By Andrew Steele - 13 Dec 2013
The Government has just announced it is proposing to increase
the size of claims that may be determined by the Disputes
Tribunal. The proposal is to increase the present limit of
$15,000 to $30,000.
Other significant changes may include:
- requiring hearings to be open to the public and the media
- requiring referees to give reasons for their decisions in
writing
- publishing decisions online.
There is no suggestion of any change to the present obligation
on Disputes Tribunals to determine disputes according to the
substantial merits and justice of a case. Neither is there
likely to be a change regarding the requirement that the
Tribunal must have regard to the law, but not be bound to give
effect to strict legal rights or obligations or to legal forms or
technicalities.
An increase in the financial limit presents clients with the
opportunity to pursue significant claims without the disincentive
of hefty legal bills. The prospect of not having to face high
powered lawyers or being tripped up by legal technicalities is also
attractive.
In order to maximise this opportunity, we recommend clients seek
legal advice about how best to present their case to the Disputes
Tribunal in terms of:
- presentation of the evidence
- calling and questioning of witnesses
- structuring the arguments including the use of, and reference
to, relevant law
all with an eye to maximising the "substantial merits and
justice of the case".
Call or email us. Our litigation
team will be happy to assist you.