After the hearing
After the hearing the Tribunal Member will generally make a decision and make orders. An order is a legally enforceable direction of the CTTT for a person or company to do something. All CTTT orders are enforceable and must be complied with.
Orders and decisions
After the hearing the parties' evidence, the Tribunal Member will make orders regarding the dispute. The Tribunal may do one of the following:
- Make the full orders sought by the applicant.
- Decide that only part of the applicant's claim can be made.
- Dismiss the application.
If you do not understand the orders, in particular what you or the other party have been ordered to do and by when, ask the Tribunal Member to explain them to you.
A printed copy of the orders can be collected either immediately afterwards or they will be posted within 5 days of the hearing.
What happens if I missed the hearing?
If you were not at the hearing, enforceable orders may have been made in your absence. If you had a good reason for not attending the hearing, such as a medical condition, you may consider lodging an application for rehearing. If you were the applicant and you missed the hearing and the application was dismissed, you may consider lodging a fresh application.
Orders for costs
Each party generally pays their own costs. An order for costs can only be made in certain circumstances.
Sound recording
All CTTT hearings are sound recorded where possible, providing an accurate record of the hearing and ensuring the proceedings are transparent. Parties to proceedings may request a copy of the sound recording of their hearing for a fee.
Learn more about requesting a sound recording.
Enforcing the order
Decisions made by the CTTT are binding and legally enforceable. If the orders made in your favour are not complied with, there are enforcement options available.
Enforcing a money order
Call or write to the CTTT and ask for a 'certified copy of the order'. The certified copy is then taken by you to a Local Court (or District Court amounts over $60,000) for enforcement action. You will need to supply the Court with any necessary information relating to the person or organisation that owes you money.
Enforcing a specific performance order
If the other party has been ordered to do something, known as a 'specific performance order', and they don't do it, you can apply to the CTTT to renew proceedings.
This means that the order may be changed into an order to pay money so that, for example, you can have someone else do the work.
Enforcing an order for possession
If a tenancy has been terminated and the tenant does not vacate the premises on the due date, you can ask the CTTT to provide you with a warrant for possession. Wait until after the date possession is to be given before making your request.
When the warrant is issued you will need to take it to a Sheriff's Office for enforcement action. A fee will be payable to execute the warrant. The Sheriff's Office will then carry otu the warrant for possession in accordance with their guidelines.
Learn more about warrants for possession.
Rehearing and appeals
CTTT decisions are final and binding, subject only to a limited right of appeal or rehearing in special circumstances.
Rehearings
A rehearing allows a decision, or parts of a decision, to be reheard as if it were a new application. A rehearing is not an appeal and the grounds for a rehearing application are very limited. A rehearing will only be granted if the Chairperson decides that you may have suffered a substantial injustice in specific circumstances. Learn more about rehearings.
Appeals
Appeals against decisions made by the CTTT are made to either the District Court or Supreme Court of NSW depending on the ground of the appeal. Appealing a decision may be a costly and complex process, and you may need legal representation. Learn more about appeals.
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