Glossary
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
A
Adjournment –The postpoining or deferring of the hearing to another day.
Adjudicator – A Tribunal Member appointed to determine strata and community schemes disputes ‘on the papers’ based on written submissions.
Affidavit – A written statement made by a person who has sworn or afffirmed before an authorised person, such as a Justice of the Peace, that the contents of the statement are true and correct.
Appeal – A procedure which enables a person to challenge the decision made. For example, CTTT decisions may be appealed to the District Court of NSW on a matter of law.
Applicant – The person or organisation who has lodged an application with the CTTT.
Arrears - A debt which is overdue after missing one or more required payments. For example, ‘rent arrears’ mean outstanding rent payments.
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Balance of probabilities – The standard of proof applied by a Tribunal Member that something is more likely to have happened based on the available evidence.
Breach – Failure to comply with one or more of the terms or conditions of an agreement or contract.
C
Certified Money Order (CMO) - A certified copy of an order made by the CTTT for the payment of money that is registered with the Local Court for enforcement action.
Chairperson - The Chairperson is the head of the CTTT.
Civil standard of proof – The standard of proof required in civil law, i.e. it is more probable than not that what the person says happens is true.
Conciliation - A form of alternative dispute resolution which involves the parties talking about their issues in an informal, private meeting with the aim of reaching an agreement and settling the dispute without the need for a hearing.
Consent order – An agreement reached between the parties which is then made into an order by a Tribunal Member.
Contract – An agreement between two people which the law recognises as legally binding.
CTTT - Consumer, Trader and Tenancy Tribunal.
D
Decision – The final orders made by a Tribunal Member after a hearing.
Directions – Instructions made by a Tribunal Member as to the procedure to be followed by parties in preparing or presenting their case; usually relating to the exchange of documents before a hearing.
Dismissal – In certain circumstances the CTTT may dismiss an application. This may occur if the applicant fails to appear at the hearing, or due to lack of jurisdiction.
E
Ex parte – A hearing held in the absence of either party.
Evidence – Anything that is relied on to support a claim, such as documents, affidavits, photographs, objects and verbal statements.
F
Filing – To give documents to the CTTT Registry to be placed on file.
G
Group list– Where a number of cases are listed together before a Tribunal Member.
H
Hearing – Where the parties present their evidence and submissions to a Tribunal Member to enable a decision to be made.
I
Interim order – A temporary order made by the CTTT until another order or a decision is made.
J
Jurisdiction – The extent of the CTTT's legal authority to determine and make orders about certain issues.
L
Legislation – Laws enacted by Parliament (Acts and Regulations).
O
Oath or affirmation – When you swear to tell the truth at the hearing. An oath is made on the Bible/Koran, an affirmation is not.
On the papers – Where a decision is made by a Tribunal Member or Adjudicator without a hearing, based on teh written evidence presented.
Order – A legally enforceable direction of the CTTT for a person or company to do something. For example, orders for the payment of money or for work to be completed within a specified period of time.
P
Part heard – Proceedings where a Tribunal Member has taken evidence but the hearing is yet to be completed.
Parties – The people involved in the CTTT proceedings. Applicants and respondents are generally called ‘parties’. If a third person is joined to the proceedings by the CTTT they also become a ‘party’.
Proceedings – The progression of an application, including all acts and events between the time of lodgement to final orders being made.
R
Registrar – The Registrar manages the CTTT Registries and has certain administrative responsibilities under the Consumer, Trader and Tenancy Tribunal Act 2001 and Consumer, Trader and Tenancy Tribunal Regulation 2009.
Registry – The individual business offices of the CTTT that provide adminsitrative support to the dispute resolution and hearing functions of the CTTT.
Rehearing – An application to the CTTT requesting completed proceedings be reheard.
Renewal – An application to renew proceedings if an order has not been complied with.
Reserved decision – Where the Tribunal Member may not immediately give their decision after the hearing, and deliver a decision at a later time, usually in written form.
Respondent – The person, people or business that has had an application lodged against them.
S
Serve (or service) – To give or deliver a copy of documents to the other party.
Special fixture – A formal hearing that is listed for a specific length of time. These hearings can run over a few hours or several days.
Stay of proceedings – An order which suspends proceedings until the outcome of an appeal or another action. A stay may be lifted and the proceedings resume. A stay may also be used to postpone proceedings indefinitely.
Submissions – A party's argument and evidence presented to the CTTT.
Summons – A notice issued by the CTTT directing a person or company to produce documents and/or attend and give oral evidence at the hearing.
T
Termination – The ending of a residential tenancy agreement.
Tribunal Member – The person who will hear the matter and make a decision. Members are appointed as an independent statutory officers to determine applications in accordance with the law and based on the evidence presented.
V
Vacant possession – That the rental premises is to be unoccupied on the date specified in the order for termination.
W
Warrant for possession – A written authorisation for a Sheriff's Officer to remove the tenant from the residential premises when an order to vacate the premises has not been complied with.
Withdrawal – An action to cease proceedings before the CTTT. An applicant can withdraw their application at any time before a decision is made.
Witness – A person who gives evidence at a hearing.
Written reasons for decision – A written statement explaining how the Tribunal Member came to their decision.