Brennan v Queensland Building and Construction Commission

In the matter of Brennan v Queensland Building and Construction Commission, the respondent made a decision regarding the issuance of a scope of works to the applicant. The applicant sought to review this decision under the Administrative Appeals Tribunal Act 1975. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining whether the application to review was filed within the 28-day limitation period.

The primary legal issue before the Tribunal was whether the date of filing the application to review was the date the application was stamped and the seal was applied by the Tribunal, or the date the application was emailed to the Tribunal by the applicant. The applicant emailed the application to review on the 28th day, and the Tribunal processed the application, applying its stamp and seal the day after it was received.

The Tribunal held that the date of filing an application to review was the date on which it was received by the Tribunal, not the date when the Tribunal applied its stamp and seal. Consequently, the application to review was not filed within the 28-day limitation period. The application was therefore dismissed.

The Tribunal dismissed the application to review the decision filed on 23 August 2022.