There are many ways you can resolve business disputes. The most well-known is going to court. However, litigation is a time-consuming and expensive dispute resolution method. It may also further damage your relationship with the other party, which could harm your business' reputation. The Disputes Tribunal may be an effective way of resolving a dispute for you. This article outlines some key information about the Disputes Tribunal, as well as the hearing process.

What is the Disputes Tribunal?

The Disputes Tribunal is a forum where individuals can voice and settle their grievances with one another through a hearing. A referee runs the hearing and, where possible, assists the parties in reaching a settlement. The referee will usually be a legal professional, but there are no judges or lawyers involved.

The Disputes Tribunal deals with smaller claims that are up to the value of $30,000. These claims may be in regard to:

  • vehicle issues, such as a car accident;
  • house-related issues, which may involve damage to your property or a dispute surrounding fencing;
  • goods or services, for example, you may wish to take a supplier to the Disputes Tribunal if the good you purchased does not work properly; or
  • business issues.

However, there are certain issues that the Disputes Tribunal cannot hear. These include:

  • renting problems, such as a dispute between a landlord and their tenant, which should be taken to the Tenancy Tribunal;
  • rates or taxes;
  • employment issues;
  • family law issues, such as the contents of a will; or
  • land concerns.

How Do I Place a Claim with the Disputes Tribunal?

There are two ways to place a claim with the Disputes Tribunal. You can apply online or file a claim by paper. These methods are discussed in more detail below.

Applying Online

Before you start an application online, you should ensure that you have all of the necessary information with you. You will not be able to pause the application process once you have started.

You will need to have the following ready before you start your application:

  • your personal details;
  • the personal details of the person you are complaining about, including their name, registered company address, home address, phone number and other relevant contact information;
  • the details of any other person involved;
  • your insurance company's details (if your insurance might cover your claim);
  • the details of the dispute, including a description of what happened, when and where it occurred, who was involved, the damage that occurred and
  • your desired remedy;
  • the amount you are claiming for, which must be less than $30,000;
  • what you have done to remedy the dispute; and
  • your credit card details to pay for the Tribunal fees.

Once you have this information ready, you can place an application on the Dispute Tribunal's website. This application will then be sent to the Tribunal, who will confirm the application and schedule a date for your hearing.

Filing a Claim By Paper

If you do not wish to place an application online, you can apply via a hard-copy claim form. You will need to fill out a Disputes Tribunal form and either:

  • post it to the Ministry of Justice; or
  • deliver the claim to your local District Court.

Importantly, if you post the form, you will have to send through three copies of the document, as well as any other documentation that is relevant to your claim. To pay for the Tribunal fees, you use either:

  • a cheque in the post, which should be made out to the Ministry of Justice; or
  • EFTPOS or credit card, if you are going to your local District Court.

What Happens in a Hearing?

After you have placed a successful application, the Tribunal will notify all concerned parties with a time, date and place for your hearing.

Before the Hearing

Regardless of whether you are bringing or responding to a claim, there are a few things that you should do before a Disputes Tribunal hearing. You need to think over and write down the key points that you would like to make. In this process, you should:

  • gather any evidence that supports your claim, which may include photos, letters, texts or receipts;
  • ask any witnesses that support your claim to come and speak at the hearing; and
  • send through any relevant documentation to the Tribunal.

As a lawyer cannot represent you in the hearing, you should read over your claim to ensure you convey all of your main points to the referee.

You should bring with you:

  • printed copies of all of your evidence;
  • a pen and paper, or device, to take notes; and
  • any documents or references that your lawyer has prepared for the hearing.

The Hearing

There will be several people present at the hearing, including:

  • the person you are making a claim against (the respondent);
  • the referee;
  • your witnesses and the witnesses of the respondent; and
  • any support people that you or the respondent bring along, who are not allowed to participate in the hearing unless the referee addresses them.

The hearing will begin with the referee introducing all of the people present and explaining how the hearing will go. Following the introduction, you and the respondent will each explain your side of the dispute. Each party will call their witnesses to give evidence and answer questions directed from either the respondent or the referee.

After this discussion has occurred, the referee will assist the parties in settling the dispute. If the dispute is settled, the parties will enter into a binding agreement. However, if the parties cannot agree, the referee will:

  • make a binding decision that is given either at the hearing or at a later date; or
  • put the hearing off until another date, if more information is needed.

After the Hearing

If you reach an agreement, you and the respondent will both be bound by this outcome. Under this agreement, one of the parties may be obligated to do something, such as paying the claimant or conducting repairs.

However, the Tribunal will not actively check to see whether the decision is being followed. This is your and the respondent's responsibility. You may only enforce an order of the Disputes Tribunal until the deadline specified in your agreement or decision has passed. If the deadline has passed, you can:

  • apply to your local District Court to enforce the order;
  • hire a debt collection agency to collect the payment, if you are owed money;
  • engage a lawyer to act on your behalf; or
  • apply to the Disputes Tribunal to seek payment instead of the action, if the other party is obligated to do an act.

Rehearing

If you believe that something prevented the referee from making a proper decision, you may apply to the Disputes Tribunal for a rehearing. This may be because:

  • you were not provided with a letter informing you of the date of the hearing;
  • relevant information to your claim was not available at the date of the hearing; or
  • the referee made an error in calculating the amount you were to pay to the other party.

This rehearing application must be made within 20 working days from the date that the referee made your decision.

The same referee who heard your claim will consider this application and decide whether it should be successful. In this process, you may need to attend a brief hearing to support your claim for a rehearing. If you are granted a rehearing, you will go through the same hearing process with a different referee.

Key Takeaways

Going to court is expensive and time-consuming. If you are currently in the midst of a dispute but want a more informal, quick and inexpensive method to resolution, you may wish to go to the Disputes Tribunal. The Disputes Tribunal is a forum in which you can voice and settle your grievances through a hearing process run by a referee. The outcome of this hearing is binding, but it will be up to you to ensure that the other parties involved comply with this decision. You may also apply for a rehearing if you believe there were factors affecting the validity of the referee's decision.

Frequently Asked Questions

What does the Disputes Tribunal do?

The Disputes Tribunal, through a referee, aids in settling disputes between parties.

How do I enforce a Disputes Tribunal order?

Once the deadline in the order expires, you can apply to your local District Court to enforce the order or get a lawyer to act on your behalf. If you are owed money, you could hire a debt collection agency to collect the payment. Or, if the other party is obligated to do an act, you may apply to the Disputes Tribunal to seek payment instead of the action.

Are tribunals effective?

The outcome of a hearing in the Disputes Tribunal is binding on the parties involved and thus effective.

What is the limit on claims in the Disputes Tribunal?

You can only claim up to $30,000 in the Disputes Tribunals.