Representing yourself in a dispute

If your legal issue is simple you may want to consider trying to resolve it yourself. In Queensland there are a few different options available depending on the type of dispute you are trying to resolve and its approximate value. These include:

• Alternative dispute resolution
• Queensland Civil and Administrative Appeals Tribunal (QCAT)
• Queensland Ombudsman
• Representing yourself in court (self-represented litigant)

Alternative Dispute Resolution 

If you want to avoid going to court altogether, we recommend seeing if the issue can be resolved through Alternative Dispute Resolution (ADR).

Courts and Tribunals in Queensland encourage parties to use alternative dispute resolution (ADR) methods to resolve disputes and reach agreement themselves. This can assist to avoid the expense, time and conflict of a dispute for both parties.

Alternative dispute resolution is the term used to describe methods outside of court proceedings which you can use to help resolve your legal problem. These issues are often facilitated through mediation and arbitration with an accredited expert. However, parties are able to negotiate and agree to outcomes themselves.

Learn more about Alternative dispute resolution.

QCAT

In Queensland, a majority of self-represented issues are usually handled either in Queensland Civil and Administrative Tribunal (QCAT).

For minor civil disputes up to $25,000 in value, you can have your dispute heard by the Queensland Civil and Administrative Tribunal (QCAT).  

In addition to minor civil disputes, QCAT hears a wide range of disputes, such as:

• Neighbourly disputes such as fencing and trees
• Minor debt disputes valued up to $25,000
• Residential Building and Construction Disputes
• Body Corporate disputes
• Residential tenancy disputes
• Administrative decision-making from Queensland Government organisations, such as for Adults with impaired capacity
• Consumer and trader disputes relating to goods and services
• Discrimination complaints
• Motor Vehicle disputes
• Retail shop lease disputes,
• and more

Some important things to know about QCAT:

• Parties may be expected to represent themselves – if you want a solicitor to represent you, you may need to seek permission.
• QCAT is considered a ‘no-costs’ jurisdiction, meaning that if you engage a solicitor, you are not automatically entitled to their professional fees if your claim is successful.
• All parties are expected to represent themselves – if you want a solicitor to represent you, you may need to seek permission. QCAT will facilitate the parties in alternative dispute resolution to resolve matters before hearing.
• QCAT will announce its decision either at the final hearing or at a later date if it needs more time to consider a case after the hearing has finished.

More information about QCAT decisions, including appealing a decision, is available on the QCAT website.

Queensland Ombudsman

If your matter relates to a state government department, local council, or public authority, the Queensland Ombudsman may be able to investigate and help resolve the issue, under the Ombudsman Act 2001. 

They can investigate complaints about:

• a decision to refuse you a service or subsidy
• the way your application has been handled
• a decision to exclude you from a program or service
• how fees or charges have been levied in your circumstances
• the conduct of an officer towards you
• how a policy or procedure has been applied in your circumstances.

Their most common complaints are regarding: 

• Toll roads
• State schools
• Child Safety
• Exclusions from university or TAFE
• Infringement notices
• Local council rates and charges including water charges 
• Council liability for injury of damage to property 
• Police misconduct, operational and administrative errors

To learn more about the Queensland Ombudsman and what to expect if you make a complaint with them, you can visit their website. 

Representing yourself in court

If you are wanting to escalate your matter before the Courts, you don’t have to have a lawyer. You can represent yourself in any of Queensland’s courts as a self-represented litigant.

We recommend familiarising yourself with court procedures and etiquette. Read more about preparing for court here and also visit the Resources and tools for self-represented litigants page on the Queensland Courts website.

Queensland Courts also have a Self-Represented Litigants Service (SRLS) providing assistance and support to people representing themselves in civil cases in the Brisbane Supreme Court or Brisbane District Court.

The SRLS provides free, confidential and impartial assistance to all litigants.

To be eligible for assistance at any stage within a proceeding, you must:

• have no legal representation
• be bringing or defending a civil claim or originating application in the Brisbane Supreme Court or the Brisbane District Court
• be acting either as an individual or on behalf of a small corporation or community organisation.

The SRLS does not give legal advice. What they can do is:

• explain and answer questions about how the court operates
• explain basic legal concepts and terms
• give information about court rules, procedures and practices, court protocols and etiquette
• direct you to required forms and relevant legislation
• explain the mandatory requirements for completing forms and other court documents
• provide court lists and information about listing cases before the court
• refer you to agencies that provide legal advice.

To find out if you are eligible for the SRLS visit the dedicated webpage and book a meeting.

Reminder

We often receive requests from the general public including self-represented litigants, seeking legal advice for their matter.

As the peak representative body for Queensland solicitors, we do not provide legal advice. 

Instead, we support the members of the public by providing information about navigating the legal system and resources to help you understand your options for resolving your legal issues.