What happens at the Tribunal once I lodge an application/appeal?

The first step of proceedings at the Tribunal is where someone lodges an application or appeal that an Act of Parliament allows them to bring to the Tribunal.

The important things you need to check before lodging proceedings is:

• What is the timeframe for lodging the proceedings?
• Am I a person who is allowed to lodge the proceedings?
• What form do I use?
• What do I need to put on the form?
• Do I need to pay a fee?

The Tribunal’s website contains information about all the different types of proceedings that can be filed and information about these issues.  You can check with the registry about any procedural requirements. The forms provided by the Tribunal include parts that you can complete if you are wanting to stop the operation of an order, or if you are seeking an extension of time to lodge the proceedings. You must provide details in support of those requests.

Once an application or appeal is lodged with the Tribunal, the Tribunal will send letters and the documents to persons that the legislation says need to be notified of the proceedings.  Usually, the persons who are notified are parties to the proceedings or they are people who can apply to become parties to the proceedings.  It is important to read the letters you receive from the Tribunal so you know what you need to do.  The Tribunal will also include the date and time of a directions hearings.  This is a short hearing that brings all the parties together with an officer of the Tribunal to make directions and organise how the proceedings will be managed by the Tribunal.

Most proceedings that are filed with the Tribunal will have a short directions hearing. These directions hearings are usually conducted by telephone or video conference, but in some instances, they may need to have the parties attend in person.  You will be told in the letter how the directions hearing will be conducted. The directions hearing will be presided by either a member of the Tribunal or a senior officer of the Tribunal. They will hear from the parties and usually make directions about the following things:

• Who are the parties to the proceedings?  Are they all present?  Are there any applications to join the proceedings as a party?  Is there anyone else who needs to be notified or included?
• Is the application or appeal clear about what issues are being raised in the proceedings?  Are those issues ones that the Tribunal has the power to hear and determine?  Are there any legal issues that might affect the power of the Tribunal to hear the matter? Does the Tribunal need to make directions requiring further information about the proceedings?
• Is it appropriate for mediation or alternative dispute resolution to be held with the parties to try and resolve the proceedings without needing a full hearing?  Do all the parties consent to mediation?  Is there any information or work that needs to be done before mediation can occur?  When can mediation be listed?
• If mediation does not settle the proceedings, how long will the parties need to prepare their evidence for a hearing? Are there any legal timeframes about when a hearing needs to be held?  What evidence or witnesses are the parties wanting to bring to a hearing?  When can statements of evidence be prepared and given to each party and the Tribunal?  When should the proceedings be listed for hearing?
• Are there any additional matters that the parties want the Tribunal to issue directions or determine as part of managing the proceedings?  Is there any application to stay the operation of an order that is being reviewed? Does a party want to apply for a summons for someone to produce documents or information?

There may be directions hearing held on several occasions during the course of proceedings to make sure all parties are following the directions made by the Tribunal.

The Tribunal may determine that mediation should be conducted about the proceedings.  In some cases, legislation may make mediation required or mandatory. An impartial, trained mediator will be appointed to conduct mediation or ADR with the parties.  Mediation is usually listed for at least 2 hours but may have additional time provided if it is a complex matter.  Mediation is where a neutral, third party helps the parties to discuss the proceedings in a structured and fair way, to see if the parties can come up with options to settle the proceedings without needing the matter to go to a hearing.  If the parties reach a settlement, an agreement is usually prepared to be presented to a Tribunal member to determine if the agreement should be made into orders of the Tribunal to finalise the proceedings.  If the Tribunal issues orders, the orders are enforceable.

If the proceedings are not settled by mediation then a full hearing must be held. The full hearing is where the parties to the proceedings can present evidence and submissions to Tribunal members who will decide the outcome of the proceedings.  A full hearing may be heard by a single member or a panel of members. The Tribunal will determine who the members will need to be to hear the proceedings.  Some members will be appointed because they have expertise in a relevant field that is part of the evidence in the hearing.  The Tribunal has a information about what happens at a hearing and how to prepare for it.  There are Practice Directions that have been issued about preparing evidence for a hearing.  You must ensure you read these documents and comply with the rules set out in them.

Once a hearing is finished, the Tribunal will issue a decision.  The decision is not usually given on the same day of the hearing. The Tribunal will usually end the hearing and then produce a written decision that is sent to the parties at a later date.  There are some hearings that will require a decision to be made on the day.  Those are usually urgent or emergency matters. The Tribunal tries to issue decisions in around six to eight weeks, but this may be different depending on how complex the proceedings are and the existing workload of the Tribunal.  A party to proceedings will usually have a right of appeal to the Supreme Court about a decision of the Tribunal. Information is provided about appeals in Fact Sheet 2.

The Tribunal must be impartial and transparent in how it hears and determines any proceedings before it.  There are rules that parties need to follow about communicating with the Tribunal to make sure the Tribunal meets its legal obligations.

• When you write to the Tribunal about your proceedings, you must always send a copy of the letter to all the other parties to the proceedings.  Everyone must be aware of any communication between the Tribunal and parties.  There can be no secret communication with the Tribunal and just one party to the proceedings. Please also include the reference number of your case on any letter so the Tribunal knows which file it relates to.
• Do not copy the Tribunal into letters that the parties send between themselves.  You should only write to the Tribunal:
  • When you have been told to provide information.
  • When you are requesting a change to any directions or hearing dates.
  • When you are making an application for a direction or other decision of the Tribunal.
  • When sending in your evidence for a hearing.
  • The Tribunal should not be receiving copies of letters the parties send between themselves.
• When speaking to the Tribunal, please do not ask for legal advice or what you should do. The Tribunal staff can only provide you with procedural advice – for example, helping you find the right form for the type of application you want to make, or explaining how the processes of the Tribunal work.  The staff cannot tell you what you should do, if you will win your case, or any other form of advice.