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Disputes Tribunal
DISPUTES TRIBUNAL
What is the Disputes Tribunal?
The Disputes Tribunal is a place where people can go to sort out disputes without having to go to court. It is much cheaper because you do not have to pay lawyers fees.
Does it cost anything?
You do have to pay a fee to the Tribunal when you make a claim, which is called a “filing fee”. This only costs $30 if the disputed debt is less than $1000, $50 for claims between $1000 but less than $5000, $100 for claims between $5000 but less than $7,500, and $100 if the claim is between $7500 and $12000.
What is the procedure?
The person who makes the claim is called the "Applicant". The applicant can get an application form from the Disputes Tribunal (they are also available from Youth Law). They must fill it in with the details of the person against whom the claim is made, called the "Respondent". In other words the person who the applicant thinks is in the wrong. The staff at the Disputes Tribunal will explain the procedure to you.
What happens next?
On the day, both parties go to the Disputes Tribunal and a “Referee” hears both sides of the dispute. Each person can bring evidence such as photos, a map or plan of the area where the accident happened, proof of how much the damage cost to repair (mechanics bill), and they can also bring witnesses (that is, people who saw the accident or the extent of the damage). You can take a friend or family member for moral support. The referee likes the two sides to come to an agreement themselves, but if they can't, he or she will make a decision about who was at fault and how much they should pay to the other person. The referee may decide that one person is not completely at fault and does not have to pay for all the damage because the other person contributed to it.
The referee’s decision is called an Order. It is binding in law. The person who has to pay out usually has 28 days in which to pay the money. If he or she cannot pay they may be allowed to make payments on a weekly or fortnightly basis, but only if the other party agrees. If they don't agree then the District Court will "enforce the debt", which can involve making the person who owes the money to come to court and tell the court what property, income and expenses they have. The court will then decide how the debt should be repaid - e.g. by some of the person’s property being ‘seized’ by court bailiffs or by it being deducted from their wages or benefit every week.
Enforcement proceedings in the District Court are expensive and slow so many people decide to accept payment by instalments to avoid extra cost and hassle.
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Latest page update: made by YouthLaw
, Dec 8 2008, 8:50 PM EST
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