Campaigntrack Victoria Pty Ltd v The Chief Executive, Department of Justice and Attorney-General

Campaigntrack Victoria Pty Ltd filed a claim against the claim fund established under the Property Agents and Motor Dealers Act 2000. The claim was lodged beyond the 14-day statutory period, prompting an application to extend the time for filing the claim. The application was made to the Queensland Civil and Administrative Tribunal. The central legal issues before the Tribunal were whether it had the authority to extend the time for filing an application to extend time under the Property Agents and Motor Dealers Act 2000, whether it could join additional respondents, and whether the Chief Executive of the Department of Justice and Attorney-General was a proper respondent in an application to extend time. Furthermore, the court had to determine if the claim was brought within the statutory time under the Property Agents and Motor Dealers Act 2000.

The Tribunal, exercising its discretion under section 61 of the Queensland Civil and Administrative Tribunal Act 2009, found that it had the power to extend the time for filing an application to extend time. It also ruled that it could join additional respondents in the application. Regarding the proper respondent, the Tribunal concluded that the Chief Executive of the Department of Justice and Attorney-General was not the appropriate respondent for an application to extend time. Instead, the claim should be referred back to the Chief Executive for the purposes of sections 474 to 477 of the Property Agents and Motor Dealers Act 2000. Consequently, the claim against the Claim Fund lodged on 22 December 2011 was deemed to be out of time and was referred back to the Chief Executive for further consideration.

In light of these findings, the Tribunal extended the time for Campaigntrack Victoria Pty Ltd to file the application to 15 October 2012. Additionally, it ordered that Galacoast Pty Ltd (Externally Administered) and Mr Gary William Gannon be added as respondents to the application. Finally, the Tribunal directed that the claim against the Claim Fund be referred back to the Chief Executive of the Department of Justice and Attorney-General for the purposes of sections 474 to 477 of the Property Agents and Motor Dealers Act 2000.