› Strike out of application for leave to appeal – abuse of process – failure to identify question of law
Administrative Law
› Queensland Civil and Administrative Tribunal
› Appeal to Court of Appeal from QCAT Appeal Tribunal – s 150 QCAT Act – question of law only – leave required
Civil Procedure
› Self-represented litigants
› Obligation to comply with r 747 UCPR and Practice Direction 3 of 2013 – reliance on Registry communications
Animals
› Dangerous dog declarations
› Merits review by QCAT – internal review reasons – alleged fraud and lack of delegation
Quick Take
1Under s 150 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), an appeal from the QCAT Appeal Tribunal lies only on a question of law and with leave. An application for leave must succinctly identify the specific questions of law said to arise from the Appeal Tribunal's decision itself, as required by r 747 UCPR and Practice Direction 3 of 2013. Bare assertions that the decision was contrary to the Act, affected by fraud or ignored evidence of misconduct do not suffice.
2Allegations of fraud, fabricated evidence, or lack of a decision-maker's delegation generally involve mixed questions of fact and law requiring factual inquiry. Complaints about the original administrative decision-making or the conduct of the first-instance QCAT hearing do not, of themselves, disclose an error of law in the Appeal Tribunal's decision. That is particularly so where the matters were not raised before the Appeal Tribunal.
3Although the strike-out power is exercised with caution and only in the clearest cases, an application for leave may be struck out as an abuse of process where, on the most generous reading of the applicant's material, no arguable error of law emerges. In those circumstances leave to reformulate the grounds may be refused. A self-represented litigant's reliance on Registry communications does not relieve them of the obligation to comply with the rules.
