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What should I do before the hearing starts?
- Practise your story by telling it to someone, like your partner, parents or a friend.
- Have your documents in order so you are ready to show them to the referee at the right time to support what you are saying.
- If you are describing faults with a product or service, it will help if you can demonstrate what is actually wrong with it. Otherwise, have labelled photographs ready to show the referee.
- After you have finished practising your story, ask your partner, parents or friend for feedback. If they say your story is too long, cut out unnecessary details. If listeners cannot understand a point, put in details to help them understand.
What should I bring to the hearing?
- Bring all your documents with you, including any photos.
- Bring a pen and paper.
What should I wear?
What should I call the referee?
- You should call the referee 'Mr/Ms Referee' or 'Your Honour'.
What happens at the hearing?
- When you arrive, you will be asked to wait outside the tribunal room.
- When you are called in, the referee will ask if there is any chance of you settling the matter directly with the trader. If there is a chance, you will be left to negotiate privately with the trader. If you reach an agreement the referee will record the terms of the agreement. If you cannot reach agreement the clerk will take you back to the referee for the hearing.
- Witnesses wait outside the room until called.
Telling your story and presenting your evidence
- You will be asked to swear an oath or make an affirmation that you will tell the truth. Giving false evidence in the Small Claims Tribunal is a criminal offence.
- When you are called to speak before the referee make sure you speak clearly and be guided by what the referee asks you to do. Be ready to tell your story and present your evidence as you have prepared it.
- If you mention an important fact that a witness can support, tell the referee you have a witness who can talk about this point later.
- The referee may stop you at any time to ask a question. When you have finished, the trader may also question you.
Your witnesses give their evidence
- You call your witnesses one at a time. Each will swear or affirm to tell the truth. You can then ask your witness questions so they can tell the referee what they know about the dispute. For example, if the witness is there to support your story about something the trader told you, you could ask: "Do you remember when you came with me to [Traders' Business Name], to try and sort out the problem with
[whatever]. Can you tell the tribunal what happened?" - The referee may question your witnesses at any time while they provide their evidence.
- Once you have finished questioning the witnesses the trader may also question them.
The trader provides their evidence
- When all your witnesses have finished giving their evidence, the trader will take an oath or affirm to tell the truth and give their side of the story.
- The referee may question the trader. You may not interrupt, but you should take notes of things you disagree with so you can raise them later. Once the trader finishes their side of the story, you can ask questions.
The trader's witnesses provide their evidence
- The trader's witnesses are called one at a time and may be questioned by the trader.
- The referee may question the witnesses at any time while they provide their evidence.
- Once the trader has finished questioning the trader's witnesses you may also question them.