What Happens at an ACAT Hearing: Civil Dispute Stages, What to Bring and What to Say

An ACAT civil dispute usually starts with a short directions hearing, may go to a private conference where the two sides try to agree, and goes to a final hearing if they do not. At the final hearing the applicant speaks first, then the respondent, the Member may ask questions, and the decision is given on the day or later.

If you want to walk in knowing what you will say, Claim Done drafts a hearing script from your answers for a flat A$29: your opening, what happened in date order, your answers to the other side’s points and your closing.

The stages of an ACAT civil dispute

This guide picks up after the application and the response are in. If you have not got that far, see our pages on making an ACAT application and responding to an ACAT civil dispute.

Under ACAT’s civil dispute process, the case is listed for a directions hearing after the response is due. Each party or their representative must attend, in person or remotely. If a party does not take part, ACAT may make final orders without hearing from them. Where the claim is disputed, ACAT may make final orders, or list a conference, a conference and evaluation, a conference and immediate determination, or a directions hearing or short hearing.

Directions hearing

At a directions hearing a Member or Registrar sets out what you must do and by when. Bring your documents, evidence and any letters from the other side or ACAT. If you do not attend, your application may be dismissed or orders made in favour of the applicant.

Conference

A conference is a private meeting at ACAT where each side explains its case. The convenor cannot make the decision for you. If you agree, the convenor can make orders that day to reflect the agreement. If you do not, the case is listed for a hearing in front of a different Member on a later date.

Conference and evaluation

For a conference and evaluation you prepare a summary statement (no more than three pages, marked confidential) for the convenor and the other side, and a separate statement for the convenor only. Both go in at least seven days before. With no agreement, the case usually moves to a directions hearing the same day.

Mediation

If your case is listed for a mediation, ACAT suggests preparing an opening statement that sums up your view and how you want the dispute resolved, and bringing documents such as invoices, photographs and receipts.

What happens at the final hearing

ACAT describes a usual order for a final hearing, which can vary with the Member:

1. The applicant gives their side of the story and may present documents or witnesses.
2. The Member may ask the applicant and their witnesses questions. The respondent can ask questions too.
3. The respondent gives their side of the story, with any documents or witnesses.
4. The Member may ask the respondent and their witnesses questions. The applicant can ask questions too.
5. Both sides may be asked what orders they think should be made, and why.

The room may hold the parties and any representatives, one or more Members, an ACAT staff member, witnesses while they give evidence, a support person, an interpreter and members of the public. If the case is set down for more than one day, the applicant pays a hearing fee.

Do you need a lawyer?

No. ACAT says you do not have to be represented, but you can choose to be. Your representative can be a lawyer, or a trusted family member, friend or agent you authorise on ACAT’s form. Free legal advice or duty lawyer services may be available.

You can also bring a support person for reassurance. Choose someone who is not a witness in the case.

How to address the Member

Each ACAT Member has a name plate showing their title and name. ACAT’s guide is “Member” for an Ordinary Member and “Senior Member” for a Senior Member. You can ask the Member at the start of the hearing how they would like to be addressed. At a conference, a Member sometimes asks to be called by their first name.

What to bring and how to prepare

• Lodge your evidence first. Before you attend, you must have lodged with ACAT and given the other side every document you plan to rely on (see remote or in person attendance). If evidence is late, the Member may not consider it.
• Put your papers in order. ACAT asks for documents in a logical order with page numbers, and photos and attachments clearly labelled.
• Know your dates. A timeline lists events in date order with the documents that support each one.
• Outline what you will say. ACAT’s checklist includes an outline of any submissions you want to make.
• Plan the day. You can attend in person or remotely unless ACAT orders otherwise. ACAT prefers video to phone. Remotely, be in a quiet, private place with a charged device. In person, ACAT is at Allara House, 15 Constitution Avenue, Canberra City; allow plenty of time on paid parking.

What the hearing script looks like

The script is your own speaking notes to read from and adapt. It is not lodged with ACAT and is not evidence. Its headings are:

1. Before you go in: practical points for ACAT, such as how long a conference usually takes.
2. How to address the Member: a reminder to ask at the start.
3. My opening: about a minute. Who you are, your side, what the dispute is about, the amount and the orders you want.
4. What happened, in order: one short line per fact, by date.
5. The amount and how it adds up: each amount, then a total, if your case is about money.
6. My documents: each document you listed and what it shows.
7. What they are likely to say, and my answer: if you tell us their points.
8. Questions the Member may ask: with your short answers.
9. My closing: about thirty seconds.
10. On the day: three reminders, such as letting the other side finish.

After the hearing: orders, reasons and appeals

You may get the decision on the day, or the Member may reserve it and give it later. Once the hearing ends, you cannot hand up more documents, evidence or submissions unless ACAT orders it. ACAT gives each party a typed copy of the order by email or post.

• Reasons: you can ask for a written statement of reasons within 14 days after the order. Hearings are recorded and you can ask to buy a transcript.
• Appeal: an appeal must be lodged within 28 days after the decision. Asking for reasons does not extend that time.
• If the order is not followed: ACAT does not enforce its own orders. Enforcement happens in the courts.
• If you missed it: when a decision was made without you there, you can apply to set it aside as soon as possible. There is no fee for that application.

Mistakes to avoid

• Bringing new documents on the day that you never lodged or gave to the other side.
• Assuming an adjournment will be granted. ACAT grants them sparingly, and unless ACAT tells you otherwise you must still attend.
• Telling your story out of order. The Member may ask you questions, so know your dates and amounts.
• Forgetting to say what orders you want. Both sides may be asked exactly that.

ACAT staff give procedural information, not legal advice, and you present your own case. To have your opening, facts, answers and closing set out in plain words before the day, start your hearing script.