Bentley v LJ Hooker & Garfield Catherine Superannuation fund

[2016] QCAT 329

CITATION: Bentley v LJ Hooker & Garfield Catherine Superannuation fund [2016] QCAT 329

PARTIES:	Susan Bentley (Applicant)
v
LJ Hooker & Garfield Catherine Superannuation Fund (Respondent)

APPLICATION NUMBER: MCDO1527-16

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: 5 August 2016

HEARD AT: On the Papers

DECISION OF: Adjudicator Bertelsen

DELIVERED ON: 5 August 2016

DELIVERED AT: Brisbane

ORDERS MADE:

1.    Application for request to transfer to Wynnum is refused.

2.    Respondent has leave to attend hearing by telephone if necessary.

CATCHWORDS: Venue of convenience – consideration of all circumstances in determining hearing venue

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. There is no reason why the application cannot be heard at Brisbane.

2. The application has been filed at Brisbane to be heard by the Justice of the Peace panel (JP’s) sitting in Brisbane.  No party is prejudiced by telephone attendance.  Facilities are available in Brisbane for all parties to attend by telephone if necessary.

3. Chorus call facilities are not available at Wynnum i.e. only one party can attend by telephone at a time at that courthouse. JP’s attend at Brisbane on a regular basis.  Here the Respondent LJ Hooker is close at hand.

4. The Tribunal notes that subsequently the addition of Garfield Catherine Superannuation Fund as a Respondent (based in Western Australia) only adds credence to the decision for the venue to remain as Brisbane.