Who attends the hearing?
In the Tribunal you must usually represent yourself. Professional advocates, such as lawyers, cannot represent you or the lessor or provider, unless the Tribunal agrees.
The hearing can be attended by:
- The Member or Adjudicator – the people who will most likely hear the matter, review the evidence and make a final decision about the dispute.
- The Applicant – the person who commences proceedings.
- The Respondent – the person who is responding to proceeding.
- Witnesses – for either the applicant or respondent.
- Interpreters – if requested.
Tribunal hearings are public, with a few exceptions. The Tribunal will make an audio recording of the hearing including the reasons for the decision.
If you need an interpreter Let the Tribunal know in advance if you need interpreter assistance at the hearing. The Tribunal will usually arrange and pay for the interpreter.
When applying for a hearing indicate on your application if you need an interpreter. If you are the respondent and need an interpreter when you attend a Tribunal hearing, let the Tribunal know as soon as you receive notice of the hearing date.
The Tribunal will usually ask you to fax or mail them a written request for interpreter assistance.
Can someone represent you?
All parties involved in a matter before the Tribunal must represent themselves, unless it is in the interests of justice that they be represented.
This may apply in cases where there is a minor involved, the matter is complex, or a person does not have capacity to understand the process due to a disability.
If you need someone to represent you at the hearing, you must seek permission from the Tribunal. You will need to complete an Application for leave to be represented form. Permission to be represented is at the discretion of the Tribunal.
If you need assistance to present your case, you can take a support person or advocate to the hearing to assist you. If you want the person to speak on your behalf, you will need to fill in the form and seek permission from the Tribunal.
If you are applying for a hearing you will need to include details of your representative on your application form and attach an Application for leave to be represented form. The lessor or provider may have a real estate agent represent them at the Tribunal. The agent may have to show the Tribunal evidence they are authorised to act on behalf of the lessor or provider.