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If I am sick can I have my hearing postponed or re-scheduled?

I am the respondent in an anti-discrimination case. I recently got tonsillitis and have a very sore throat. While I know tonsillitis isn’t a very serious illness it has affected my voice and I don’t think it’s fair to expect me to speak at a hearing!
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 17-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Cressey Wallwork, Swanbourne 6010 WA

  • If you are genuinely sick or unable to attend the tribunal on the hearing day for any reason you should contact the tribunal as soon as possible to let them know and to see if the hearing can be adjourned to another time.
  • However it may be that there will not be another available hearing date for quite a while so this is a serious decision to make.
  • It is better for all parties to get the hearing over and done with so both parties can move on with their lives.
  • Tonsillitis is a bearable affliction and you truly would be better off just proceeding with the hearing.
  • Nevertheless if you really are sick and cannot attend the tribunal will try to cater for you.
  • Be prepared to produce a Doctor’s certificate.

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