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Hearing process

After the parties are given an opportunity to conciliate and an agreement in not reached, the application will be heard.  CTTT hearings are usually informal, but formal hearings can be held on request, where witnesses can be called.

A Tribunal Member presides at the hearing.  You and the other party show your evidence and ask questions of each other.  The Tribunal Member may ask that your evidence be sworn or affirmed.

After both parties have given their evidence, the Tribunal Member will make orders and explain why those orders were made.  Sometimes the Tribunal Member will not make a decision on the day, and the orders and reasons are sent to you at a later date.

Types of hearings

Group list hearings

The majority of CTTT applications are listed for first hearing in a group list hearing.  This means that a number of matters are listed together before a Tribunal Member.

Where both parties appear they are encouraged to resolve their dispute through conciliation.  If the parties reach an agreement during conciliation, the Tribunal Member will make consent orders.  If conciliation is unsuccessful, or if only one party appears, the matter will either be heard on the day, if time permits, or be listed for another day.

Special fixture hearings

Special fixture hearings, or formal hearings, are used where attempts at settlement have failed and more time is required to hear the case.  These hearings can run over a few hours or over several days.

Directions hearings

Directions hearings are used in complex matters where there is a need to establish jurisdiction, identify issues in dispute, set a timeframe for the hearing, or make directions for the exchange of evidence.

Directions hearings are used extensively in large home building and complex strata and community schemes disputes.

Determinations on the papers

Matters can be determined on the papers with the consent of both parties.  Parties are invited to submit all relevant information and submissions before a decision is made.

In the Strata and Community Schemes division, all applications for adjudication are dealt with on the papers.

Applications for rehearing in all divisions are also determined on the papers.


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