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Processing of a claim - general

How long will it take for the Commission to issue a decision?

The time taken to make a decision is influenced by various factors, for example: how many other matters the member must deal with; or, the complexity of the matter; and, the amount of evidence to consider. Although most decisions are issued from between one to three months after hearing they may take longer. If three months have not passed since the hearing of your matter please do not ask the registry or the Commission how much longer it will take for a decision to be issued.

How long will the hearing itself take?

It will depend on the matter itself. It will largely depend on the number of witnesses the Commission must hear from, how long each witness will provide evidence for, how long the cross-examination of each witness will take; how organised the parties are in calling witnesses, etc. In most cases the Commission will have asked the parties how much time they estimate will be required for the matter to be heard.

Does my matter have to proceed to a hearing?

Not necessarily. Sometimes it will be possible for you to settle your matter with the other party – this may happen after a conciliation, or after further discussions with the party after more information has been exchanged between the parties.

How long does it take to settle a claim?

If a matter is to settle as a consequence of a conciliation conference, it will become clear on the day of the conference or shortly thereafter if a period is requested by either of the parties to consider any proposed terms of settlement.

How long do I have to wait before the matter is heard?

It will depend on the member's and all parties' availability. An uncomplicated matter can be dealt with by way of a conciliation conference and can be completed within a month on average. More complex matters that need to proceed to a hearing before a member will take longer depending on the workload of the member.

What happens if one of the parties does not turn up to a conference or hearing?

The Commission will consider the reason for the non-attendance. It may hear and determine the matter in the absence of that party.

I live in the country, can my matter be heard there?

Sometimes. Generally, if you are based in the country you can appear at a conference by telephone. However, for the hearing, the Commission will travel to the country if it is more convenient for the parties. It is your responsibility to bring it to the Commission's attention that you are based outside of Brisbane. The Commission will determine if it travels for your matter.

The Commission regularly travels to regional centres and smaller towns. However, because regional courthouses are used by other tribunals and courts there can be a delay in proceedings until there is sufficient time and space for the matter to be heard by the Commission in some places.

How will I know when my conference or hearing is?

The date for your conference or for your hearing will be sent to you in a Notice of Listing. Sometimes the date of the conference or hearing will also be contained in directions order which is sent to you.

What is a directions order?

A directions order sets out the conduct of the matter and who will have to do what and when. You, and the other parties, must comply with the directions order. Failure to comply with a directions order can have negative consequences for your matter.

Last updated 26 September 2018