The Small Claims Tribunal
The Small Claims Tribunal was established under the Small Claims Tribunal Decree 1991.
Small Claim or Minor Debt Claim:
If you want to take action against someone because you are owed a set amount of money up to $5000.00 inquire at your local Small Claims Tribunal Registry, near you.
A small claim is a dispute involving up to $5000.00.The Small Claims Tribunal is sometimes called a consumers’ court because it is generally concerned with disputes between consumers and traders. However it deals with several other types of disputes as well.
There are some disputes the Tribunal does not deal with, for example;
- Claims for the recovery of land or estate or any interest therein
- In which the title to any land or estate or any interest therein is in question
- which could not be brought in a Magistrate Court
- and which the law says must be taken in a particular Court
Who can make a small claim?
You can if:
- You are a consumer who feels a trader has not treated you in the way you agreed
- You are a trader who disputes a spoken or written agreement with a consumer or another trader who has provided goods or services
- You own a property which was damaged by a vehicle
- You are involved in a dispute about a fence to be built or repaired
- You are a leaser (or agent) and you have a residential tenancy dispute with a tenant
- You are a tenant and you have a residential tenancy dispute with a leaser or agent
- You are a tenant and you have a dispute with another tenant over the distribution of rental bond money
- You have a dispute over a holding deposit for a tenancy of premises
What does the Small Claims Tribunal do?
- It provides a low- cost way to make a small claim without using a lawyer.
- Provides claim forms
- Explains requirements of claim form
- If requested assists claimants to complete claim form
How do you prepare your case?
You will need:
- A claim form and possibly an affidavit
- Complete claim form and have it checked at the registry
- Ensure that it is within the jurisdiction of the tribunal that is your claim should not be more than $5000.00 and not more than six years old.(this can be checked at the Small Claims Tribunal Registry)
You can pick up the claim form from any Small Claims Tribunal Registry near you.
What can other person (or business) do?
- Defend the claim
- Contact you to try and settle the claim
- Ignore the claim(The hearing may proceed and an order be made anyway)
What happens at the hearing?
- You cannot be represented by a lawyer during the hearing
- The referee may ask if you and the other person can settle the matter yourselves. If you can, you will be left to negotiate privately.
- If you reach an agreement, the referee will record the terms of the agreement on request. If you cannot reach an agreement, the referee will hear the matter.
- You present your side of the dispute and call witnesses to back up your claim
- You will each be given time to present your case without interruption
Re-hearing
- Application for re-hearing is made to the Tribunal only if it has made an order.
- There is a time limit of 14 days from the date of the Tribunal order
- There are limitations on the types of orders that may be the subject of a re-hearing
(Contact the Small Claims Tribunal Office near you for more information)
- The Form for re-hearing is Form 5 and all applications for re-hearing must be made on this form and the prescribed fee paid
What if the Tribunal’s order is not followed?
If the other person does not correct the work as ordered, tell the Tribunal. The referee may make a new order, this time to pay money
- When the order is to pay money:
If the other person refuses to pay, you may ask the Tribunal to enforce the order which will then be referred to the Magistrate’s Court. |
