The outcome

What sort of decisions can a referee make?

Referees can order that money be paid, property be delivered or work be carried out to remedy a problem. They can order that a person is not liable for a debt, or alter or cancel agreements. They can also dismiss a claim.

What if I don't agree with the decision?

You have 28 days to appeal from the date of the referee's decision. The appeal process is free. However, you may appeal only on the grounds the procedure was unfair and produced a prejudiced result.

A specific example of procedural unfairness is if the Referee fails to have regard to any law that was brought to their attention at the hearing.

However, if the Referee had regard to the law but the merits of the case meant that in the Referee's mind the law could be departed from, then you can't appeal.

There is no other right of appeal - you cannot appeal because you disagree with the decision.

Appeals are heard by a District Court judge and court procedures apply.

What if I later find out some valuable new information?

If you discover new information that bears on the outcome and that you could not, with "reasonable diligence", have known beforehand, you can apply for a rehearing. You usually have to do this within 28 days of the original decision, although sometimes a later application will be accepted.

The application will be considered by the referee who heard the original claim.

What if the decision is against me?

The decision is a court order - you must comply with it. Enforcement action can be taken against you if you do not abide by the decision.

What if the decision is for me?

You may still have difficulty in getting the money or the work done that was ordered.

If the other party doesn't comply with the order, you can request enforcement by the courts. To do this, you must supply an up-to-date street address (not just a box number) and phone number for the other party.

What does enforcement action consist of?

There are two main approaches. An "order for examination" is a request for the other party to appear before a court registrar to see if and how they can pay. Both parties are required to be at this hearing. If the registrar decides payment should occur, it might be handled by instalment or deduction from income.

The next option is a "distress warrant", which empowers a bailiff to visit the other party, either to gain payment or to seize assets.

It won't cost you anything to apply to have the order enforced - that's added to what the other party owes.