QCAT Form 6: how to request a decision by default on a minor debt claim

QCAT Form 6 is the Request for decision by default – minor civil dispute – minor debt. If you lodged a minor debt claim, served it, and 28 days have passed with no response, Form 6 asks QCAT to decide the claim in your favour on the papers. There is no mediation and no hearing. You need proof of service, a sworn statement of what is still owed, and the amounts you are claiming.

For the forms, fees and each step, see our guide to making an QCAT application.

This is general information, not legal advice. For the claim form itself, see QCAT Form 3.

When you can ask for a decision by default

Form 6’s instructions say you can only make a request if:

• “no response has been filed within 28 days of service of your application on the respondent”; and
• “your claim is for a fixed amount of money.”

Count the 28 days from the day the respondent was served, not the day you lodged. The respondent’s way of answering is Form 7; if one has been filed, a default decision is not available and the claim goes to mediation or a hearing.

The form says you cannot get a decision by default if any part of your application is for restitution, a declaration that a term of a contract is of no effect, avoidance of a policy of insurance under the statutory insurance scheme, or an order to rectify or complete defective or incomplete work.

Form 6 is for minor debt claims. Other QCAT matters use different forms (Form 37, or Form 50 for unliquidated damages), and the form says not to use it “if you are applying for an electronic decision by default.”

What a default decision gives you

QCAT describes it this way: “A decision by default means a decision on your case will be made by QCAT from the paperwork received. You will not be required to attend mediation or a hearing.”

Under section 50 of the QCAT Act, the decision is limited to the amount claimed in your application, interest at the rate the tribunal considers appropriate, and the costs the rules allow in a minor civil dispute. The principal registrar may make the decision, and it is taken to be a final decision of the tribunal. The Act also says you “must prove the respondent has been given a copy of the application before a decision by default may be made.”

What you must provide

The form lists three things:

• “affidavit evidence that the application has been served on the respondent”;
• “evidence that the respondent has not responded to the application within the time frame allowed”;
• “details of the amount claimed in default and that there is an amount outstanding.”

Attach your supporting documents if you did not file them with Form 3. If the agreement was verbal, the form says “you will need to file an affidavit providing evidence of this agreement”, unless you have already filed one.

How to fill in Form 6, part by part

1. Part A, application and matter details. The applicant and respondent exactly as named on Form 3, the QCAT case number, and the registry or Magistrates Court where the original application was made.
2. Part B, affidavit of service. Tick one box. If a Form 9 affidavit of service has already been filed, tick that and go to Part C. Otherwise complete Part B itself: who served, on what date and at what time, who was served, what document, and how. The form notes that “personal service is required for minor civil dispute – minor debt applications”. There are separate sections for service on an individual, service on a company, and other service, plus a box for interstate service and the SEPA notice.
3. Part C, affidavit of debt. This part must be completed. You state the amount the application is for, that you have not received a response, and either that the respondent has paid nothing or the part payments received, with dates. Then the amount that remains owing. There are separate paragraphs for a solicitor, agent or director swearing on behalf of the applicant.
4. Part D, what you seek. The amount owing as stated in Part C and the date it became due; interest, at the rate you agreed with the respondent (attach the agreement) or as determined by the tribunal; then the filing fee, any bailiff or process server’s fee and any ASIC search fee. Add them for the total amount of your claim.
5. Checklist. Confirm the relevant parts are complete and the documents are attached.
6. Swear or affirm it. Form 6 is an affidavit. Sign it in front of a Commissioner for Declarations, a solicitor or a Justice of the Peace, who also signs. Do not sign beforehand. The foot of each affidavit page has a place for both signatures.

Check the figures before you swear them. Knowingly giving the registry false or misleading information is an offence under section 216 of the QCAT Act, and Part C asks you to swear to what has and has not been paid.

Where to file it

The form says it “MUST be filed at the registry where your original application was filed”: the QCAT registry in Brisbane (Floor 11, 259 Queen Street, or GPO Box 1639, Brisbane Qld 4001) or the Magistrates Court where you lodged Form 3. No extra copies are needed. Keep a copy for yourself.

What the respondent can still do

A default decision is enforceable, but it is not always the end. The respondent can apply on Form 55 to have it set aside or amended, explaining why no response was filed and what the response would have been. If QCAT sets it aside, your original application is listed for mediation or a hearing. This is one reason to serve properly and keep exact proof of service.

Getting paid after a default decision

QCAT does not collect the money for you. A minor civil dispute order is enforced through the Magistrates Court: you file a copy of the order with an affidavit confirming the amount not paid. QCAT says it is free to file, the decision is then treated as an order of the court, and you have six years to enforce it.

Before going to court, you can send the debtor a copy of the order with a final date to pay. Claim Done’s Enforce a Tribunal Order ($97) is a final demand letter that refers to the order and names the enforcement steps that follow, with a guide to filing the order with the court. You approve the letter before it is sent, and you take the court steps yourself.

Start your final demand on the order

Frequently asked questions

What is QCAT Form 6?

Form 6 is the Request for decision by default – minor civil dispute – minor debt. An applicant uses it when the respondent to a minor debt claim has not filed a response within 28 days of being served.

When can I apply for a default decision at QCAT?

When no response has been filed within 28 days of service of your application on the respondent, and your claim is for a fixed amount of money.

Do I have to go to a hearing for a default decision?

No. QCAT says a decision by default is made from the paperwork received, and you will not be required to attend mediation or a hearing.

Do I need Form 9 as well as Form 6?

You need sworn proof of service. That is either a Form 9 affidavit of service already filed, or Part B of Form 6 completed and sworn.

Who can witness Form 6?

The signature block lists a Commissioner for Declarations, a solicitor or a Justice of the Peace. Sign in front of the witness.

Where do I file Form 6?

At the registry where the original application was filed: QCAT in Brisbane or the Magistrates Court where you lodged. No extra copies are needed.

Can a default decision be overturned?

The respondent can apply on Form 55 to have it set aside or amended. If it is set aside, the original application is listed for mediation or a hearing.

General information about QCAT’s forms and rules, checked against QCAT’s website, Form 6 and the QCAT Act in November 2026. It is not legal advice.