscaping, swimming pools, retaining walls, fire systems, driveways, fencing, and site preparation. This includes both residential and minor commercial building work as defined under the Queensland Building and Construction Commission Act 1991.

Can QCAT review a QBCC decision about my builder’s licence?

Yes. QCAT can review a wide range of QBCC decisions, including licence suspensions, cancellations, or refusals to renew. It can also review insurance decisions, Directions to Rectify, and disciplinary actions under section 86 of the QBCC Act.

Is legal representation allowed in QCAT building disputes?

Yes, but it’s not always automatic. You can represent yourself, but for complex or review matters, especially involving licensing or high-value disputes, legal representation is usually permitted. In some cases, you must seek QCAT’s permission to have a lawyer act for you.

Can QCAT help with disputes involving subcontractors or suppliers?

Yes. QCAT can handle disputes between builders, subcontractors, consultants (e.g. architects, engineers), and suppliers—particularly where the dispute relates to building contract performance, workmanship, payment, or material supply within the scope of tribunal work.

Is mediation part of the QCAT process?

Often, yes. QCAT encourages mediation or compulsory conferences to help parties resolve disputes without a hearing. If successful, this can result in quicker, less costly outcomes. If mediation fails, the case will proceed to a hearing before a tribunal member.

What’s the QCAT fee to lodge a building dispute?

Fees vary based on the amount you’re claiming. For most building disputes under $25,000, the application fee is around $380. Higher value claims incur higher fees. Concessions may apply in some cases. Always check QCAT’s current fee schedule before applying.

Can QCAT deal with payment disputes in construction?

Yes. QCAT handles payment disputes under building contracts, including claims for unpaid invoices or progress payments. If the claim is over $50,000 and commercial, both parties must agree to QCAT’s jurisdiction. Domestic building payment claims have no upper limit.

What’s the difference between QCAT and adjudication under the BIF Act?

QCAT resolves disputes about contract performance, quality of work, and QBCC decisions. Adjudication under the Building Industry Fairness (Security of Payment) Act 2017 is for fast-tracked payment disputes. QCAT cannot review adjudicator decisions—they must be challenged in court if necessary.