Legal Project Management Plan & Checklist
Urgent orders protecting a discrimination complainant in Queensland before referral: applying to QCAT or the QIRC under Anti-Discrimination Act s 144.
Can I stop a respondent acting before my discrimination complaint is decided?: Yes. At any time before the complaint is referred to the tribunal, the complainant or the Commissioner may apply to the tribunal for an order prohibiting a person from doing an act that might prejudice the investigation or conciliation of the complaint, or an order the tribunal might make after a hearing (Anti-Discrimination Act 1991 (Qld) s 144(1)). After referral, s 190 gives the complainant a similar right in the tribunal.
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Can the application be heard without the respondent?: Yes, if the tribunal is satisfied it is in the interests of justice (s 144(3)). A party or the Commissioner may later apply to vary or revoke the order (s 144(2)).
Jurisdiction: Queensland. Applications go to the Queensland Civil and Administrative Tribunal for non-work matters or the Queensland Industrial Relations Commission for work-related matters; each has the function of making orders under s 144 before complaints are referred to it (Anti-Discrimination Act 1991 ss 174A and 174B).
The Process at a Glance: Confirm that a complaint has been or is being made to the Queensland Human Rights Commission, and identify the imminent act, such as termination, eviction, suspension or refusal of a service, that might prejudice the complaint or the order the tribunal might make. Prepare the application in the tribunal's approved form with a sworn affidavit setting out the threatened act, its likely effect on the complaint and the order sought, and why the matter is urgent. Ask for the application to be heard urgently and, if justified, without the respondent. If the order is made, serve it on the respondent at once, monitor compliance and continue the complaint.
Key Legislation: Anti-Discrimination Act 1991 (QLD) - s 144 (orders protecting the complainant's interests before referral, including variation and hearing without the respondent), ss 174A-174B (functions of QCAT and the QIRC), s 190 (interim orders after referral). QCAT Act 2009 (QLD) - governing tribunal procedures.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Anti-Discrimination Complaint (Complainant) - Interim Injunction to Maintain Status Quo matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Employment Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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Compile urgent evidence of imminent harm, draft the interim order application under s 144 and supporting affidavit, and file with the tribunal registry.
Attend the urgent tribunal hearing, prove the application meets the test for interim relief, and obtain a sealed interim order preserving the status quo.
Serve the sealed order on the respondent, monitor compliance, and prepare for the substantive complaint proceedings.
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