How to Defend a Debt Claim in QCAT You Don’t Owe

A debt claim filed against you in the Queensland Civil and Administrative Tribunal (QCAT) does not mean you owe the money. The claimant might have the wrong amount, the debt might already be paid, or the claim might be statute-barred. If you don’t respond, QCAT can make an order against you by default—even if the claim is completely wrong.

This guide walks through how to file a response, what evidence you need, and the defences available when defending a debt claim in QCAT.

Check the filing deadline

QCAT sends you an Application and directions notice when a claim is filed. The notice states the deadline to file your response—typically 28 days from the date the application was served.

If you miss the deadline, QCAT may make a decision without hearing your side. You can apply for an extension, but you must do it before the deadline passes and explain why you need more time.

Count from the date you were served, not the date the application was filed. If served by post, add three business days to the postmark date.

File a response disputing the claim

To defend the claim, file a Response to minor civil dispute form (Form 3) with QCAT. This form is available on the QCAT website or at any QCAT registry.

The response form asks you to:

• Confirm whether you dispute all or part of the claim
• State the reasons you dispute it
• List any counterclaim you want to make
• Identify the evidence you will rely on

File the response online through the QCAT portal or in person at a registry. There is no filing fee for a response. Once filed, QCAT sends a copy to the claimant and schedules a hearing or compulsory conference.

Common defences to a debt claim

When you dispute a debt claim in QCAT, you are not required to prove the claimant is lying—you only need to raise a genuine dispute. The claimant carries the burden of proving you owe the money.

The debt is already paid

If you paid the debt in full or in part, attach proof of payment to your response. Bank statements, receipts, or email confirmations showing the payment are the strongest evidence.

If the claimant is chasing a debt you settled years ago, include the settlement agreement or correspondence confirming the payment.

The amount is wrong

The claimant might be claiming an inflated amount, adding fees you never agreed to, or double-counting payments. In your response, set out the correct amount (if any) and explain the calculation error.

Attach invoices, contracts, or account statements that show the true amount owed.

The debt is statute-barred

In Queensland, most debt claims must be started within six years from the date the debt became due. If the claimant waited too long, the claim is statute-barred and cannot proceed.

The limitation period runs from the date of the last payment, the last written acknowledgment of the debt, or the date the debt was due under the contract—whichever is latest.

If the debt is older than six years and you have not made a payment or acknowledged it in writing during that time, raise this defence in your response. QCAT will typically dismiss the claim if the limitation period has expired.

Do not make a payment or sign anything acknowledging the debt if you believe it is statute-barred. Any payment or written acknowledgment restarts the six-year clock.

No contract or agreement existed

If the claimant is alleging you owe money under a contract you never signed, never agreed to, or that was void from the start, state this in your response.

For example, if a tradie is claiming payment for work you never commissioned, or a supplier is chasing an invoice for goods you never ordered, the claim fails because there was no agreement.

The goods or services were defective

If you withheld payment because the goods were faulty or the services were not completed to the agreed standard, this is a valid defence under the Australian Consumer Law.

You are entitled to a refund, replacement, or price reduction if the goods or services failed to meet a consumer guarantee. In your response, explain what was defective and attach photos, quotes for rectification work, or expert reports if available.

You are not the debtor

Sometimes a claimant files against the wrong person—wrong name, wrong ABN, or a debt owed by a company being pursued against an individual director.

If the debt is owed by a company and you are being sued personally, check whether you gave a personal guarantee. If not, the claim is against the wrong party.

What evidence to attach to your response

QCAT is an evidence-based tribunal. The member hearing your case will decide based on the documents and testimony provided. Attach the following to your response where relevant:

• Bank statements showing payments made
• Receipts or tax invoices proving what was paid and when
• Emails or letters between you and the claimant discussing the debt
• Contracts or quotes showing the agreed price or terms
• Photos of defective goods or incomplete work
• Statutory declarations from witnesses who can confirm your version of events
• Timeline or chronology setting out key dates (useful for statute-barred defences)

Do not wait until the hearing to produce evidence. Attach it to your response or file it separately before the hearing date. QCAT may refuse to accept evidence produced late without a reasonable excuse.

What happens after you file your response

Once QCAT receives your response, the tribunal will either schedule a compulsory conference to see if the parties can settle, or list the matter for a hearing where a member makes a binding decision.

Most QCAT debt matters are resolved at the compulsory conference. If you can show the debt is wrong, already paid, or statute-barred, the claimant may withdraw the application or agree to a reduced amount.

If the matter proceeds to a hearing, both parties give evidence and the QCAT member decides whether the debt is owed. The decision is legally binding. If you win, the application is dismissed. If you lose, QCAT makes an order requiring you to pay the amount claimed, and the claimant can enforce it through the courts.

If you don’t attend the hearing

If you file a response but do not attend the hearing, QCAT may make a decision based on the claimant’s evidence alone.

If you cannot attend the hearing, apply to QCAT to adjourn it to a later date. You must have a reasonable excuse (medical emergency, work commitment that cannot be rescheduled) and file the adjournment application as soon as possible.

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Final step: file and serve your response

Once your response is complete, file it with QCAT online or at a registry before the deadline. QCAT will serve a copy on the claimant automatically if you file online.

If you file in person, you must also serve a copy on the claimant yourself—by email, post, or in person. Keep proof of service (email receipt, Australia Post tracking, signed acknowledgment).

Do not ignore a QCAT debt claim. If the debt is wrong, already paid, or statute-barred, file a response and force the claimant to prove their case.

Frequently Asked Questions

What happens if I don't file a response to a QCAT debt claim?

QCAT can make a default order against you without hearing your side. The claimant can then enforce the order through the courts, including garnishing your wages or bank account. Always file a response if you dispute the claim.

Can I defend a QCAT debt claim if I already made a partial payment?

Yes. If you made a partial payment but still dispute the remaining amount, state this in your response and attach proof of the payment. You can dispute the balance while acknowledging what you have already paid.

How do I prove a debt is statute-barred in QCAT?

Show that more than six years have passed since the debt was due and that you have not made a payment or signed anything acknowledging the debt during that time. Attach a timeline and any correspondence showing the last contact date.

Do I need a lawyer to defend a debt claim in QCAT?

No. QCAT is designed for self-represented parties. You can file your own response and represent yourself at the hearing. For complex matters or high-value claims, consider getting legal advice.

Can I make a counterclaim in my QCAT response?

Yes. If the claimant owes you money or caused you loss, you can include a counterclaim in your response. QCAT will hear both the claim and counterclaim together.