Select one of the topics below for information about the CTTT's Divisions and the dispute resolution process

The CTTT is divided into nine sections or "Divisions" that deal with different types of disputes. 

1. Tenancy

The Tenancy Division deals with issues that arise under residential leases between private landlords and tenants. The CTTT does not deal with issues or disputes between landlords and tenants in commercial or business settings. Disputes about tenancy form the bulk of the CTTT's workload.  In 2006-07 77% of all applications to the CTTT were about tenancy issues.

The Residential Tenancies Act 1987 specifies that the CTTT can make orders up to the value of $20,000 in the case of rental bond and $10,000 for all other rental disputes.

Some examples of the sorts of issues that arise in this division include not fulfilling promises under lease agreements, excessive rent increases, termination of rental agreements and return of rental bonds.  

2. Social Housing

The Social Housing Division deals with disputes residential tenancy disputes between social housing provider landlords and tenants.  A landlord is a social housing provider if they are one of the following:

• NSW Land and Housing Corporation
• Housing NSW
• Office of Community Housing of the Department of Housing
• Aboriginal Housing Office
• an organisation registered with the Office of Community Housing, or under Part 5 of the Aboriginal Housing Act 1998.

Examples of the sorts of issues that arise in this division include termination of the social housing tenancy agreement, breaches of the agreement such as rent arrears, water usage charges, previous debts and rent increases.

3. Home Building

The Home Building Division deals with disputes between consumers, traders and insurers concerning home building work. For example, from the builders’ point of view, it may be necessary to bring home owners to the CTTT in order to get payment for work performed. From the home owners’ point of view, disputes may arise when builders do not perform work as agreed or when the work they have done is defective. When deciding a building claim, the CTTT might, for example, order one party to pay money to another party, or a builder to perform specific work, or that an amount of money is not owing.

The Home Building Act 1989 states that the CTTT can only hear cases where the value of the orders sought by either of the parties is $500,000 or less. Applicants often have to be careful because certain time limits apply under the Home Building Act 1989. For example,  in disputes about payment of money or supply of goods or services, a claim must be lodged within 3 years of the date of supply.

Lawyers are more likely to appear in Home Building disputes than in any other matters before the CTTT.  This is because such cases often involve large sums of money and can be legally complex. 

4. Motor Vehicles

The Motor Vehicles Division handles disputes about new and used motor vehicles and repairs.   There is no jurisdictional limit imposed on the CTTT when they are hearing matters about new motor vehicles used for private (as opposed to business) purposes.  This means that the CTTT can make orders for any sum of money when the dispute concerns a new vehicle. The upper limit for other disputes in this Division, however, is $30,000. The CTTT often refers disputes to the Office of Fair Trading to attempt to resolve matters through mediation prior to the hearing. 

5. Strata and Community Schemes

The word 'strata' literally means "air space" however, it is commonly used to describe a system of ownership relating to units or apartments.

A community scheme involves common land and property.

The Strata Schemes Management Act 1996 and Community Land Management Act 1989 outline the steps that usually need to be followed when there is a strata or community dispute.  Strata and community disputes commonly involve conflicts about by-laws, maintenance fees or alterations to the common property.

The steps that parties must follow in order to resolve these disputes are slightly different to the steps that need to be followed in the other Divisions.  This is because the Acts say that an application cannot be made to the CTTT about a dispute unless the parties have tried mediation first.  The steps are:

1.  Mediation.  The Office of Fair Trading provides a mediation service.  A completely neutral person helps the parties discuss problems with each other and then tries to help them reach their own solutions.  If this doesn't work the parties can apply to have their matter adjudicated.

2.  Adjudication.  If the mediation session is unsuccessful or if the agreement reached by the parties has broken down, the parties can apply to have their dispute heard by an Adjudicator.  The parties do not actually appear in person before the Adjudicator.  Instead, they need to send a written version of their arguments along with documents supporting their claims to the adjudicator.  The Adjudicator will read all the facts provided by the parties and will then make a decision to impose on the parties.

3.  Determination.  If parties are not happy with the Adjudicator's decision, they can lodge an appeal with the CTTT for the matter to be heard by a Tribunal member.  The Adjudicator can also refer disputes to the CTTT when for example, complicated legal issues are involved.

6. Commercial

The Commercial Division deals with disputes about consumer credit contracts.  The Consumer Credit (New South Wales) Act 1995 defines the type of agreements that are categorised as credit contracts. For example, the CTTT hears disputes between credit providers and debtors, mortgagees and mortgagors and other interested or affected parties.  Disputes involving travel agents and certain disputes involving real estate agents are also heard in this Division. 

7. Residential Parks

According to the Residential Parks Act 1998 a residential park refers to land on which caravans and/or other moveable dwellings are placed. This CTTT determines disputes between park owners, permanent residents and occupants. Some of the possible areas where disputes may arise include, for example, the terms of the residential tenancy agreement, notices of termination, alterations and additions to dwellings, rent and bond issues. 

