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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My dog has been attacked and mauled by our neighbourhood's

Customer Question

Hello,
My dog has been attacked and mauled by our neighbourhood's dog who was running free because the neighbour never locks his gate. My dog ended up with being treated for inflicted wounds and I ended up with $1000 out of pocket for the vet bills. Despite my numerous letters to the owner to compensate me - still no answer. Please advise what form do I have to use to lodge a claim via QCAT as apparently it was a damage to my property.
Many thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

it is a simple and less formal process
Here is the form:
http://www.qcat.qld.gov.au/__data/assets/pdf_file/0019/100855/form-03-app-mcd-minor-debt.pdf

Expert:  Daniel replied 1 year ago.

You should be able to prove they were liable if the dog got out and attacked your dog.

Please rate my service and click accept. I am able to answer further questions after accepting also.

Customer: replied 1 year ago.
How do I prove it? The only thing I've got at my side - I reported the case to the local Council and I have a vet report. It was early n the morning, there was no one outside except me walking my dog...
Expert:  Daniel replied 1 year ago.

Well having their dog leave able to leave their premises would be enough.
They did not have ample fencing and you have witnessed them always leaving the gate unlocked, as you have said.

Customer: replied 1 year ago.
I just checked the form and the form said in a checklist that if you did not have a formal agreement between parties - you are unable to lodge this form. Are you sure it is the right form? Thanks
Expert:  Daniel replied 1 year ago.

Sorry,
Use this one.
http://www.qcat.qld.gov.au/__data/assets/pdf_file/0017/100862/Form-8-Minor-civil-dispute-counter-application.pdf

Customer: replied 1 year ago.
But currently there is no application lodged... This form is used if I am disputing the allegations made by the applicant. I believe this form would be useful for the owner if he wanted to lodge a counter-application
Expert:  Daniel replied 1 year ago.

Both can be used, you are claiming a out of pocket expenses for vet bills

Customer: replied 1 year ago.
What do you mean both? Both forms? I just don't want to lodge just any form to receive a rejection from QCAT based on wrong form lodgement. They don't provide any advice which form is used, that's why I am asking a solicitor but don't want to pay an arm an a leg for a simple question. Please clarify...
Expert:  Daniel replied 1 year ago.

The first form can be used.
As it is a debt, being out of pocket expenses.

Customer: replied 1 year ago.
I am still not convinced as other advisor said I have to use Consumer and trader dispute and Property damage dispute forms... But QCAT site has only consumer dispute form but not property damage. Bu at the same time when you read instructions for property damage - it is for situation if someone drove their car into my fence, for example...
So I am stuck as the form you suggested clearly stating that it should be an agreement in place. Will my "letters of demand" that I sent to the guy can be stated as "debt in question "?
Expert:  Daniel replied 1 year ago.

the property damage can be used also.
it is simply chasing up a debt for the medical bills.

Customer: replied 1 year ago.
I am unsatisfied with your answers and your research. You have been jumping from one form to the other without any clarification. I have been in contact with other advisor and they advised that I can't even claim via QCAT because ". As you do not fall within the QCAT definition of a relevant person for a minor civil dispute then if you wish to make a claim it appears you will need to file it through the Magistrate Court. "
Now I am requesting a refund of my fee as it is unacceptable to charge people for an advice that you can't even provide.