QCAT Decision Highlights the Importance of Clear Communication in Defective Administration Matters – Whether You Are a Veteran or a Claimant
Business Law: 30 September 2025
Author: Aaron Stewart - Our People
Case Spotlight: Gibbons v Department of Veterans' Affairs [2025] QCAT 145
Defective administration matters involving the Department of Veterans' Affairs (DVA) can significantly impact veterans and claimants seeking entitlements. Whether you are a veteran or a claimant, understanding your rights and obligations is crucial to avoid costly conflicts.
A recent decision by the Queensland Civil and Administrative Tribunal (QCAT) – Gibbons v Department of Veterans' Affairs [2025] QCAT 145 – underscores the importance of clear communication and adherence to procedures in administrative matters.
What Happened in This Case
The dispute involved a veteran who alleged that the DVA's defective administration led to delays and errors in processing entitlements. The Tribunal examined the communications and actions of both parties, ultimately finding that misrepresentations had occurred. As a result, the veteran was awarded compensation for losses incurred due to the defective administration.
This case highlights that informal promises and indicative timeframes can carry legal consequences under the Veterans' Entitlements Act 1986 (Cth), even in administrative contexts.
Why This Matters for Veterans and Claimants
Defective administration matters often escalate due to misunderstandings, informal assurances, or administrative errors. Key risks include:
- Misrepresentation claims, as seen in this case;
- Breaches of statutory obligations;
- Disputes over entitlements, decision-making authority, or processing delays;
- Costly delays in resolving matters if communication breaks down.
QCAT provides a cost-effective forum to resolve many of these disputes, but the process can still be legally and administratively complex. Early strategic legal advice is often the difference between a swift resolution and a prolonged, expensive conflict.
How Aitken Partners Can Help
At Aitken Partners, we regularly assist both veterans and claimants in resolving defective administration matters before QCAT proceedings are commenced or, where necessary, through formal tribunal hearings.
Our Principal Lawyer in Brisbane, Aaron Stewart, has extensive experience acting in defective administration matters involving the DVA, including cases of misrepresentations, compensation claims, and processing delays. Aaron has also successfully resolved numerous matters through private negotiation and alternative dispute resolution, often preserving relationships in the process.
Get Advice Early
Whether you are a veteran or a claimant, if you are involved in or concerned about a defective administration matter in Queensland, it is crucial to get experienced legal advice early. Doing so can minimise your financial exposure and maximise the prospects of a practical resolution.
Contact Aitken Partners
For strategic advice on defective administration matters involving the DVA, please contact Aitken Partners on (03) 8600 6000. Alternatively, complete our online enquiry form, and a member of our team will be in touch.