Part 4 The Magistrates Court and tenancy law

 
Applications in the Magistrates Court
4.1 Applications in the Magistrates Court

If a tenant has applied for a Protection Order or a variation to a Domestic Violence Order (DVO) and there is a tenancy application on foot in QCAT, it may be possible for the applicant to have both matters heard in the Magistrates Court at the same time. The authority for making this application is set out under section 139 of the Domestic and Family Violence Protection Act 2012 (Qld) (the ‘DFVPA’), using the following legislative provisions:

 

  • s245 as a domestic associate to be recognised as a tenant or co-tenant instead of the perpetrator and to prevent a database listing. Ideally, there would also be a request for an ‘ouster order‘ under s63 of the DFVPA; 
  • s321 as a domestic associate to terminate the tenancy due to damage or injury by the tenant; or
  • s323 as a domestic associate of the tenant or occupant of the premises for an interim order restraining the tenant from causing further damage or injury.

The above applications can be made by attaching a QCAT Form 2 application to the Form DVO1 and lodging both applications at the local Magistrates Court. If an applicant has already applied to QCAT for a residential tenancy hearing, the applicant can make a note of this on the Magistrates Court Form DVO1, and request to have the tenancy matter transferred from QCAT to the Magistrates Court: both matters may be heard at the same time within the one hearing at the Magistrates Court. Applicants may need to speak to their staff in the registry office to work out the preferred process used in their local registry.

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Adjournments
4.2 Adjournments

Parties are required to appear in court unless ordered otherwise. If the date set by the court needs to change  for any reason, an application can be made for an adjournment. If the application for an adjournment is refused and the tenant fails to appear on the set date, the magistrate may make an order in the tenants absence.

To apply for an adjournment contact the magistrate’s court and apply in writing at least three business days before the hearing date set by the court – courthouse.brisbane@justice.qld.gov.au (Brisbane) Provide details  of the reasons for seeking an adjournment, proposed new date/s and attach any supporting documentation if possible. For other courthouse information visit www.courts.qld.gov.au.


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Magistrate Court forms
4.3 Magistrate Court forms