Claims for $20,000 or less are taken through a streamlined process by the Department of Building and Housing. (See 'Claim Process' page.) However, if this process is unsuccessful, the claim may be referred to the Tribunal for adjudication 'on papers'. This means that a Member of the Tribunal will generally make a decision based on the written material provided by the parties, without them needing to attend a formal hearing. If the Tribunal decides a hearing is required, the parties must attend in person, unless specifically given leave by the Tribunal.
The fee for adjudication is $400, which includes the cost of any mediation. Payment must be included with a claimant's application to the Tribunal.
The dates for conferences and hearings, and time limits for filing documents, will be set by the Tribunal and need to be followed to ensure speedy and cost-effective adjudication of claims. If parties do not attend as ordered, the Tribunal has the power to continue proceedings in their absence. Adjournments will be granted only in special circumstances, and should be applied for in writing as far in advance of the date as possible.
When documents are submitted officially to the Tribunal for use as evidence in the claim, this is known as 'filing'. For a claim to be registered, a claimant needs to apply to the Tribunal by filing a completed official application form plus all the required documentation and the fee. The Tribunal staff will then check that all the required information and documentation is supplied before registering the claim. (If the application is incomplete, the claimant will be informed of what is missing and the claim will not be registered.)
Since procedural fairness requires that respondents are immediately and fairly informed of the case against them, the claimant must send copies of all the application documentation to each named respondent. This is known as 'serving' the respondent (or 'service'). Any subsequent documentation that is filed with the Tribunal (such as a joinder or removal application) by any of the parties (claimant or respondents) must also be served to all the other parties to the claim. This 'service' is the responsibility of the party doing the filing, not the Tribunal.
When the Member of the Tribunal assigned to a claim needs to talk to several people concerned with the claim at the same time, they may convene a conference by telephone. Those concerned will be given notice of the appointed date and time. A preliminary conference may be held by teleconference if there is difficulty bringing the parties together in person. A few days before the formal hearing, a teleconference will often be held to confirm the availability of witnesses and other procedural matters.
Claimants and respondents may engage legal representatives to handle their case, but their expenses will generally not be allowed as part of the claim.
While any party may engage an expert to provide a report that is part of that party's application, response or evidence, it is the duty of the expert witness to assist the assigned Member of the Tribunal impartially with technical questions that lie within their area of expertise. (They must comply with the Code of Conduct for expert witnesses set out in Schedule 4 of the High Court Rules.) Expert witnesses should include in their reports a summary setting out their views on the:
Respondents or their expert advisers are entitled to inspect the claimant's property, but the timing and length of the inspection must be reasonable and arranged by appointment with the claimant (or their representative). If this is not possible, inspections may be arranged through the Case Manager. The assigned Member of the Tribunal may make a site visit before the hearing to view the subject matter under dispute. All parties will be given notice of the date and time of a site visit, and are entitled to attend.
Parties or their representatives will be allowed to ask relevant and appropriate questions of other parties, but the Tribunal has the right to limit cross examination.
Once the adjudication process has been completed, the Tribunal will notify the relevant territorial or local authority of the outcome so that the dwelling's LIM (Land Information Memorandum) can be updated accordingly.
The claimant may apply to the Tribunal to withdraw their claim at any stage before resolution by filing an application to withdraw. If the claim is resolved during mediation (or any other stage), the claimant must apply to withdraw the claim from the Tribunal.
If any party decides to appeal a decision of the Tribunal, they need to apply to the District or High Court. There is generally no right of appeal on any interim or procedural orders or steps, but if a matter of process is disputed, parties have the right to apply to the High Court for a judicial review.
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