Preparing for hearing
If you have just received a notice from the CTTT asking you to attend conciliation and/or hearing, the following information can help you get prepared.
What happens at the hearing?
The Tribunal Member will ask questions about the application, and both parties show their evidence and ask questions of each other. The Tribunal Member may ask that evidence be sworn or affirmed.
After each party has given their evidence, the Tribunal Member will make a decision based on the evidence and in accordance with the law.
Learn more about conciliation and the hearing process.
Things to organise before the hearing day
Regardless of whether you are the applicant or respondent, you need to prepare thoroughly for the hearing. Below are some steps you can take to best prepare for your hearing.
Write down your issues
Make a dot point list of all the issues that are important to you. This will help you organise your case and start thinking about the evidence you will need to bring. Stick to the facts and focus on what is important to your case.
Chronology of events
It can be helpful for you and the Tribunal Member to bring a list of the important facts, dates and events.
Gather your evidence
Collect all the documents and other things that you are going to rely on in support of your case. Organise them in a folder for easy access during the hearing.
Practice presenting your case
During the hearing it is important to be concise and stick to the facts. Rehearse what you are going to say. This will help you present your case without forgetting any important points and to stay focused on the issues.
Learn about what happens at the CTTT
To give you an idea of what to expect at your hearing, and help you plan for presenting your case, take the time to learn about what happens at the CTTT. Watch our video Get it sorted or come along to the CTTT to watch other hearings.
Getting help
There are many organisations that provide information and assistance. Read our ‘Getting help’ fact sheet for organisations that can help you with your legal questions.
What is a Tribunal Member?
Tribunal Members are independent statutory officers who hear and determine applications brought before the CTTT in accordance with the law and the evidence presented.
Learn more about Tribunal Members.
What evidence should I bring to the hearing?
At the hearing you will be asked to provide evidence to support your side of the story. Your evidence may include where relevant:
- Residential tenancy agreement and condition reports
Written proof of the sale or service invoice, original purchase agreement or sales advice - Any invoices or demands for payment
- Receipts, quotes, reports and payment records
- Warranties in relation to the goods or services
- Correspondence between the parties
- Photographs showing the condition and state of repair (or comparable items if relevant)
- Witness statements, statutory declarations or affidavits
- Any enforcement action undertaken
- Copy of the 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)
Note: Bring three copies of your documents so that there is a copy for you, the Tribunal Member and the other party.
Interpreters and special needs
The CTTT will organise for an interpreter at the hearing upon request. This service is free of charge. Family and friends are not permitted to interpret during proceedings. Other special neds can also be accommodated, such as hearing loop and wheelchair access.
If you need an interpreter or have other special needs, indicate your needs on the application form or contact us as early as possible before the hearing.
Learn more about interpreters and accessible services provided by the CTTT.
Can someone represent me?
As CTTT hearings are conducted as informally as possible, parties are encouraged to represent themselves.
If you want to be represented, make your request in writing to the CTTT before the hearing and arrange for your representative to give a signed and dated written letter of authority to the Tribunal Member at the hearing. The Tribunal Member will decide on the hearing day if you can be represented.
Note: In Strata and Community Schemes matters, you can be represented without first obtaining approval from the CTTT.
Learn more about representation.
Can I change the hearing date?
If the hearing is set for a date or time you cannot make, write to the CTTT as early as possible and ask for another date or time. This is called an adjournment.
Adjournment requests should be sent to the CTTT in writing as soon as possible. If the CTTT does not tell you that an adjournment has been granted, you must assume that the hearing will go ahead.
Learn more about adjournments.
On the hearing day
Below are some helpful hints that may be useful to you on the hearing day:
- Arrive early – if you are late the hearing may be held in your absence
- Be polite and respectful – do not make personal comments about the other party or the Tribunal Member no matter how strongly you feel
- Be concise – only talk about facts relevant to your case
- Listen carefully to the Tribunal Member and the other party, and try not to interrupt
- Tell the truth – if you are giving evidence you may be asked to take an oath or affirmation
- Take friend or relative along with you for moral support
- Bring a pen and paper along so you can make notes
- Ask if you do not understand something, or if you are unsure – you can ask for it to be repeated or explained in simple terms.
When will I know the outcome?
The Tribunal Member will generally tell you the decision at the end of the hearing and explain why the orders are being made. Written orders are also issued and these will be given to you at the end of the hearing or sent to you by post.
Sometimes the Tribunal Member will not make a decision on the day, and the orders and reasons will be sent to you at a later date. This is known as a ‘reserved decision’.
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