What happens next

The Tribunal will hear an appeal or charge once all the necessary papers have been served and filed and the preparatory steps taken. The hearing is a formal judicial proceeding.

Before the hearing

The Tribunal may issue all or any of the following directions:

  • call for a directions conference by phone or in person, involving the parties or their lawyers
  • order all parties to provide all relevant documents
  • order all parties to exchange their witness lists and, where appropriate, briefs of evidence
  • set timetables for any required documents and set hearing date and location.

In most cases, the hearing will take place in the town or city nearest to the place where the events giving rise to the case took place. The Tribunal will let all parties involved in the case know the place, date and time of the hearing.

The Tribunal has the power to:

  • summons witnesses to appear before it
  • ask for books, relevant documents or things it considers must be produced
  • deal with the proceeding in the absence of any party who fails to appear without good reason.

The hearing

The chairperson or deputy chairperson and 2 other members of the Tribunal preside over the hearing.

The purpose of the hearing is for the Tribunal to hear the evidence and arguments from all parties, so it can make a decision.

You’re responsible for making sure that you have your case prepared and your witnesses ready for the hearing. 

Each party has the right to give evidence on oath and call witnesses relevant to the issue before the Tribunal. All witnesses may be cross-examined by the other party.

When all evidence has been presented, the parties can make closing submissions if they want to.

Hearings of appeals and charges are usually open to the public.

Decision

The Tribunal will deliver its decision in writing at a later date after the hearing.

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