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What is a hearing?
What is a directions hearing?
What should I do to prepare for the hearing?
Practice Directions
Where do I sit
Filling in the appearance slip
How does the proceeding start?
What do I call the Members of the Tribunal?
Who speaks first?
What can I do while the other party is speaking?
Presenting evidence to the Tribunal

• Oral evidence
• Documentary evidence
• Objecting to evidence

How long will the case take?
When will the decision be made?
What if I believe the wrong decision has been made?
Outside Brisbane
Contacting the Tribunal

 

A hearing is a proceeding during which the Tribunal hears evidence and parties make submissions about the case. At the hearing all issues are dealt with. The matter will be heard by either one Member or a panel of Members. A Tribunal hearing is like a court hearing as it provides an opportunity for parties to put their case. The Tribunal is impartial and must act fairly. However, unlike a court, the Tribunal is not bound by the rules of evidence and its procedures are less formal. Tribunal Members will assist unrepresented parties to understand the procedure, but will not give any party legal advice about the matter.

Directions hearings are held to decide how the proceedings will be conducted. Matters considered at directions hearings include:

• The need for and extent of:
  • disclosure (providing documents to other parties) and interrogatories (written questions by one party of another);
  • inspection of property;
• Including other persons as parties;
• When and where a proceeding is to be heard and how the hearing will be conducted, including whether a view (of an area of land or an item of property) is required;
• Evidence, including expert evidence (who should give evidence, when and how e.g. by telephone, video conference or in person) (rule 5).
• Pre-hearing processes including mediation and pre-hearing settlement conferences.

Parties can attend the directions hearing by telephone if they are outside Brisbane. Parties should be prepared to make submissions to the Tribunal about how the proceedings should be conducted.

Be prepared to present your case to the Tribunal, whether it is a directions hearing or a full hearing. Present your case in a concise and logical way. Make notes before the hearing about what you want to say and points you want to raise. Bring all supporting evidence with you, for example: affidavits (this is a document where the person has taken an oath or affirmation before a Justice of the Peace or Commissioner for Declarations) (see ‘Documentary evidence’ below); statements (a document where the person has taken a declaration before a Justice of the Peace or Commissioner for Declarations) (see ‘Documentary evidence’ below); photographs, letters or other documents. If you are going to call any witnesses to give evidence, they should wait outside the hearing room in the public areas until called to give evidence.

From time to time, directions are made by the President about how things can or should be done before the Tribunal. It is a good idea to read each of these before the hearing. Click here to go directly to the Practice Directions.

When you enter the hearing room through the public access doors, you move to the bar table (that is the table where you speak to the Tribunal from), which is in front of the public seating area facing the bench. Seat yourself on the right side if you are the applicant or on the left if you are the respondent. Don’t proceed beyond this table, unless instructed to by a Member of the Tribunal or Tribunal officer.

A Tribunal officer will ask you for a completed appearance slip. Blank copies are located outside the hearing room or on the bar table. They tell the Tribunal who is appearing and whether that person is a lawyer, agent or one of the parties.

When the Tribunal opens, a Tribunal officer will ask everyone in the hearing room to stand as the Member/s take their place at the bench. You will then be given a direction to be seated. The same applies when the Tribunal adjourns, or closes for the day.

When addressing the Presiding Members, you refer to them as “President” or “Deputy President” depending on who is talking to you or asking you questions at the time. Non-Presiding Members may also sit with the Tribunal. They are addressed by using their names. You will know who the Members are by checking the Law List outside the hearing room or by asking a Tribunal officer before the hearing starts. There should also be name plaques on the bench so it is clear who is who. You must wait until the Members ask you to address them and you should stand to speak to the Members. If you are physically disabled you should explain this, unless it is self-evident. Just remember to be polite and obey any direction given to you by the Members. The Presiding Members hold positions equivalent to judges and should be accorded similar respect. If you do not understand something, ask them to repeat it or clarify it for you. The Tribunal is a court of record, and you should dress appropriately just as you would when attending any other court.  

The hearing will begin by each party stating their name. The Presiding Member(s) will then ask one of the parties to start. The applicant normally speaks first. Try to speak clearly and slowly, because what you say is tape recorded.  

