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Preparing for a hearing

You should be well prepared for your hearing.  Carefully consider all the issues of your case and take time to gather all necessary information.

Write down your issues

Make a dot point list of all the issues that are important to you.  This will help you organise your argument and start thinking about the evidence you need.  Stick to the facts and focus on what is important to your case.

Gather your evidence

At the hearing you will be asked to provide evidence to support your case.  Your evidence may include:

  • Copy of the residential tenancy agreement and condition reports
  • Written proof of the sale or service invoice, original purchase agreement or sales advice
  • Receipts, quotes, reports and payment records
  • Warranties in relation to the goods or services
  • Correspondence between parties
  • Photographs showing the condition and state of repair (or comparable items if relevant)
  • Witness statements, statutory declarations or affidavits
  • Any enforcement action undertaken
  • Correspondence from a Fair Trading Centre
  • Copy of contract, reports from building experts and the certificate of insurance (home building)
  • Copies of the strata or community plan, minutes of relevant meetings, resolutions, relevant registered by-laws or notices (strata and community schemes)

Bring three copies of your documents so that there is a copy for you, one for the Tribunal Member and one for the other party.

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Learn about what happens at the CTTT

Before the date of your hearing, time the time to learn about what happens at the CTTT.

Watch the CTTT's video Get it sorted which shows how disputes are resolved and what you should do to get the best possible outcome.

Come along to the CTTT to watch other hearings in action.  This will give you an idea of what to expect on your hearing day, and help you plan for presenting your case to the Tribunal Member.  View the hearing lists to find out when CTTT hearings are being held in your area.

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Practice telling your story

Practice making your statements and finding the documents that support your argument.  Present your case to friends or family and ask them for feedback.  Remember to stay calm, speak clearly and stick to the facts.

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Allow plenty of time to get to your hearing

CTTT hearings are dealt with very quickly.  If you are late, the hearing may go ahead without you and a decision made in your absence.

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Legal representation

Legal representation is not usually allowed at the CTTT if the amount claimed is $10,000 or less.  You must present your own case at the hearing.

However, the CTTT may consider allowing legal representation in certain circumstances such as:

  • It is considered necessary
  • Your would be unfairly disadvantaged
  • If the party is a corporation and is to be represented by one of its officers
  • If the party is an owners corporation (Strata) and the corporation is to be represented by one of the owners or by the strata managing agent
  • If the party is a community association and the association is to be represented by one of the proprietors who is a member of the association, or by the managing agent
  • If the party is a body registered under the Co-operatives Act 1992 and the body is to be represented by one of its officers
  • If the party is a firm and the firm is to be represented by one of its partners
  • If the party is an incorporated association registered under the Associations Incorporation Act 1984 and the association is to be represented by one of its officers
  • If the party is an unincorporated body of persons and the body is to be represented by a secretary or treasurer of the body, or a member of the executive or management committee of the body who was duly elected at a general meeting of members of the body
  • If the party has a trustee for the management of their estate and they are to be represented by the trustee
  • If the party is a government agency and is to be represented by an officer of that or any other government agency
  • If the party is a landlord and is to be represented by the managing agent of the property
  • If the party is the owner of a residential park and is to be represented by the park manager
  • If the party is the operator of a retirement village and is to be represented by an employee or agent (other than a legal practitioner) of the operator
  • If the party is a resident of a retirement village who is to be represented by a nominated resident of the retirement village or the Residents Committee of the retirement village
  • If another party is to be represented by a person who is a legal practitioner
  • If another party is a government agency
  • If the CTTT is of the opinion that complex issues of law or fact will arise in the proceedings.

You can apply to be represented in writing before the matter is heard or you can apply at a hearing.  The Tribunal Member will decide on the day if you can be represented.  Your signed and dated written authority for the representative must be produced to the CTTT.

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Interpreters

The CTTT provides a free-of-charge interpreter service for hearings.  If you need an interpreter, contact the CTTT on 1300 135 399 immediately so that arrangements can be made.

Family members or friends are not allowed to interpret in CTTT proceedings.

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