Chairperson's Directions CTTT CD2012-1

CTTT Electronic Case Management

These directions have effect with respect to applications lodged electronically from 16 January 2012.

1.0 Introduction

1.1 These directions are issued pursuant to section 12 of the Consumer, Trader and Tenancy Tribunal Act 2001 (the Act) and set out the policy and procedures which apply where a party wants to lodge and receive documents electronically pursuant to Part 7A of the Consumer, Trader and Tenancy Tribunal Regulation 2009.

The purpose of this Chairperson’s Direction is to prescribe protocols for users of the CTTT Online and the CTTT Electronic Case Management System (known as ECM).

2.0 Electronic lodging of applications

Applications in the Residential Tenancy, Social Housing, Home Building, General, Motor Vehicles and Residential Parks divisions can be lodged electronically by means of the CTTT Online system.

2.1   An application may be lodged by means of CTTT Online, by:

(a) the party, or
(b) a person who is authorised to sign the document under Clause 12 of the Consumer, Trader and Tenancy Tribunal Regulation 2009, or
(c) a person who has been directed to lodge the application by the party.

2.2   When lodged by means of CTTT Online, an application is taken as being:

(a) duly signed, and
(b) to have been duly authenticated for the purposes of Schedule 1 Clause 5 of the Electronic Transactions Act 2000, if the person’s name is printed where his or her signature would otherwise appear.

2.3   An application that is lodged by means of CTTT Online is deemed to be lodged and accepted by the Registrar on the day of lodgement except in the Home Building Division where preliminary alternative dispute resolution provisions apply under the Home Building Act 1989.

3.0 Notice of first hearing: application lodged online

The Tribunal or Registrar may issue a document to any party by means of the CTTT Online lodgement system or the CTTT Electronic Case Management system.

3.1   Where an application is lodged by means of CTTT Online and a hearing date can be allocated immediately, notification of the hearing date, time and place will be communicated to the person (the applicant) lodging the application electronically in accordance with the methods set out in paragraphs 3.2 and 3.3.

3.2   Where the applicant has provided an email address for the purpose of receiving notices, orders and other correspondence, the notice of hearing will be sent to that email address.  This notice should be either printed or saved electronically as no further notice of hearing will be issued.

3.3  If the applicant has not provided an email address for the purpose of receiving notices, orders and other correspondence, the notice of hearing will be displayed on the screen at the conclusion of the online lodgement process.  This notice should be either printed or saved electronically as no further notice of hearing will be issued.

3.4  Where an application is lodged by means of CTTT Online and a hearing date cannot be allocated immediately and the applicant has provided an email address for the purpose of receiving notices, orders and other correspondence, the notice of hearing will be sent to that email address at a later date.  This notice should be either printed or saved electronically as no further notice of hearing will be issued.

4.0 Notice of second and subsequent hearing and other documents

4.1   Where the applicant has provided an email address for the purpose of receiving notices, orders and other correspondence, irrespective of the method of lodgement of the application, all notices for second and subsequent hearings, Tribunal orders and other case related correspondence will be sent to that email address via the ECM.

5.0 Requirement to serve other parties

5.1  Neither the Tribunal nor the Registrar will serve notice to the other party to proceedings electronically unless the party consents.

6.0 Compliance with procedural directions

6.1  Where parties are, as a result of procedural directions, required to provide the Tribunal and the other party with documents, these are to be provided to the Tribunal in hard copy only.  The Tribunal and the Registrar will not accept service to the Tribunal of such documents electronically at this stage.

Kay Ransome
Chairperson
16 January 2012

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