A summons is an official notice instructing a person or company to appear before the CTTT at a specified time and place to give evidence, or to produce documents or other things required as evidence in proceedings.

Requesting a summons

To request a summons, complete the Request to Issue a Summons form and send to the CTTT with the prescribed fee.

Download a Request to Issue a Summons form (PDF size: 216kb).

View the current fees and charges for the issue of a summons.

The summons bearing the seal of the CTTT will be produced and either posted back to the requesting party or collected in person from a CTTT Registry office.

If the person named in the summons cannot attend or produce the documents, they must inform the CTTT in writing and also notify the person who requested the summons.  If they object to the summons, they may ask the CTTT to set aside the summons or restrict the documents requested.  If they fail to comply, the issue will be dealt with the CTTT at the return of summons hearing.

Who can request a summons?

Any party in current proceedings can request a summons.  The party making the request should complete the Request to Issue a Summons form and pay a fee.

In Strata and Community Schemes Division matters, only the applicant or respondent (or their agents) may request a summons.  Other interested lot owners are not entitled to request a summons.

When should I ask for a summons?

As there is a fee payable for the issue of a summons you should only consider summonsing a witness or the production of a document if the evidence cannot be obtained. 

How do I serve a summons?

The person requesting the summons is responsible for serving it on the person or company named in the summons.  The CTTT cannot do this for you.  The summons must be served as follows:

1. If it is a person who is being summonsed, they must be served in person at least 5 working days before the specified return date
2. If it is a company who is being summonsed, they may be served by ordinary post to the company's registered office, or given to a person over 16 years of age at the company's office.

Payment of reasonable costs

Reasonable costs are those costs that the producer or witness may incur in complying with the summons, such as travel costs, out of pocket expenses, production costs and delivery costs.  This is also sometimes referred to as "conduct money". 

The person requesting the summons is required to pay the reasonable costs of the person or company who is being asked to comply with the summons.  Payment of reasonable costs should be included with the summons when it is served.  You must discuss what the reasonable costs are with the summonsed party.  The CTTT will not do this for you.