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We may ask you to take part in different types of case events. The type of case event we will ask you to attend will depend on:
- the decision you have asked us to review and
- the stage of your review application.
We will write to you to tell you which type of hearing or case event has been scheduled, and what it will be about.
Our different types of case events are:
- case management events, such as directions hearings and interlocutory hearings
- dispute resolution events, such as conferences and conciliations
- hearings.
Case events are conducted by Tribunal members or registrars.
- Tribunal members are the decision makers of the Tribunal. They hear and decide cases in accordance with the law and evidence presented. Members are appointed by the Governor-General of Australia. Access the list of statutory appointments
- Registrars are tribunal staff members authorised to conduct some types of case events and exercise some powers of the Tribunal. Registrars are appointed by the Tribunal’s Principal Registrar.
What happens if I don't attend a case event?
We might:
- dismiss the application if you are the applicant, meaning it will be brought to an end, or
- remove you as a party to the review if you are not the applicant and proceed with the review, or
- make a decision without you.
If the application is dismissed because you did not attend a case event you can ask us to reinstate the application. This request must be made within 28 days after you were notified that the application was dismissed.
If the application is not reinstated, the decision remains the same and we cannot review it.
Case management
A case management event, usually a directions hearing or interlocutory hearing, is a brief hearing to discuss procedural issues or to talk about a single issue in the review.
After the directions hearing or interlocutory hearing, we may prepare a timetable to schedule the next steps in the review. This may include a conference, conciliation, or hearing.
Directions hearings are brief discussions to deal with procedural matters or clarify issues. A directions hearing may also be held to progress a matter where a party has not complied with a legal requirement or with a direction made by us.
A directions hearing can happen if you, the decision-maker or another party ask for it, or if we decide it is necessary. It may be held at any time during a review and will be conducted by a Tribunal member or registrar.
Interlocutory hearings are brief hearings conducted by a Tribunal member to deal with issues such as:
- whether we have jurisdiction (or the power) to deal with your application
- extensions of time
- questions about the relevant law
- summons objections.
Dispute resolution
A dispute resolution event is about helping parties in a review agree on how a case should be resolved. The most common dispute resolution events we use are conferences and conciliations. Dispute resolution processes are mostly managed by registrars, rather than Tribunal members.
A conference is an informal, private discussion arranged by us to talk about your review. Conferences are held in some types of reviews and result in many cases resolving at this stage. They are usually conducted by a registrar and may be attended by:
- you and/or your representative, such as a lawyer or advocate, if you have one
- a representative of the original decision-maker
- any other party to the review.
You can also bring a support person such as a friend or family member if you want.
You do not need a lawyer to represent you at a conference. However if you want legal advice or representation you should arrange this before the conference.
You should read through all the documents you have been given before the conference, including the T documents. You should also think about what other evidence might be relevant to your case and where possible:
- send it to us and the other party before the conference, or
- make arrangements to obtain that other evidence.
At the conference, the registrar will help the parties to:
- talk about why the decision was made and define the issues in dispute
- consider any new evidence, and identify any further evidence that will be gathered
- explore whether an agreed outcome can be reached
- talk about what happens next.
If you and the decision-maker come to an agreement about the decision, the terms of the agreement must be put in writing, signed by all the parties and sent to us. If you are the applicant, you might decide you want to withdraw the application after the conference.
If you do not reach an agreed outcome at the conference we might:
- hold a further dispute resolution or case management event, or
- list the review for hearing.
The registrar might ask or direct you or the decision-maker to give us more information. You must give us any information we ask for by the date we tell you.
If the parties cannot reach agreement, we will list the review for a hearing before a Tribunal member to make a decision on your review.
A conciliation is an informal, private discussion conducted by registrar or Tribunal member to help the parties try to reach an agreement.
A conciliation usually goes for 2-3 hours but they can be longer.
The conciliation must be attended by:
- you and your representative, such as a lawyer or advocate, if you have one
- a representative of the original decision-maker with the authority to discuss and resolve the matter
- the decision-maker’s legal representative, if they have one
- any other party to the review and their representative.
The following people may also attend a conciliation:
- a support person for you, such as a friend or family member
- an interpreter provided by the Tribunal if you need one.
We prefer that you and the decision-maker attend in person or via videoconference, but a telephone conciliation can be arranged if necessary.
You should read through all the documents you have been given before the conciliation, including the T documents. You should also think about:
- what outcome from the review you want
- what you are willing to negotiate and compromise on
and be prepared to participate in the conciliation in good faith and with an open mind.
At the conciliation, the registrar or Tribunal member will help the parties to:
- talk about the issues in the case and decide which issues haven’t been resolved
- talk about the evidence in the case and hear each other’s point of view
- consider the strengths and weaknesses of the case
- consider the alternatives to resolving the matter
- talk about what you and the decision-maker can do to reach an agreement
- set a timetable to put an agreement in place.
If you and the decision-maker come to an agreement about the decision, the terms of the agreement must be put in writing, signed by all the parties and sent to us.
If you do not reach an agreed outcome at the conciliation, we list the review for hearing before a Tribunal member to make a decision on your review. If you are the applicant, you might decide you want to withdraw the application after the conciliation.
Hearings
If the review is not resolved at an earlier stage, we will usually hold a hearing.
The hearing is an opportunity for you to present information and talk about why you agree or disagree with the decision under review.
A hearing with a Tribunal member follows a legal process, and it is important that it is accessible for all parties involved in a case.
For most types of cases, the hearing is an opportunity for you, a representative of the decision-maker and any other party, to present information and arguments about the decision under review.
In immigration and protection visa cases, there will not be a representative of the decision-maker at your hearing.
The hearing follows a legal process but it is informal. It will usually be conducted by one Tribunal member. The member is the person who will make a decision about the review.
We will hold a hearing if the review has not been resolved at an earlier stage in the review process, such as at a conference.
We will write to you to tell you what to do to arrange an interpreter. You can't have a relative or friend interpret for you.
If you tell us before the hearing, we can arrange and pay for a qualified interpreter to attend the hearing.
Read any information we send you
When we send you a letter or email, we will tell you what you need to know about the hearing or case event that is being scheduled. You can ask us if you have a question.