Usually, you should not interrupt when your opponent is presenting his or her case. You might find it helpful to take down notes of points you want to raise. When it is your turn to speak, the Members will ensure you have the opportunity to address all relevant issues.

Presenting evidence to the Tribunal

Oral Evidence

There are two types of evidence. Oral and documentary evidence. Oral evidence is when you or a witness say what you know about the issues before the Tribunal. Oral evidence is given from the witness box and the witness must take an oath (swear on the Bible or other holy book), or make an affirmation (promise) to tell the truth. All parties can ask questions of a witness and Members of the Tribunal can ask questions as well. When you ask questions of a witness you have called, it is called evidence in chief. When another party asks questions of your witness, it is called cross-examination. After all the other parties have asked questions of your witness, you will have another chance to ask further questions. This is called re-examination. This gives you the chance to clear up any issues that have come up during cross-examination by the parties, or questioning by Members of the Tribunal.

Documentary Evidence

Documentary evidence can be presented instead of, or as well as, giving oral evidence. Affidavits and statements set out the evidence a person would give if they were called as a witness. Other documentary evidence is in the form of maps, plans, letters, memos or other documents that deal with issues before the Tribunal.

Objecting to evidence

If another party is trying to introduce evidence (either by asking questions of a witness or placing a document before the Tribunal) that you do not think is relevant, you can object to the evidence being admitted. For documents, usually a Member of the Tribunal will check that you do not object to the document being admitted. However, if another party is asking a witness a question that you do not think is relevant, you may object by standing and saying that you object. A Member of the Tribunal will ask you why you object and will also ask the other party why the evidence is relevant and will then make a ruling on your objection. Of course, other parties can also object to evidence you want to introduce and you must be able to explain to the Members why the evidence is relevant to the issues before the Tribunal.

Each hearing will have been given a time estimate for completion. If you do not finish within the allotted time, your matter may be adjourned to a later date. Stick to the facts of the case. Do not present any unnecessary information as this will cause the hearing to run overtime. 

The Tribunal may announce its decision at the end of the hearing or reserve it to a later date, in which case a Tribunal officer will contact you when it is to be handed down. The Tribunal gives reasons for its decisions. Usually they will be given at the time the decision is announced. Sometimes the Tribunal will announce its decision at the end of the hearing and publish its reasons shortly afterwards. All parties are provided with a copy of the decision and the reasons for it. A copy of the decision is also posted on the Tribunal’s website.

Appeals can be made against decisions of the Tribunal. An appeal must be started within 28 days after the decision is given. Some appeals go to the President of the Tribunal. Others go to the Court of Appeal. Lodging an appeal does not stay the decision. The decision continues to apply, unless an order is made by either the Tribunal or, if the appeal is to the Court of Appeal, by the Court of Appeal, to stay the decision.

If you are appearing before the Tribunal without a lawyer, in an area outside of Brisbane, please note the following differences:-

The venue or facilities that the Tribunal is using in that location may be the local Supreme Court, District Court or Magistrates Court. The courtrooms in these buildings are similar in set up and lay out to that of the Tribunal hearing rooms in Brisbane. But you may notice in some courtrooms that there is seating for a jury and a dock or box for a person in custody. Neither of these facilities are used in hearings of the Tribunal.

The Tribunal may also use such facilities as community halls, hotel conference rooms and sporting clubs. The rooms in these buildings will not be the same as a normal courtroom or hearing room, but they will be configured where possible to resemble the Tribunal hearing rooms.

Another difference to note is that there may not be a bailiff to assist the Tribunal. Instead, there may be an officer of the Tribunal called a Case Officer carrying out the duties of the bailiff, as well as recording what happens in the hearing. If you have any questions about who is conducting the hearing or about certain procedures in the hearing, you should ask the Case Officer.

If you want to know more about the Tribunal, or what to do in a hearing, you can contact a Case Officer at the Tribunal on (07) 3406 7777. Tribunal staff cannot give you legal advice, but they can help you to understand the Tribunal procedures, forms and rules. Please click here if you wish to complete an application form.