McFarlane v Department of Transport and Main Roads
[2014] QCAT 440
•21 March 2014
| CITATION: | McFarlane v Department of Transport and Main Roads [2014] QCAT 440 |
| PARTIES: | Wendy McFarlane (Applicant) |
| v | |
| Department of Transport and Main Roads (Respondent) |
| APPLICATION NUMBER: | MCDT353-14 |
| MATTER TYPE: | Residential tenancy matters |
| HEARING DATE: | 21 March 2014 |
| HEARD AT: | Brisbane |
| DECISION OF: | Mr Gunn, Justice of the Peace (Presiding) Ms Stubbings, Justice of the Peace |
| DELIVERED ON: | 21 March 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application is refused. 2. The tribunal directs that: Both the applicant and respondent are to file and serve all documents they intend to rely upon by Monday 24 March 2014 at 4.00pm. |
| CATCHWORDS: | MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY – Natural justice objects of QCAT – section 4(c) requirement that proceedings be conducted in an informal way to minimise cost to the parties – section 28(3)(a) and section 28(3)(c) – right to apprehend case one faces |
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
This is an application seeking “1. That ALL evidence be made available to the respondent at the hearing” and 2. “Request to produce document.”
It comes before the tribunal on the papers and doing the best we can to discern the meaning of the application as it is written, it is our decision to order as follows.
This application is refused, and a direction is made for parties to file and serve material prior to the hearing is to ensure that each party gives adequate notice of material upon which they seek to rely prior to the hearing.
This is to ensure that natural justice is afforded at the hearing as is required by section 28(3)(a) by allowing parties to have advance notice of the case they must meet at the hearing so that they might prepare their case. As we apprehend it, the applicant seeks to wait until the hearing to produce material. We do not consider that this complies with the Act, as it does not afford natural justice to the respondent.
To wait until the date of hearing to produce “ALL” of the evidence would offend one of the two fundamental principles of natural justice namely the right to know the case one faces. In addition to fail to produce material in advance risks elongating the hearing process which in itself is inconsistent with the QCAT Act which requires that proceedings are accessible, fair, just, economical, informal and quick.
Further section 4(c) requires that proceedings be conducted in an informal way to minimise cost to the parties, and is a quick as is consistent with achieving justice.
Finally and crucially, section 28(3)(e) provides that the tribunal must ensure so far is as practicable that all relevant material is disclosed to enable the tribunal to decide the proceedings with all the relevant facts.
ORDER
a) The application is refused
b) The tribunal directs that: Both the applicant and respondent are to file and serve all documents they intend to rely upon by Monday 24 March 2014 at 4.00pm.
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