Legal Project Management Plan & Checklist
Purpose of this Guide: Specialised practitioner roadmap for defending an anti-discrimination complaint at tribunal after QHRC conciliation has failed. Designed for respondent defence counsel, insurance lawyers, and government solicitors, this guide covers the full defence process from receipt of the referral notification through to hearing, decision, and appeal. This plan integrates the current legislative landscape as of June 2026, including the indefinite pause of the Respect at Work and Other Matters Amendment Act 2024 (Qld) reforms, the mandatory WHS sexual harassment prevention plan (1 March 2025), and representation restrictions under s 43.
Jurisdiction: This guide applies to defence proceedings before the Queensland Civil and Administrative Tribunal (QCAT) under the QCAT Act 2009 (Qld) for non-work discrimination matters, or the Queensland Industrial Relations Commission (QIRC) for work-related discrimination matters.
Governing Legislation: Anti-Discrimination Act 1991 (Qld) - s 166 (referral to tribunal), s 209 (remedies), s 133 (vicarious liability and 'all reasonable steps' defence), s 138 (time-bar discretion). QCAT Act 2009 (Qld) - governing tribunal procedures, s 43 (legal representation restrictions requiring Form 56 leave application with s 43(3) factors, two photocopies, service within 7 days via Form 9 Affidavit of Service). QCAT is not strictly bound by the rules of evidence. Appeals must be lodged within 28 days (Form 39). An appeal does not automatically stay the decision; Form 44 is required for a stay application.
Key Defence Framework: The s 133 'all reasonable steps' defence is assessed against the ***Von Schoeler v Allen Taylor and Company Ltd (No 2) [2020] FCAFC 13*** standard, requiring evidence of active policy dissemination, interactive training, the mandatory WHS sexual harassment prevention plan (since 1 March 2025), and prompt, unbiased complaint response. Time-bar objections are governed by the ***Buderim Ginger Ltd v Booth [2002] QCA 177*** five-factor test. The direct discrimination test under s 10 retains the comparator-based 'less favourable treatment' standard (the proposed 'unfavourable treatment' test remains paused). Verify current guidelines on the official Queensland Legislation. Access services via the Queensland Courts.
Process at a Glance: Upon receipt of the referral notification, the respondent must file the Respondent's Contentions on Referral and apply for leave for legal representation in QCAT (Form 56 - self-representation is the default under s 43(1)). The respondent must compile the WHS compliance evidence package, prepare the comparator analysis for direct discrimination allegations, and assemble witness statements. The tribunal conducts a directions hearing, may schedule a compulsory conference, and proceeds to a substantive hearing. If the complaint is upheld, the tribunal may order compensation (no statutory cap), apologies, preventative orders, and corrective actions. Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Anti-Discrimination Complaint (Respondent) - Respondent QCAT/QIRC Defence matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
File the Respondent's Contentions on Referral, apply for leave for legal representation (QCAT Form 56 with s 43(3) factors, two photocopies, Form 9 service within 7 days), file time-bar jurisdictional objection if applicable, and attend the directions hearing.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The time-bar discretion is governed by s 138 of the Anti-Discrimination Act 1991 (Qld) and the five-factor test established in Buderim Ginger Ltd v Booth [2002] QCA 177.
The Respect at Work and Other Matters Amendment Act 2024 (Qld) proposed extending the limitation period to 24 months. This reform is paused indefinitely. The 12-month limit remains strictly in force.
Note: The QHRC's acceptance of the complaint does not preclude the tribunal from revisiting the time-bar issue on referral. The respondent may raise the objection afresh at the tribunal level.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Compile the complete evidentiary package for the tribunal, including WHS prevention plan, training records, policy dissemination evidence, complaint mechanism documentation, and comparator analysis.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Prepare witness statements, compile the documentary evidence bundle, and draft outline of submissions addressing all statutory defences including the Von Schoeler standard for s 133.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
The comparator-based direct discrimination test under s 10 of the Anti-Discrimination Act 1991 (Qld) requires 'less favourable treatment' compared to a person without the protected attribute in the same or materially similar circumstances.
The Respect at Work and Other Matters Amendment Act 2024 (Qld) proposed replacing this with an 'unfavourable treatment' test (eliminating the comparator requirement). This reform is paused indefinitely.
Key considerations for the comparator analysis:
Practitioners should prepare detailed comparator submissions as part of the defence case, identifying specific comparator individuals or constructing a hypothetical comparator with precision.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.