Campaigntrack Victoria Pty Ltd v The Chief Executive, Department of Justice and Attorney-General & Ors

[2016] QCA 37

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Powers
5. › Extension of time
6. › Whether QCAT has power under s 61 of QCAT Act to extend time limit fixed by enabling Act
7. › Whether time limit procedural or substantive
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 61
1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Modifying provisions
5. › Inconsistency between enabling Act and QCAT Act
6. › Whether time limit in enabling Act inconsistent with s 61 extension power
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 7, 61
1. Practice and Procedure
2. › Inferior courts and tribunals
3. › Extension of time
4. › Claim against statutory fund
5. › Whether 14-day period to apply for extension of time is procedural requirement capable of extension
6. › Property Agents and Motor Dealers Act 2000 (Qld), ss 473(5)(b), 511

Quick Take

Section 61 of the QCAT Act empowers QCAT to extend time limits fixed by enabling Acts unless the enabling Act expressly or by necessary intendment precludes extension. A time limit in an enabling Act that uses permissive language ('may apply') without express prohibition on late applications is procedural and capable of extension under s 61. The mere existence of a time limit in an enabling Act does not create an inconsistency with s 61 sufficient to engage s 7(2) of the QCAT Act.