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Pricillia H |
Is Disputes Tribunal works ? |
I am trying to bring someone to disputes tribunal for misleading advertisement. I am just wondering if this process works ?? What if the respondent refused to come to the hearing ? What if the wrong party refused to pay (even the court say so) ? Has anyone really see this 'thing' works ? |
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Tania C
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The process starts by filing a claim form about the dispute and paying a fee. The Disputes Tribunal has a monetary limit of $7,500. If the dispute involves an amount between $7,500 and $12,000, the Tribunal can still hear the dispute if both parties agree.
Hearings at the Disputes Tribunal are heard by people called Referees - they are not judges. They listen to both sides, and make a decision. If the other party does not attend, the referee will listen to your side and make a decision, anyway. If you are the applicant, you must attend, or your application will be dismissed. If they order the other party to pay you money, and they don't pay you, you can enforce the order through the Court - usually through the Collections Unit. This is a separate process to getting the order in the first place.
You can bring a support person if you choose, but he/she cannot speak, and you can only be represented by somebody else in certain circumstances. You can get advice from a lawyer before the hearing, but lawyers are not allowed at the Disputes Tribunal, so you can't use one to represent you. The process does work - but a word of warning, if the decision goes against you, it is almost impossible to appeal. |
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Murphy
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Yes it works. You will need to lodge a complaint with the disputes tribunal, stating the all the facts that you have. The court will set a date and you and the person to whom you are laying a complaint to, will sit with a Judge, to plea your case. You won't be in a court room as such, and you might not need your lawyer. The outcome might be there and then. The respondent has to attend or at least a represenitive.
If you need more advice, see your lawyer or the Citizens Advice Beureau.
Good luck |
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