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Consumer Disputes
When can I bring a claim in the Disputes Tribunal?
Anyone, regardless of their age, can make a claim by going to a District Court civil office and filling out a claim form. Disputes Tribunals are not like the formal courts. There are no lawyers or judges. A referee who has been carefully selected and trained hears a dispute. Any ruling they make is binding and will, if necessary, be enforced by the courts.
If your claim is for $15,000 or less (or $20,000 if both parties agree) and is disputed then it may be able to be heard by the Disputes Tribunal.
Under 18
However, if you are under 18 the Tribunal may appoint someone to represent you.
Lawyers are not allowed to appear in the Disputes Tribunal, which helps to keep hearings cheap, quick and simple.
However a lawyer can help you prepare your case, you can contact YouthLaw. your local community law centre or local lawyer for advice.
Filing Fees
What types of matters can I take to the Tribunal?
Examples of matters for which you can claim include:
It is best to contact your local District Court (see under “Justice” in the blue (government) pages at the front of the Phone Book) and speak to someone in the Disputes Tribunal / Civil Office to confirm that your complaint can be taken to the Tribunal to be sorted out (i.e. that the Disputes Tribunal has ‘jurisdiction over’ your complaint)
You can find out more information here
(Rule 5 Disputes Tribunals Rules 1989; ss10(1), 10(1)A, 10(2), 27 Disputes Tribunals Act 1988; s39 Fair Trading Act 1986; s47 Consumer Guarantees Act
Anyone, regardless of their age, can make a claim by going to a District Court civil office and filling out a claim form. Disputes Tribunals are not like the formal courts. There are no lawyers or judges. A referee who has been carefully selected and trained hears a dispute. Any ruling they make is binding and will, if necessary, be enforced by the courts.
If your claim is for $15,000 or less (or $20,000 if both parties agree) and is disputed then it may be able to be heard by the Disputes Tribunal.
Under 18
However, if you are under 18 the Tribunal may appoint someone to represent you.
Lawyers are not allowed to appear in the Disputes Tribunal, which helps to keep hearings cheap, quick and simple.
However a lawyer can help you prepare your case, you can contact YouthLaw. your local community law centre or local lawyer for advice.
Filing Fees
| You need to pay the following fee to the Tribunal when you lodge your claim. | |
| If the total amount sought under the claim is less than $1,000 | $30.00 |
| If the total amount sought under the claim is $1,000 or more but less than $5,000 | $50.00 |
| If the total amount sought under the claim is $5,000 or more | $100.00 |
What types of matters can I take to the Tribunal?
Examples of matters for which you can claim include:
- Damage to your property (e.g. your bike or skateboard);
- Faulty goods or poor quality services;
- Repayment of a debt when the person owing the money is arguing about the debt or the amount (e.g. money your former flatmate owes to you);
- Recovery of your property when taken by someone else.
It is best to contact your local District Court (see under “Justice” in the blue (government) pages at the front of the Phone Book) and speak to someone in the Disputes Tribunal / Civil Office to confirm that your complaint can be taken to the Tribunal to be sorted out (i.e. that the Disputes Tribunal has ‘jurisdiction over’ your complaint)
You can find out more information here
(Rule 5 Disputes Tribunals Rules 1989; ss10(1), 10(1)A, 10(2), 27 Disputes Tribunals Act 1988; s39 Fair Trading Act 1986; s47 Consumer Guarantees Act
YouthLaw |
Latest page update: made by YouthLaw
, Nov 25 2009, 9:49 PM EST
(about this update
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Edited by YouthLaw
23 words added 1 word deleted view changes - complete history) |
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Keyword tags:
consumer complaints
disputes tribunal
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