Legal Project Management Plan & Checklist
Use this fork when QHRC conciliation has failed and the Notice of Unconciliated Complaint has been issued. The complainant has a strict 28-day window to request the Commissioner to refer the matter to QCAT (non-work matters) or QIRC (work-related matters) for adjudication. Missing this deadline may cause the complaint to lapse entirely - open this fork immediately on receipt of the Notice.
Queensland, Australia. Non-work discrimination matters are adjudicated by the Queensland Civil and Administrative Tribunal (QCAT) and work-related matters by the (QIRC). There are no filing fees in the QCAT Human Rights Division.
The process begins with lodging a written referral request to the Commissioner within 28 days of the Notice of Unconciliated Complaint. The Complainant's Contentions on Referral are drafted and filed, setting out the factual allegations, the contraventions, the protected attribute, the type of discrimination, and the remedies sought. An application for leave for legal representation is filed in QCAT using Form 56 (self-representation is the default under s 43(1) QCAT Act 2009). A directions hearing is attended and procedural orders are received. Witness statements and documentary evidence (including comparator evidence for direct discrimination claims) are prepared. The matter is listed for a compulsory conference and then, if unresolved, for a substantive hearing. QCAT is not strictly bound by the rules of evidence. The tribunal may order compensation (no statutory cap), formal apology, preventative orders, and corrective actions. An appeal must be lodged within 28 days using Form 39 and does not automatically stay the decision - Form 44 is required for a stay application.
Key legislation: Anti-Discrimination Act 1991 (QLD) - s 166 (referral to tribunal, written request within 28 days of Notice of Unconciliated Complaint), s 209 (remedies: compensation with no statutory cap, apology, preventative orders, corrective actions). QCAT Act 2009 (QLD) - s 43 (legal representation restrictions - self-representation is default, Form 56 leave application required with s 43(3) factor submissions, two photocopies required, service on all parties within 7 days via Form 9 Affidavit of Service), s 100 (bear your own costs by default), s 102 (costs may be awarded in the interests of justice where a party has acted unreasonably). No filing fees in QCAT Human Rights Division. QCAT Form 39 (appeal within 28 days), Form 44 (stay of decision pending appeal). Compensation ranges: \,000 to \,000+ (Green v State of Queensland [2017] QCAT 008) to \,000+ (Golding v Sippel [2021] ICQ 14). The Richardson v Oracle Corporation Australia [2014] FCAFC 82 (Full Federal Court) has influenced upward movement in state tribunal awards.
* 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) - Referral to QCAT for Adjudication 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 L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Request the Commissioner to refer the unconciliated complaint to QCAT or QIRC within the strict 28-day deadline, and file the Complainant's Contentions on Referral.
Draft and file the Complainant's Contentions on Referral, review the Respondent's Contentions, and attend the directions hearing to receive procedural orders.
Attend the tribunal compulsory conference and attempt to negotiate a resolution before proceeding to hearing.
Prepare the trial bundle, obtain leave for legal representation if required, present the complainant's case at hearing, and obtain the tribunal's decision on liability and remedy.
Review the tribunal decision, advise on appeal rights (28 days, Form 39), and enforce any orders for compensation or corrective action.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.