Chapter six - Arriving at the Tribunal

Uploaded by OCBASA on 28.06.2010

Arrive early for a Tribunal hearing and report to reception. Give your name and explain that
you’re attending a hearing.
If you’re late, the hearing will start without you. So, if you or any of your witnesses are
behind schedule, or if you can’t make it for some reason, let the Tribunal Registry
staff know as soon as possible.
When the hearing is ready to start, you’ll be called into a hearing room.
Adams vs Jones. Please come this way to the hearing room.
My name is Ms Stewart and I will be the Tribunal Member hearing your case today. I would like
to confirm who is present.
So firstly, Ms Adams you’re the applicant and the tenant?
Yes, I'm the tenant.
And Mr Jones, you are the landlord?
May I have your full names, addresses and contact phone numbers?
Yes, I’m Christine Adams of 10 Norman Street...
At the start of the hearing you will be asked to take an oath on the Bible or to make an
affirmation that you will tell the truth.
Now, I would like to hear what you both have to say and would like you to give sworn evidence.
Ms Adams, would you like to take the oath or the affirmation?
Please read the affirmation. State your name.
I Christine Adams do truly and solemnly affirm that I will tell the truth, the whole truth
and nothing but the truth.
Mr Jones, would you like to take the oath or the affirmation?
The oath.
Please place your right hand on the bible. Do you swear to tell the truth, the whole
truth and nothing but the truth so help you God? Say "I swear".
I swear.
And please state your full name.
Bill Jones.
Right. The application before the Tribunal today was made by the tenant, Ms Adams and
she is seeking repairs to a stove.
At the start of the hearing the Tribunal Member will ask about your tenancy details such as
the start date of the tenancy, the amount of rent you paid and whether rent is paid
weekly, fortnightly or monthly.
Usually the applicant will be asked to present their case first.
The stove hasn't been working for the last three weeks. I haven't been able to do any
cooking, because none of the hot plates are working.
Let the other party tell their side of the story too, without interrupting or commenting.
It’s a good idea to take notes if you wish to disagree or question something that's said.
Well, yes actually. I reckon the stove is only five years old. And before Ms Adams moved
in, it was hardly ever used. So I think she, through lack of care, she's broken it.
Ms Adams, you're seeking repairs...
In the hearing the Tribunal member will question both parties to find out what they have to
say about the matter.
So can you tell me what condition the stove was in when Ms Adams' tenancy commenced?
It was in good condition. I've got the inspection sheet here.
The parties are entitled to question each other and any witnesses giving evidence. Once
the Tribunal Member has heard the evidence, he or she will determine the facts and make
a decision.
So on the basis of the evidence presented today I am satisfied that the stove requires
repairs and order Mr Jones fix the stove.
Once an Order is made it is binding and enforceable. A written copy of the Order is provided to
the parties straight after the hearing, or it’s sent at a later date, depending on
the type of application being dealt with.
To contact the Residential Tenancies Tribunal Registry phone: 8226 8989
Or to contact OCBA’s Tenancy Advice Section phone: 8204 9544