Applications can be withdrawn for a number of reasons, for example the matter was successfully resolved at mediation and there is no need for a final hearing. An application can be withdrawn at any time prior to the final hearing and determination of the application.
For most matters the Tribunal’s leave is not required to withdraw an application or referral. However, some legislation requires an applicant to seek leave to withdraw an application or referral before it is withdrawn.
For example:
- Child Protection Act 1999
- Disability Services Act 2006 section 178(9)
- Guardianship and Administration Act 2000
- Powers of Attorney Act 1998.
Leave may also be required under other legislation, such as where there is a disciplinary referral.
To apply for leave to withdraw or to lodge a notice of withdrawal you can use our online application or download Form 58 – Application for leave to withdraw an application or referral / Notice of withdrawal of application or referral.
If you withdraw your QCAT application or referral you cannot apply again or request a further referral about the same facts or circumstances without the Tribunal’s leave.
This form will only withdraw your application, it will not affect any counter-applications made against you in the proceeding.
*Disclaimer – The above information was taken from the Court website as accurate in November 2021. If any changes are made by the court from that date they may not be reflected in this post.