Appeals and reviews
CTTT orders are final and binding subject to a limited right of appeal. The below information may assist you if you wish to challenge an order made by the CTTT.
Rehearings
Parties to certain proceedings may apply to the Chairperson for a rehearing under section 68 of the Consumer, Trader and Tenancy Tribunal Act 2001 if the matter is completed.
The grounds for a rehearing application are limited. A rehearing will only be granted if the Chairperson decides that you may have suffered a substantial injustice in specific circumstances.
You must address these issues and provide details to support your application under one or more of the following grounds:
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The decision was not fair and equitable
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The decision was against the weight of evidence
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Significant evidence is now available that was not reasonably available at the time of the hearing.
The decision to grant or refuse a rehearing application is made on the information you provide in the application only. There is no hearing or meeting of parties when considering if a rehearing should be granted. It is not a part of any proceedings and is final and not subject to review of any kind. For this reason it is essential to complete the whole form very carefully, providing as much detail and information available to support the application.
A rehearing will only be approved where a substantial injustice may have occurred. Dissatisfaction with the decision is not sufficient reason for a rehearing.
The monetary limit for a rehearing is $30,000.
A rehearing application must be lodged within 14 days of you receiving the CTTT order. This may be extended if you have asked for written reasons for the decision, to 14 days after you receive the written reasons. You may also seek an extension of time to lodge the rehearing application but you must provide compelling reasons for why the Chairperson should grant an extension.
Refer to the rehearing application form in PDF format (size: 489k) for more information on rehearings.
District Court Appeals
You can appeal against a CTTT order to the District Court of NSW on a matter of law. You should seek legal advice before taking this course of action.
Written Reasons for Decision
If you are not clear on why the Tribunal Member came to their decision, you may request a statement of written reasons.
The written reasons for decision will outline the facts of the case, references to the legislation, the evidence given by both parties and the Tribunal Member's findings. This may help you understand why the Tribunal made the order.
You have 14 days from the date you receive the order to ask for a statement of written reasons.
Complaints about Tribunal Members
All Tribunal Members are appointed under sections 7, 8 and 9 of the Consumer, Trader and Tenancy Tribunal Act 2001. They possess the necessary skills and qualifications and have taken an oath to undertake the duties of a Tribunal Member. A Tribunal Member is appointed to hear matters and to make decisions according to law.
If you are concerned about the conduct of a Tribunal Member, not the Tribunal Member's decision, raise your concerns in writing with the Chairperson. The Chairperson will investigate the complaint and decide how your concerns should be addressed.
Clearly state the file number and address your letter to the Chairperson, Consumer, Trader and Tenancy Tribunal, GPO Box 4005, Sydney NSW 2001.
Please note: A written complaint to the Chairperson will not change the result of your hearing. Your complaint may result in changes to CTTT procedures and practices to improve services.
Transcripts
You can order a tape or CD of a hearing if the hearing was held at one of the CTTT's venues with sound recording facilities. You will have to pay for the tape or CD.
You can order a transcript but the CTTT must charge you the full cost for the transcript, and you will have to pay a full deposit.
Refer to application fees and charges to see how much a sound recording or transcript will cost. You should contact the CTTT Registry on 1300 135 399 to ask about sound recordings or transcripts.
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