The Tenancy Tribunal

Hearings

If mediation fails (or is not used), the next step is a hearing before a Tenancy Adjudicator.

Notice of hearing

You will receive a written "notice of hearing" specifying when and where the hearing will take place. You may receive as little as three or four working days’ notice.

IMPORTANT: If you cannot attend at that time, notify the Case Officer at the District Court immediately, as it may be possible to delay the hearing. If you do not do this, and do not attend the hearing, a decision can be made without you being present.

Preparing for the hearing

Preparing in advance for the hearing is very important. You can help yourself by:

Writing down what you want to say at the hearing.

Arranging for witnesses who can support your side of the story to attend. Make sure they know when and where the hearing is.

Collecting together documents that will help establish the facts of the dispute (letters, forms, invoices, sales slips, receipts, photographs, quotes, or anything else). It is important that you take three copies of everything to the hearing (one for yourself, one for the other party, and one for the Tenancy Adjudicator).

If you need an interpreter, or have video evidence you want to bring, notify the Case Co-ordinator at the Department of Building and Housing, or the Case Officer at the District Court. Give at least a week’s notice.

If you are asking for the refund of a bond, also take your bank account number.

Representation

In most hearings, the parties speak for themselves. This helps to keep the costs and formality down.

These are the only situations where someone is allowed a lawyer or a representative:

The other party agrees.

The amount in dispute is over $3,000.

The party is one of the following:

A Government agency.
A corporation, trust or other unincorporated body of persons (the representative must be an officer, employee or member of that body).
A partnership (the representative must be a partner or employee of the partnership).
A minor.
A person under disability.

The Tribunal is satisfied there is good reason for the person being unable to appear or present their case adequately.

The Tribunal considers the nature of the case requires it.

NOTE: If the adjudicator rules that one of the parties is allowed to have a lawyer, they will also allow the other parties to have a lawyer if they wish.

At the hearing

On the day of the hearing, arrive before the start time, to give yourself time to get yourself and any witnesses organised.

The hearing will proceed as follows:

The Adjudicator starts by explaining what the hearing is about and making it clear that each party is to speak uninterrupted.

Anyone giving evidence is required to promise to tell the truth and then tells their side of the dispute.

At the end of the hearing, the Adjudicator gives their decision (including reasons) in writing. This is called an order. If they need more time, however, they may "reserve" their decision, in which case, they will indicate when the order is likely to be made available.

Follow these general rules during the hearing:

Listen carefully to what the Adjudicator says.

Do not interrupt. The Adjudicator will make sure you get your chance to speak.

While the emphasis is on informality, if anyone misbehaves, the Adjudicator may order them to leave the hearing room (or even the courthouse). This could happen, for example, if someone:

insults or obstructs someone else (even outside the hearing room);

deliberately interrupts someone else;

deliberately disobeys the Adjudicator.

NOTES:

Although hearings are nearly always held in a District Court, it is not as formal as a court hearing.

Tribunal hearings are open to the public.

After the hearing

After the hearing, you normally just do whatever the Adjudicator specified in the "order", or wait for the other party to carry out their part (for example, pay you money).

This describes what to do in some of the less common situations:

Situation	What to do
The other party refuses to do what was ordered	Contact the Collections Unit at your local District Court, and tell them you need an order enforced. NOTE: An order cannot be enforced until 48 hours after it was made. You may have to pay a fee to Collections for this service.
I disagree (or partly disagree) with the decision	Contact the District Court at which the hearing took place (see Tribunal locations) and tell them you want to appeal the Tribunal’s decision. Notes: You have only ten working days from the date of the order to lodge the appeal. You may not appeal if the order is "interim" (that is, not final) or the amount you want to appeal about is less than $1,000. There is no fee payable for this.
I did not receive a "notice of hearing", so missed my chance to be heard	Contact the District Court at which the hearing took place (see Tribunal locations) and tell them you want a rehearing, and why. Notes: The only grounds for a rehearing is that a substantial wrong or miscarriage of justice has occurred (or may occur, or is likely to occur). You have only five working days from the date of the order to apply for the rehearing. You have to serve (provide) by post or in person, a copy of your application on the other party (the tenant or landlord). There is no fee.