What happens at the Tribunal?
Fact sheet
This fact sheet provides general information only. It is not provided as legal advice and is intended as a general guide only. If you have a legal issue or query you should refer to the legislation or seek legal advice.
What is the Consumer, Trader and Tenancy Tribunal?
The Consumer, Trader and Tenancy Tribunal (CTTT) is an independent, specialist and accessible service for the fair and timely resolution of disputes according to law.
Top of pageApplications
How do you make an application?
Applications to the CTTT are made in one of the following nine Divisions according to the nature of the dispute.
The CTTT's Divisions are Tenancy, Social Housing, General, Home Building, Motor Vehicles, Strata & Community Schemes, Residential Parks, Commercial, and Retirement Villages.
Each Division has specific application forms. Applications forms can be downloaded from the application forms page, or collected in person from CTTT Registry Offices and Fair Trading Centres.
Time and Jurisdiction Limits
The time in which to lodge an application and the powers of the CTTT (called ‘jurisdiction limits’) differs with each Division.
Jurisdiction limits include the types of orders the CTTT can make and the amount of money that can be awarded.
Each application form has detailed information on time and jurisdiction limits.
What happens after the application is lodged?
You must be ready to attend a hearing within 28 days after the application is lodged, unless there are exceptional circumstances.
The CTTT sends a hearing notice to the applicant and the other party. The hearing notice tells you the place, date and time to attend. Hearings are held at a venue closest to the place of contract, dispute or the rental premises. If the dispute is about an internet purchase, the CTTT will decide the hearing venue.
A copy of the application and attached documents is sent to the other party with the hearing notice. This way the other party knows what the dispute is about and can prepare their response prior to the hearing.
Do not include any confidential information in your application. You may make a written request to the CTTT when lodging you application asking that your address be withheld from the other party. The address can only be withheld from the application form and not from other material you supply.
What if you reach agreement with the other party before the hearing?
Write to the CTTT requesting that an order be made formalising your agreement. You must also send a statutory declaration, signed by both parties, setting out the terms of your agreement. Original documentation must be sent. The CTTT will then make formal orders which accord, where possible, with your agreement.
What if two or more people have joint liability?
If you and another person decide to rent together or purchase goods together, you may be jointly liable if there is a problem. This means you may both share a legal obligation.
Where there is joint liability:
(a) only one of those persons needs to be served with a hearing notice, and
(b) the CTTT decision may be given and enforced against one of those persons found to be liable or against some or all of those persons.
Do you need an Interpreter?
The CTTT provides a free-of-charge interpreter service for hearings. If you need an interpreter, write down the language on the application form or contact the CTTT immediately so arrangements can be made. Family members or friends are not allowed to interpret in CTTT proceedings.
Can you withdraw your application?
To withdraw your application you must inform the CTTT in writing. You should also tell the other party before the hearing. Where costs may be sought, the withdrawal request will be determined at hearing.
Dispute Resolution
How does the CTTT resolve disputes?
The CTTT uses a range of dispute resolution processes such as conciliation, hearings and decisions made on the papers. Hearings include group list hearings, telephone hearings, directions hearings and more formal hearings. The type of dispute resolution process used will depend on the application type and the nature of the dispute.
Your hearing notice will indicate the dispute resolution process to be used, for example ‘Conciliation and Hearing’.
Can someone represent you at the CTTT?
Legal representation is not usually allowed at the CTTT if the amount claimed is $10,000 or less. You must present your own case at the hearing.
However, the CTTT may consider representation in certain circumstances such as:
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it is necessary
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you would be unfairly disadvantaged
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you are a landlord and you have a real estate agent who normally acts on your behalf
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you are a retirement village operator and you have a managing agent who normally acts on your behalf
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you are a residential park owner and you have a park manager who normally acts on your behalf
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you are a party to a Strata & Community Schemes matter and you wish to be represented by counsel, a solicitor or an authorised agent.
The CTTT will decide on the day if you can be represented. Your signed and dated written authority for the representative must be produced to the CTTT.
What do you need to bring?
Be well prepared. Carefully consider all the issues of your case and take time to gather all necessary information.
You must bring evidence to the hearing to support your case, such as:
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written proof of the sale or service invoice, original purchase agreement or sales advice
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any invoices or demands for fees
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receipts, quotes, reports and payment records
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warranties in relation to the goods or services
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correspondence between parties
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photographs showing the condition and state of repair (or comparable items if relevant)
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witness statements, statutory declarations or affidavits
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any enforcement action undertaken
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correspondence from a Fair Trading Centre
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copy of contract, reports from building experts and the certificate of insurance (home building)
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copies of the strata or community plan, minutes of relevant meetings, resolutions, relevant registered by-laws or notices (strata and community schemes).
Bring three (3) copies of your documents so that there is a copy for you, one for the CTTT and one for the other party.
What happens on the day?
Your matter will be one of a number of applications listed for hearing and conciliation at the same time. Before the hearing can take place the parties will be asked to try conciliation.
What is 'Conciliation'?
Conciliation is an alternative dispute resolution process used by the CTTT. The conciliation process involves bring parties together to talk about their dispute in an informal, private and confidential face-to-face meeting.
In conciliation you would:
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Tell the other party what your issues are
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Show each other your evidence
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Try to understand and respect each other's different points of view
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Negotiate your differences, discuss possible solutions and try to reach an agreement.
If you reach an agreement during conciliation, the terms of your agreement will be made into a formal CTTT order.
If the conciliation is unsuccessful, the hearing will then go ahead either on the same day or at a later date. Anything discussed in conciliation cannot be repeated in the hearing room unless the parties agree.
Do you have to go to conciliation?
Conciliation is a voluntary process. However the CTTT is required by law to help parties reach an agreement through conciliation before the hearing can take place.
