The CTTT is designed for people to represent themselves at hearing.  This provides an affordable, accessible and efficient means of resolving your dispute.

Generally, parties can only be legally represented where the amount claimed is more than $30,000 or if the matter is a strata or community schemes dispute.

At the CTTT you will be encouraged to conduct your own case without representation.  Although this may seem daunting, you can expect to have your matter heard and determined fairly and according to law.

Representing yourself also has its benefits by giving you direct control on how your case is presented to the CTTT.  With the right preparation and organisation, you can be your own best advocate at the hearing.

Learn more

• Preparing for conciliation
• Preparing for a hearing

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A request to be represented must be in writing and contain the following information:

• The file number and parties' names
• The reason why you are seeking to be represented
• The name and occupation of the proposed representative and whether or not that person is a lawyer/solicitor
• A statement that the proposed representative has your permission to make decisions in your absence that are binding on you.

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 representative may be a lawyer, a real estate agent on behalf of a landlord, an advocate, friend or relative provided you authorise them to act on your behalf and allow them to make a decision at the hearing on your behalf.

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Representation may be allowed in the following circumstances:

• In Home Building Division matters involving a claim or dispute for an amount over $30,000
• Where the party to proceedings is:
  • A landlord to be represented by the property managing agent
  • A residential park owner to be represented by the park manager
  • A retirement village operator to be represented by an employee or agent
  • A retirement village resident to be represented by a nominated resident of the village or residents committee
  • A corporation to be represented by one of its officers
  • An owners corporation (strata) to be represented by the strata managing agent
  • A community association to be represented by one of its members or the managing agent
  • A registered co-operative to be represented by one of its officers
  • A firm to be represented by one of its partners
  • An incorporated association to be represented by one of its officers
  • An unincorporated body to be represented by an elected member of the executive or management committee
  • An estate which is being managed by a trustee
  • A government agency to be represented by an officer
• If the other party is to be represented by a legal practitioner
• If the other party is a government agency
• If the CTTT is of the opinion that complex issues of law or fact will arise in the proceedings.

See clause 14 Consumer, Trader and Tenancy Tribunal Regulation 2009 for the full list of circumstances in which an application for representation can be made.

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You can apply to be represented in writing before the matter is heard or you can apply at first hearing.  If you make your request in writing the CTTT will seek comments from the other party prior to making a decision.

If the Tribunal Member decides you can be represented, the other party will also be able to be legally represented.

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A party to a strata scheme or community scheme dispute is automatically granted representation, and the CTTT’s approval does not need to be sought.

Section 193 of the Strata Schemes Management Act 1996 states that a party in a strata scheme matter may be represented before the CTTT.  Section 93 of the Community Lands Management Act 1989 allows the same for community schemes matters.

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If a Tribunal Member finds that a party is disadvantaged or not sufficiently competent to conduct his or her case, they may make orders directing that they be represented – section 36(6) Consumer, Trader and Tenancy Tribunal Act 2001.

Under the Act, persons are at a disadvantage if they are minors or people who are incapable of representing themselves because of intellectual, physical, psychological or sensory disability, advanced age, mental incapacity or other disability.

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The CTTT provides a free-of-charge interpreter service for hearings.  Family members and friends are not permitted to interpret during proceeedings.  If you need an interpreter, contact the CTTT on 1300 135 399 as soon as possible before the hearing date.

A Tribunal Member may also request an interpreter if they find that a party is not sufficiently able to understand the proceedings.

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