Dust Diseases & Asbestos
9. Tribunal Claim Process
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- First you must lodge a statement of claim. The plaintiff lodges a statement of claim form at the tribunal registry. At the time of lodging the form you must also pay the fee.
- Once the claim has been lodged it is important for both parties to seek legal representation for their claim. This is primarily because the claim has to comply with the timeframes for submission, meet all the legal requirements and have supporting documents.
- The defendant will normally be given a statement of particulars which sets out the facts associated with your claim. The defendant will then usually file a reply to your statement of particulars. The CRP Form 2 is used when filing a reply in NSW.
- Both the defendant and the plaintiff will enter negotiations. You can negotiate a settlement in relation to your claim at any time throughout the process. If a negotiation is reached then participation in mediation or proceeding to a tribunal hearing is not necessary.
- If the parties to a claim do not reach a settlement then the registrar arranges for mediation to take place. Mediation attempts to resolve the dispute and avoid the need for a hearing. Any agreement reached by the parties is put in writing using a consent order form. The consent order is examined by the judge or a registrar and if found appropriate a ‘consent judgement’ is given to finalise the claim. If mediation is not successful the tribunal gives ‘directions’ to progress the matter as a directions hearing.
- A directions hearing is a mention of the claim in court. Here a party requests a judge to progress the case and a timeline is usually set. Once a judge decides on a course of action the parties to a claim prepare their case and comply with the orders accordingly.
- To request a date for hearing a party must complete a notice of motion form and file it with the registrar.
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