Where are you and what hours are you open?
What do I call the Tribunal members?
Can I represent myself?
Can I be represented by a legal practitioner or an agent?
How do I issue a summons?
What form(s) do I use to submit an affidavit or statement?
How do I file documents?
How many copies of documents do I have to have?
How do I get a copy of a decision?
Where are you and what hours are you open?
Our address is: - Level 15, 111 Elizabeth Street Sydney.
You will find us next door to David Jones women’s store on Elizabeth Street, Sydney. That is between Market and King Streets. The nearest train stations are St James and Martin Place.
We are open from 9:00am until 5:00pm, Monday to Friday.
Documents may be filed and phone enquiries made during these hours.
To access our location map select this link
What do I call the Tribunal Members?
There are several acceptable ways to address the Tribunal Members. If in doubt call them by their family name eg Mr or Ms Smith.
Other options are:
1. If the Tribunal Member is a Judge, Acting Judge or a Magistrate, you can call them “Your Honour”
2. If the Tribunal Member is the President or a Deputy President, you can call them “President” or “Deputy President”
3. If the Tribunal Member has a title such as Professor, you can call them “Professor Smith”
4. In all other cases, call the Tribunal Member by their family name for example “Mr or Ms Smith”.
5. It is also acceptable to call the Tribunal Member “Member Smith”.
Each member will have their name plate in front of them.
Can I represent myself?
Yes, the Tribunal’s procedures are designed to help persons that are not legally represented.
Section 71(1)(a) of the Administrative Decisions Tribunal Act gives you the right to appear before the Tribunal without representation.
Can I be represented by a legal practitioner or an agent?
Yes, you can have a legal practitioner or agent representing you. You have to ask the Tribunal's permission to be represented by an agent. Both you and the agent need to sign the Notice of Representation. If you have a legal practitioner representing you they will complete the Notice of Representation for you.
The Notice must be filed in the registry and sent to the other party(ies) to the proceedings. An agent must ask for the Tribunal’s permission the first time the matter is listed after the Notice is filed.
How do I issue a summons?
Practice note No.7 explains how to file and serve a summons.
What form(s) do I use to submit an affidavit or statement?
There is no prescribed form under the ADT Act or Regulations. However, if you contact the Registry they can provide you with an example of an affidavit or statement. Copies of the example affidavit or statement can be obtained from our website at www.lawlink.nsw.gov.au/adt.
Please ensure that the names of the parties, the Division and file number are clearly recorded on the affidavit. An Affidavit must be sworn/ affirmed in front of a Justice of the Peace or a Solicitor.
You are required to file sufficient copies of the affidavit and any attachments for the Tribunal and all parties.
How do I file documents?
Your application form can be filed in person at the Registry or by post. The Tribunal does not accept filing by facsimile or email. A copy of the application form will be served by the Tribunal on the other party(ies).
How many copies of documents do I have to have?
For applications filed under Part 3 of the Commission for Children and Young People Act 1998 in this Division:
· the original for the Tribunal’s file, plus
· A copy (ies) for each party to the proceedings.
For all other applications filed in this Division:
· the original for the Tribunal’s file and a copy for each member sitting on the case (4 in total), plus
· A copy(ies) for each party to the proceedings.
If you are unsure please contact the Registry.
How do I get a copy of a decision?
The Tribunal’s written decisions are routinely published on the Tribunal’s website www.lawlink.nsw.gov.au/adt.
The written decision should be available on the Internet within 48 hours of the decision being given to the parties.
If you are searching for a recent decision, click on Most Recent Decisions. If the decision you are looking for is not shown under Most Recent Decisions you can use the search options by clicking on either Quick Search or Advanced Search. For assistance on our how to use the search options you can click on the Search Guide.
Alternatively, you can search for decisions under the Division of the Tribunal they were made in any given year. This will give you the option of a search under most recent cases (cases delivered in the last 50 days), by decision number, view case names or by decision category.
Please note that if the decision you are looking for is not available it may be because:
· the decision was made before the commencement of the Administrative Decisions Tribunal’s jurisdiction,
· the decision has a suppression order and therefore will not be published, or
· the decision is an oral decision.
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