A Consultation is a court proceeding where the Registrar may mediate the dispute between parties and determine whether a claim has been properly brought before the Tribunal. The Registrar can issue orders or give directions including fixing the case for hearing before a Tribunal Magistrate if the parties are unable to reach a settlement.
All parties to a case
must attend the Consultation. Failure to attend the Consultation can result in an adverse order being made against the absent party - if you are a claimant, your claim may be dismissed; if you are a respondent, a default order may be made against you.
Opportunity for settlement
If parties are able to reach a settlement during the Consultation, the Registrar may record a Consent Order to reflect their agreement. This Consent Order is binding.
An order of the Tribunals made on claims filed before 1 November 2019 may be enforced as though it was an order of a Magistrate's Court, while an order of the Tribunals made on claims filed on or after 1 November 2019 may be enforced as though it was an order of a District Court.
A copy of the Consent Order will be provided to parties by the Registrar and/or made available online at CJTS.
Fixing a matter for Hearing
Where parties are unable to settle a matter at the Consultation, the Registrar will give further directions to move the matter along as it deems fit, including ordering further Consultations for the case or fixing the case for a Hearing before a Tribunal Magistrate. The Hearing can occur within
24 hours of the date of the Consultation, unless otherwise directed.
What should I bring?
Originals of all the document(s) uploaded onto CJTS (including a letter of authorisation when representing a company or other entity), as the Tribunals may ask for them to be produced for verification. See
here for a list of the documents to be uploaded on CJTS.
Who may represent me?
- Lawyers are not allowed to represent any of the parties in proceedings before the Tribunals.
- Sole proprietors and individuals who are claimants or respondents must attend in person.
- Companies can only be represented by a full-time employee or a Director, Chief Executive, Manager, Secretary, or other officer of similar authority. A partnership can be represented by a full-time employee or one of the partners.
- A person who is, in the opinion of the Tribunal, unable to present his own case by reason of old age, illiteracy or infirmity of mind or body, mind or body, may be represented by a person who is duly authorised by him in writing or who is approved by the Registrar or a Tribunal.
- The application to be represented by a representative can be filed by logging on to CJTS and choosing the e-service "Application for Representative". The application is subject to the Registrar's or a Tribunal's approval.
Can I be accompanied by a family member, friend or other person at the Consultation?
litigants-in-person may apply under the Community Justice and Tribunals Division (CJTD) Friend
Scheme to be assisted in proceedings before the
Tribunal or the Registrar by a family member, friend, or a volunteer from the
Community Justice Centre or other pro bono agency / entity. Please note that
the CJTD Friend may not provide you with legal advice, manage your case or act
as your agent when dealing with other parties, or address the Tribunal or the
Registrar during the consultation.
This request to be
accompanied by a CJTD Friend is subject to the approval of the Tribunal or the
Registrar. If you wish to make an application under the CJTD Friend Scheme, you
may find out more details here.