Atherton v Cremin & Anor [2016] QCAT 138

CITATION: Atherton v Cremin & Anor [2016] QCAT 138 PARTIES: Jon Atherton (Applicant) v Francis Cremin Ms Maria Cremin (Respondent) APPLICATION NUMBER: MCDT555-16 MATTER TYPE: Residential tenancy matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Adjudicator Bertelsen DELIVERED ON: 14 June 2016 DELIVERED AT: Brisbane ORDERS MADE: 1. Application for the Respondents to be represented is refused. CATCHWORDS: Application for representation – adequate reasons for representation – phone attendance as a viable option – inadequate reasons given for declining phone attendance APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act). REASONS FOR DECISION [1] On 29 February 2016, Mr Atherton made application to the Tribunal with respect to post-tenancy issues, the former tenancy of premises 14 Royal Avenue, Spring Hill, Brisbane. [2] On 13 May 2016, Francis Cremin and Ms Maria Cremin filed a counter- application in the Tribunal arising out of the same tenancy. [3] By application filed 22 April 2016, Francis Cremin made an application to the Tribunal to be represented by his daughter Geraldine Cremin. He stated he was unable to travel to Brisbane for personal reasons, and that for the -- 1 of 2 -- 2 same reasons he could not take part in a teleconference or similar. Nothing further was proffered to the Tribunal. [4] Simply citing personal reasons for being both unable to attend the hearing personally or by phone is insufficient to ground an application for representation, legal or non-legal. [5] It is still the case that Francis Cremin may apply to the Tribunal for attendance at the Tribunal’s hearing on 21 June 2016 by telephone. Geraldine Cremin may appear as a McKenzie Friend at the hearing on 21 June 2016. -- 2 of 2 --