Preparing for your Hearing
You may consult a lawyer to help you prepare for your hearing, but your lawyer cannot be present at the actual hearing. If at all possible, avoid seeing a lawyer if it is only a simple matter where a small amount of money is involved.
For example, there would be little sense in seeing a lawyer who charges $200 in fees when the amount of your claim is only $400. Use your common sense. Before the hearing, plan what your dispute is all about and make notes of the points you want to present.
Take your notes along to help with your presentation. You can make written submissions to the referee by writing down all the details of the dispute, giving your reasons why you feel you are in the right. Attach your submissions to your file before the hearing so it will be in front of the referee from the start of the hearing.
Make sure you bring all papers, documents and agreements etc to support your case. Bring all copies of emails, photos, letters or receipts. Bring everything that will help get your case across. If you don’t provide the referee with all your supporting documentation your case may suffer and you could lose. Therefore, make sure you prepare well.
If the claim concerns defective goods or items, bring them with you, to show the referee what your claim is about. If you have witnesses, inform the tribunal office well in advance of the hearing so they know what to expect.
What happens at the Hearing?
The step-by-step process at a hearing will be:
- The referee will welcome both parties and explain what happens at the hearing.
- The referee will ask each party to present their case with evidence.
- The referee will hear any witnesses and allow witnesses to be questioned by the other party and the referee.
- When each party has concluded their presentation the referee will try to get the parties to reach an agreement
- If no agreement can be reached, the referee will make a decision, or order.
- If the losing party fails to comply with the referee’s order within 28 days, the winning party can go to the District Court to have the referee’s order enforced.
If you need help at the Hearing
If you are under 18, have a disability, or need help to prepare your case, someone can speak for you. This person cannot be a lawyer. Inform the tribunal staff that you have someone to help you. If you need an interpreter, make application in writing (someone could do this for you) to the Disputes Tribunal, well before the hearing.
You can make a request for support people to sit with you during the hearing. A support person cannot speak for you. Also, lawyers cannot represent you at a Disputes Tribunal hearing.
If you want help to prepare your claim you can ask:
- A Citizens Advice Bureau.
- A Community Law Centre if there is one in your area.
Staff at the District Court will answer questions about the Disputes Tribunal. Disputes Tribunals are part of the District Court and are listed under "Courts" in the Blue Pages of your phone book.