​If you were absent for a Consultation or Hearing and a default order was made against you, you may wish to apply to have the order set aside. The application must be made within 1 month after the date on which the order was made.

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How to apply to set aside an order

For claims filed before 10 July 2017 (Manually): You may fill out the "Application to Set Aside" Form and file it with the Tribunals. Both parties will be notified of the date and time fixed for the hearing of the application. If you are absent for the Hearing of the application, the application may be dismissed and you may be precluded from filing any further set aside applications.

For claims filed on or after 10 July 2017 (CJTS): Login to CJTS and complete the e-service "Set Aside Application" under "Online Applications". A date and time will be scheduled by the registry for both parties to attend accordingly at the Tribunals. Print a copy of the "Notice of Hearing to set-aside" document online and attend at the Tribunals on the stated date and time. If you are absent for the Hearing of the application, the application may be dismissed and you may be precluded from filing any further set aside applications.

Hearing of the Set Aside application

Filing an application to set aside does not mean the order will be automatically set aside. A decision will be made at the hearing of the application along with such orders or directions as the Tribunal or the Registrar sees fit.

At the Hearing of the application to set-aside the Registrar/Referee hearing the application will decide whether to allow the application. You should bring all necessary evidence (if any) to support your application. If the Application is allowed the Registrar/Referee will then proceed with the Consultation/Hearing. If the Application is dismissed, the previous Order of Tribunal will stand.

Note: The filing of the application does not operate as a stay of any enforcement proceedings that may have already been commenced based on the default order.

Last updated on: 15/10/2018 12:18 PM

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