What we can and cannot do
The Consumer, Trader and Tenancy Tribunal (CTTT) is an independent body that resolves disputes and issues enforceable orders. The resolution of disputes involves informal dispute processes such as conciliation by Tribunal Members and Conciliators followed by determinations made after a hearing by a Tribunal Member.
The CTTT Registry's role is to provide information to the parties and the public about the practices and procedures of the CTTT, to support the dispute resolution functions of the CTTT and to manage the resources of the CTTT. All of these roles must be performed in a way that ensures the integrity of the CTTT system is maintained.
The following information has been prepared to help you understand the services that Registry staff can and cannot provide. The activities that we can and cannot do are long standing practices that generally operate in all Australian Courts and Tribunals. These practices ensure that the administrative activities of Registry staff are separated from the independent decision making role of Tribunal Members and to ensure that Registry staff do not provide advice or information that gives one party an advantage over the other.
We can...
Explain how the CTTT works
We can explain and answer questions about how the CTTT works, its practices and procedures. For example, we can:
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Tell you what application form you need to lodge (based on the information you provide) and the fee you need to pay to have your dispute dealt with by the CTTT and, if you are eligible, how to apply for a reduced application fee
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Tell you how your case will be managed, the timeframes we aim to achieve in processing your application and the various steps in the application process
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Explain the CTTT's personal safety measures and security arrangements at the hearing, how to arrange for an interpreter to attend your hearing free-of-charge and the assistance that is available to help if you have a physical impairment
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Give you information on how to apply for an adjournment, an urgent hearing or rehearing and give you information on how to arrange for the issue of a summons to give evidence or produce documents.
Assist with the application process
We can assist you with the application process. For example, we can:
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Give you application forms and other printed material, or refer you to the CTTT's website where you can obtain application forms and supporting information. We can also tell you about our online application lodgement system
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Check your papers for completion of the application forms
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For example, we check for signatures, names and addresses of parties and whether necessary attachments are provided with your application
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Direct you to organisations that may assist you in correctly identifying the other party
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Provide you with contact details of organisations that may be able to provide you with free or low-cost advice or assistance about how to prepare your case
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Refer to our Getting Help fact sheet (size: 192kb)
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Take the necessary steps to inform the other party of the dispute and list your case at the appropriate time and make your case file available to the allocated Tribunal Member.
Provide progress information about applications
We can provide you with information about how your application is progressing. For example, we can:
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Refer you to our website which includes a range of resources, including the hearing schedule
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Outline the process to follow if you want to view your file, obtain a sound recording or transcript of your hearing and how to provide feedback (comments, compliments or complaints) about CTTT services
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Tell you the process you will need to follow to enforce a CTTT order.
We cannot...
Help bring your dispute to the CTTT
We cannot help you bring your dispute to the CTTT. For example, we cannot:
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Give you legal advice, tell you how to prepare your case, or inform you if the CTTT has jurisdiction to hear your case
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Recommend a certain lawyer to act on your behalf
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Advise you if you have correctly identified the other party
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Tell you what words to use in your application, whether you have given enough information or what evidence you require to support your case
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Advise you whether or not you should bring your case to the CTTT and what orders you should seek
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If you are unsure we recommend you contact one the of agencies on our Getting Help fact sheet (size: 192kb). You may need to seek further advice as your application progresses
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Provide an opinion or tell you what the decision of the CTTT might/will be.
Give you certain types of assistance when your case is being heard
We cannot give you certain types of assistance when your case is being heard. For example, we cannot:
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Tell you what to say at the CTTT hearing
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Let you or anyone on your behalf communicate directly with a Tribunal Member (verbally or in writing) other than at the CTTT hearing or though the formal submission process
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Relay case information on your behalf direct to the Tribunal Member or ask the Tribunal Member any questions on your behalf.
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All dealings by the public with Tribunal Members can only occur at the CTTT hearing where all parties have the opportunity to attend and hear and respond to any information/evidence submitted.
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Disclose a Tribunal Member's orders until the Member formally authorises the decision
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In many cases the Member will tell parties of the decision on the day your case is heard.
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Following the hearing
Following the hearing we cannot:
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Interpret orders made by a Tribunal Member or an Adjudicator
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Change an order once it is made by a Tribunal Member, unless it is an obvious typing error
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You would need to either make another application or file an appeal – strict timeframes apply to start such action
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We recommend you seek advice before taking this step
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Deal directly with Tribunal Members in relation to outstanding decisions or requests for written reasons
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Enforce a CTTT order.
The above information can also be viewed in PDF format. Download the 'What CTTT Registry staff can and cannot do' information sheet (size: 45kb).
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