8. Retirement Villages

In the Retirement Division, the CTTT hears disputes between the retirement village administration and one or more residents. The Retirement Villages Division receives the lowest number of applications. Some of the potential areas of dispute include, for example, the terms of the retirement village contract, the legality of a village rule, and the sale or lease of premises of a resident. 

9. General

The General Division deals with consumer claims about goods and services under the Consumer Claims Act 1998.  Disputes span a wide range of issues in relation to the supply of goods or services. In the General Division, the CTTT only has the power to order a party to pay up to $30,000. The CTTT cannot deal with claims for more than this amount, or with claims for a supply of goods or services which occurred more than three years ago.  The General Division also deals with miscellaneous claims, such as disputes under the Holiday Parks (Long-term Casual Occupation) Act 2002, Pawnbrokers and Second-hand Dealers Act 1996 and the Conveyancers Licensing Act 2003.  

Return to top of section

Top of page

The CTTT process has four stages, click on the links to go to information about each stage.

• Stage 1: Application
• Stage 2: Conciliation
• Stage 3: Hearing
• Stage 4: Rehearings and Appeals

Stage 1: Application

When two or more parties are having a dispute that they cannot resolve on their own, they can apply to have their matter listed at the CTTT.  To make an application to the CTTT, the application form for the appropriate Division must be lodged along with payment for the application fee.

The CTTT sends the parties a letter advising them of the place, date and time to attend the hearing about two or three weeks after receiving the application.  In the meantime, the parties prepare for the hearing by gathering information such as receipts, photographs, tax invoices, witness statements and any other documents that will help them present and argue their case.

Return to top of section

Stage 2: Conciliation

When the parties arrive at the CTTT on the hearing day they must first try to reach agreement through conciliation. Although conciliation by definition is a voluntary process, the Consumer Trader and Tenancy Tribunal Act 2001 requires the CTTT to try to bring parties to a settlement before the CTTT is permitted to hear their arguments.

During the conciliation process, the parties have an opportunity to look at each other’s evidence, discuss the strengths and weaknesses of their cases and try to search for mutually acceptable solutions.  Where possible, the CTTT provides conciliators who actively assist the parties in their negotiations.  In many cases, the dispute can be settled at this stage and there is no need to take the matter any further. 

If an agreement is reached during the conciliation session, a formal order will be made in accordance with the agreement.  If an agreement is not reached, a Tribunal member will listen to both parties’ arguments and will impose an enforceable decision. 

The main benefit of conciliation is that disputes can be dealt with quickly. Conciliation also gives parties greater control over the outcome because settlement at this stage alleviates the need to have a decision imposed on them by the CTTT.

Return to top of section

Stage 3: Hearing

Both parties are required to attend the hearing. The CTTT however, is flexible and arrangements such as telephone conferences, for example, can be made in circumstances where parties have a good reason for non-attendance such as a medically certified reason.

If a party who has been notified of the hearing fails to attend (and has not contacted the CTTT to try to make alternate arrangements), the CTTT has the power to deal with the matter and make orders in their absence. These types of orders are commonly known as ‘ex parte’ orders. 

The role of the Tribunal member during a hearing is to control the proceedings and to direct the discussion.  The parties are allowed to tell their side of the story to the Tribunal member, present their evidence and then ask questions of each other.  The CTTT is not bound by the technical rules of evidence that operate in courts. For example, the member can ask questions and can inquire into any matter that he or she feels fit, provided that that the inquiry does not unfairly disadvantage either of the parties.

In normal circumstances, parties are required to run their own cases in the CTTT without legal representation.  This reflects the ideal of keeping proceedings affordable, informal and uncomplicated by legal jargon. 

After both parties have presented their case, the Tribunal member will make a decision and give reasons. Sometimes the decision is ‘reserved’ meaning that it will be handed down at a later date.

Return to top of section

Stage 4: Rehearings and appeals

If a party is not satisfied with the decision of the CTTT, they can lodge an application to have the matter reheard. A rehearing is not automatically granted. In order to be successful, the party seeking the rehearing must show that they have suffered a substantial injustice because:

• The decision of the CTTT was not fair and equitable; or
• The decision was against the weight of evidence; or
• Significant new evidence has arisen.

Ultimately, the Chairperson has the discretion to grant or dismiss applications for rehearings. 

View the rehearing application form in PDF format (size: 489k).

Parties who are not happy with the outcome of the hearing also have the option of lodging an appeal with the District Court.  Appeals to the District Court must only be about errors made by the CTTT in applying the law.  The Consumer Trader and Tenancy Tribunal Act 2001 does not permit parties to lodge appeals about the merits of their case.

Return to top of section

Top of page