White v Ideal Concreting and Landscapes ABN 75 165 352 250 [2022] QCAT 310

Date: 22 August 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Lee
Human Rights Act 2019 (Qld) Sections: s 31
Rights Considered: Right to a fair hearing
Other Legislation: Civil Proceedings Act 2011 (Qld) s 58; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 28(3)(a), 32, 40, 42, 50, 64; Uniform Civil Proceeding Rules 1999 (Qld) sch 1
Keywords: Civil Procedure

The Tribunal discussed the right to fair hearing within the context of an application to amend a default decision to add another party.

The case concerned, inter alia, an application to amend a default decision to add another party. One relevant consideration was prejudice against the party to be added.

The Tribunal noted that the right to a fair hearing is fundamental to any administration of justice according to law in the State of Queensland, including at the Tribunal: at [36].

Prior orders of the Tribunal notwithstanding, it had not been proven to the applicable standard that anything relevant has come to specific attention of the party to be added, with the Tribunal noting that ex parte applications have significantly higher duties on the applicant regarding evidence and submissions both for and against the making of the decision, and of which very little had been seen to be discharged: at [37].

Similar concerns had been expressed in comparable circumstances by the Tribunal on multiple occasions both before and after the passing of the Human Rights Act 2019: at [38]. The application was found to fundamentally flawed on multiple grounds and dismissed: at [49].

Visit the judgment: White v Ideal Concreting and Landscapes ABN 75 165 352 250 [2022] QCAT 310