Making a good claim

How should I prepare?

People often turn up for a hearing without being ready, and cases have to be dismissed or reconvened. There are several things you should do:

• Collect the evidence. Bills and receipts, photographs, any official reports (such as the traffic crash report if there's an accident), witness accounts - they're all valuable. If the drycleaner ruined your best frock, bring it along.
• Make sure any important witnesses can attend - if not, see if you can get a new date for the hearing or ask the court staff if it's possible to attend by telephone.
• Make notes for yourself on the problem and how you want it fixed. Isolate your central issues and arguments. It's important to work out what you really want to say, so you can stay focused.
• Put together a submission and send it to the District Court in advance of your hearing. This isn't strictly necessary, but experienced referees say it's definitely a good idea. Your submission should contain a summary of your case, with the key issues clearly stated, and copies of any key documents.
• Practise your presentation with someone who can give you good advice.

What will happen at the hearing?

The referee will introduce everyone and explain the process. Each side will be given a chance to explain their point of view. The referee may question each side and invite them to question each other. It may become apparent that the sides can agree. If not, the referee will issue a decision and explain the reasons for it.

Do I need to know the law?

If you believe a piece of legislation is relevant, refer to it in your submission. The referee will determine whether it applies.

Do I need a good legal argument?

You don't need to be an expert on the law to win your case. But it will certainly help if you present your view in a calm and collected manner, focusing on the central issues.

Listen to the other party and the referee, and be reasonable without compromising your legitimate rights.

Click here to read more about how the Tribunal will decide your case.

Do I need expert witnesses?

That depends on the kind of case it is. If it involves, for example, a builder who did a bad job on your new deck, it will be useful to have a report from a building inspector. Try to find an impartial witness. We've heard of the Tribunal adjourning a hearing to allow for a second expert to prepare a report, because the first witness wasn't objective enough.