Legal Project Management Plan & Checklist
Use this fork when QHRC conciliation has failed and the complaint has been referred to QCAT (non-work matters) or QIRC (work-related matters) for formal adjudication. Open this fork immediately on receiving the referral notification - the Respondent's Contentions on Referral must be filed promptly, a Form 56 application for leave for legal representation in QCAT must be lodged with two photocopies and served within 7 days, and any time-bar jurisdictional objection must be raised at the outset.
Queensland, Australia. Non-work matters are adjudicated before the (QCAT) under the . Work-related matters are adjudicated before the (QIRC). In QCAT, self-representation is the default under s 43(1) and legal representation requires leave via Form 56.
The process begins with reviewing the Complainant's Contentions on Referral and noting all filing deadlines. If the complaint was filed outside the 12-month limitation period, a jurisdictional time-bar objection is filed immediately using the five Buderim Ginger factors. The Respondent's Contentions on Referral are drafted and filed, pleading all available statutory defences - no contravention, genuine occupational requirement, unjustifiable hardship, 'all reasonable steps' under s 133, religious body exemption, and time bar. Form 56 is filed in QCAT with submissions on the s 43(3) factors, emphasising the complexity of the statutory defence framework, the volume of WHS evidence, and the seriousness of remedies sought. The complete evidentiary package is compiled for the s 133 defence - WHS prevention plan, training records with content and attendance evidence, policy dissemination records, and complaint mechanism documentation. A comparator analysis is prepared for direct discrimination allegations under s 10. Witness statements and the documentary evidence bundle are prepared. The compulsory conference is attended with updated settlement authority. If unresolved, the respondent's case is presented at a substantive hearing. An adverse decision may be appealed within 28 days using Form 39 - an appeal does not automatically stay the decision and Form 44 is required for a stay.
Key legislation: Anti-Discrimination Act 1991 (QLD) - s 10 (direct discrimination, comparator-based 'less favourable treatment' test, current law - proposed 'unfavourable treatment' test remains paused), s 133 (vicarious liability - 'all reasonable steps' defence), s 138 (time-bar and Buderim Ginger factors), s 166 (referral to tribunal), s 209 (remedies, no statutory cap on compensation). QCAT Act 2009 (QLD) - s 43 (legal representation restrictions, Form 56 with s 43(3) factor submissions, two photocopies, service within 7 days via Form 9 Affidavit of Service), s 100 (bear own costs default), s 102 (costs in interests of justice). QCAT is not strictly bound by the rules of evidence. QCAT Form 39 (appeal within 28 days), Form 44 (stay application). Work Health and Safety Regulation 2011 (QLD) - mandatory written sexual harassment prevention plan (since 1 March 2025, evidentiary core of s 133 defence). Key cases: Von Schoeler v Allen Taylor and Company Ltd (No 2) [2020] FCAFC 13 (s 133 standard - proactive preventative measures required before the conduct occurs, active policy dissemination, interactive training with meaningful delivery); Buderim Ginger Ltd v Booth [2002] QCA 177 (five-factor time-bar test); Loquias v The Star Entertainment Group [2026] QIRC 023 (generic online training inadequate, prior unaddressed complaint fatal to s 133 defence); CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (vicarious liability requires substantive connection between employment duties and the tortious conduct). Compensation ranges: \,000 (minor) to \,000+ (Golding v Sippel [2021] ICQ 14, serious sexual harassment).
* 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 (Respondent) - Respondent QCAT/QIRC Defence 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.
File the Respondent's Contentions on Referral, apply for leave for legal representation (QCAT Form 56 with s 43(3) factors, two photocopies, Form 9 service within 7 days), file time-bar jurisdictional objection if applicable, and attend the directions hearing.
Compile the complete evidentiary package for the tribunal, including WHS prevention plan, training records, policy dissemination evidence, complaint mechanism documentation, and comparator analysis.
Prepare witness statements, compile the documentary evidence bundle, and draft outline of submissions addressing all statutory defences including the Von Schoeler standard for s 133.
Attend the tribunal compulsory conference with settlement authority and attempt to negotiate a resolution. Assess costs risk under s 100 and s 102 QCAT Act 2009.
Present the respondent's defence case at the substantive hearing and obtain the tribunal's decision. Advise on appeal rights if decision is adverse (Form 39 within 28 days, Form 44 for stay). Monitor compliance with any tribunal orders.
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