Who is involved in conciliation?
Generally, the people directly involved in the dispute are the only people to attend the conciliation session. Other people may also be involved in the conciliation process, such as:
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an authorised representative (for example, a real estate agent)
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a Conciliator where available
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an interpreter where required.
What is a 'Conciliator'?
The CTTT provides Conciliators at major hearing venues to assist parties during their conciliation discussions. The Conciliator will:
- facilitate open and honest discussions between the parties
- help to identify the issues in dispute
- assist the parties to come up with options and possible solutions
- help write down any agreement you reach together.
The Conciliator is not an advisor and will not make decisions for you.
Why is conciliation better than a hearing?
Conciliation is a good way to reach agreement. Conciliation creates an opportunity for you to:
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tell your side of the story
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listen and get a better understanding of the other party
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resolve your dispute mutually and quickly on the day
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find your own solutions with the CTTT imposing a decision on you.
As conciliated agreements are voluntary and represent the self-interests of each party, they are also more likely to be honoured by both parties.
How can you get the most out of conciliation?
Being prepared and clear about the outcome you want is the best way to ready yourself for conciliation.
To prepare yourself for conciliation and get the maximum benefit from the process:
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write down your issues in dot points, and briefly summarise your concerns
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prepare to be flexible and think about what you can negotiate on
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focus on what you want to achieve, and try not to react emotionally to the actions of the other party
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only agree to what you think is fair.
The skills you acquire from the conciliation process will also help you deal with any disputes you may have in the future.
What if you feel threatened by the other party?
Contact the CTTT before the hearing day, and arrangements may be made for a special conciliation session. Otherwise tell the Security Officer when you arrive at the hearing.
What happens at a CTTT hearing?
CTTT hearings are usually informal, but formal hearings can be held on request, where witnesses can be called.
A Tribunal Member presides at the hearing. You and the other party show your evidence and ask questions of each other. The Tribunal Member may ask that your evidence be sworn or affirmed.
After the parties have given their evidence, the Tribunal Member will make orders and explain why those orders were made. Sometimes the Tribunal Member will not make a decision on the day, and the orders and reasons are sent to you at a later date.
What is a 'Tribunal Member'?
A Tribunal Member is an independent statutory officer who hears and determines applications brought before the CTTT in accordance with the law and based on the evidence presented.
When addressing a Tribunal Member you may call them ‘sir’ or ‘madam’, or by their surname, for example ‘Ms Jones’.
Learn more about Tribunal Members.
What happens at a subsequent hearing?
If the CTTT decides at the first hearing that there needs to be another hearing, for example so that witnesses may be called, then the CTTT will adjourn the matter and send you a new hearing notice.
The Tribunal Member may also issue instructions to the parties on what they must do to help finalise the matter at the next hearing.
How do you summons a witness or documents for the hearing?
You may apply to the CTTT to issue a summons for witnesses to attend and/or produce documents.
When you serve a summons you must pay the reasonable expenses of the person you want summonsed and serve it at least five days before the return date, which is usually the next date.
Download the Summons request form in PDF format (size: 216k) and read the Charirpersons Directions on Summons.
Can you request to have the hearing move to another day?
If you want the hearing moved to another day (called an ‘adjournment’) you must write to the CTTT explaining why you cannot be there. Work and training commitments are not acceptable reasons for an adjournment.
Adjournment requests should be made at least three working days before the hearing if you want a decision made before the hearing date. Otherwise the adjournment request may be considered at the hearing. You should try to get the other party's written consent. Without their consent, the matter will only be adjourned in exceptional circumstances.
If the CTTT does not tell you that an adjournment has been granted, you must attend the hearing. Otherwise the hearing may go ahead in your absence.
For more information on adjournments, read the Chairperson's Directions on Adjournments.
Orders
CTTT orders and decisions
After the Tribunal Member makes an order, the parties receive a copy of the order within seven days. You can also request the CTTT provide you with a written copy of the reasons for the CTTT's decision under section 49 of the Consumer, Trader and Tenancy Tribunal Act 2001.
If the Tribunal Member reserved their decision, the orders and written reasons for the decision will be sent at a later date.
Can you be ordered to pay costs?
Each party generally pays their own costs. The CTTT may order costs to be paid in certain circumstances, such as if the application is considered to be frivolous, vexatious, misconceived or lacking in substance, or the parties are legally represented.
Can CTTT orders be changed?
CTTT orders are final and binding subject to a rehearing application. For more information on rehearings, download the rehearing application form in PDF format (size: 176k).
If you believe that the CTTT made an error of law you may appeal to the District Court.
Enforcing CTTT orders
Money orders
To enforce a money order, contact 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 for amounts over $60,000) for enforcement action. Enforcement costs can be added to the debt.
Order for possession
To enforce an order for possession, write to the CTTT after the date possession was to be given to request a warrant. The warrant is then taken by you to a Sheriff's Office for enforcement action. The Sheriff's Office will require a fee to be paid and they will enforce the order in accordance with their guidelines. Costs for non-compliance with an order can be sought from the CTTT if requested within 30 days.
Non-money orders
To enforce a non-money order, you can apply to the CTTT to renew proceedings. This means the "order to do work" may to change into an "order to money". For more information on renewing proceedings, refer to the Notice to Renew Proceedings form in PDF format (size: 105k).
Disclosure of CTTT orders
CTTT orders are generally made available only to the parties involved in the dispute. However, some CTTT orders are made available to the public. These include:
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all orders made under the Home Building Act 1989 which are provided to the Commissioner for Fair Trading to be included on the public register.
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orders supported by written reasons which published on the Australasian Legal Information Institute's website www.austlii.edu.au.
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