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

The Court of Appeal was asked to review the decision of the Queensland Civil and Administrative Tribunal (QCAT) in the matter of Chief Executive, Department of Justice and Attorney-General v Campaigntrack Victoria Pty Ltd. The appeal concerned the interpretation of statutory provisions related to the extension of time for claims under the Property Agents & Motor Dealers Act 2000 (Qld). The central issue was whether a statutory time limit for an application to extend the time to claim from a claim fund was substantive or procedural and whether the Queensland Civil and Administrative Tribunal Act 2009 (Qld) could be used to extend such time beyond the statutory limit.

The Court examined the relevant sections of the Property Agents & Motor Dealers Act 2000 (Qld) and the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The Court concluded that the 14-day period within which an application to extend time must be made was a substantive requirement, not a procedural one. This interpretation was based on the language of the statute and the purpose of the time limit, which was to ensure the prompt resolution of claims. The Court found that the Queensland Civil and Administrative Tribunal Act 2009 (Qld) could not be used to extend the time beyond the statutory limit because doing so would effectively allow the Tribunal to alter a substantive requirement of the Property Agents & Motor Dealers Act 2000 (Qld). The Court also determined that the 14-day period was not a procedural requirement that could be modified under the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

The Court of Appeal allowed the appeal, set aside the Tribunal’s orders, and substituted a new decision. The Court held that the application of Campaigntrack Victoria Pty Ltd to extend the time to claim was out of time and therefore dismissed the application.