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...lead provider Provider number Name of law firm Firm number Details of claim Covers period from: to: Date of final disposition (if final invoice) Interim invoice Final invoice Please record the number of fixed fees for repeatable fee activities, activities based on anticipated hearing time, and hearing time activities. Number of fixed fees Fixed fee (excl. GST) Total fixed fees (excl. GST) Termination of Instructions Initial instr...
...whether any reductions can or should be made on this ground, namely that the result of imposing appropriate sanctions will make Ms Tangilanu insolvent and she will have to lodge a debtor’s application in bankruptcy. Compensation and refund of fees [17] The orders for compensation do not have a penal component. They are effectively a statutory jurisdiction to allow complainants to recover loss and compensation for harm. The losses may well be recoverable in other civil recovery procee...
...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...
...to my comment in paragraph 6 below. e. ED says the police did not take the matter further so that means he did not cut the trees. However, it may be that the police did not have sufficient evidence to lay charges or may have decided it was a civil matter. As mentioned above the standard of proof in the Tribunal is the balance of probabilities. It is not to the same standard as a potential criminal matter where the standard is higher. f. ED produced written statements from his fath...
...for Telecommunication Services (v.5.0); and m. [Service Order] memo regarding the property. 8. When an applicant brings a claim to the Tribunal, the applicant has the onus of proving their claim on the balance of probabilities. This is the civil law standard of proof. When I assess whether that standard is met, I consider and evaluate the evidence presented to me by the parties. It is important to understand that while all evidence presented to the Tribunal has been considered...
...seeking damages of $2,840.00, being the amount of the Bond. I held two teleconference hearings with the parties regarding the claim. Onus of proof 5. An applicant seeking a remedy in the Tribunal has the onus of proving their claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). Similarly, if a respondent raises a defence to a claim, that defence must be proved on the balance of probabilities. When assessing whether...
...claim, and I had to remind the parties at the hearing that the only issue I needed to decide was whether the Payment should be repaid. Onus of Proof 7. An applicant bringing a claim in the Tribunal has the onus of proving their claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). If the respondent to a claim raises a positive defence, an evidential burden moves to that party to prove the defence on the balance of pro...
...number of legal aid files assigned during a financial year; • above average billing; • above average number of amendments to legal aid grant sought; • above average number of case approvals rejected/refused; • the percentage increase in fees or number of legal aid files over two consecutive years; o over 25% high, 10-24% medium, under 10% low; • the number of substantiated complaints over a five year period; • any adverse judicial comments; • recent progression in...
...previous financial year (attained by ratings of high, medium or low) o over $200,000 high, $100,000 to $199,000 medium, and less than $100,000 low; • the number of legal aid files assigned during a financial year; • the percentage increase in fees or number of legal aid files over two consecutive years; o over 25% high, 10-24% medium, under 10% low; • the number of substantiated complaints over a five year period; • any adverse judicial comments; • recent progression in...
...financial year (attained by ratings of high, medium or low)- o over $200,000 high, $ $100,000 to $199,000 medium, and less than $100,000 low; the number of legal aid files assigned during a financial year; the percentage increase in fees or number of legal aid files over two consecutive years; o over 25% high, 10-24% medium, under 10% low; the number of substantiated complaints over a five year period; any adverse judicial comments; recent progression in Pro...