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Minor Proceedings

In a number of cases, if the matter in issue can be ascribed a monetary value of $7,500 or less, the applicant may choose to have it dealt with as a minor proceeding.

The applicant may elect, or choose, at the directions hearing to proceed with:

  • no hearing (the matter will be dealt with on documents);
  • no legal representation; and
  • no appeal.

All parties to the matter must abide by the applicant's choices.

Are there any exceptions?

Yes, the minor proceedings procedure does not apply to certain matters, including vocational, guardianship and administration matters, and where the matters in issue cannot be ascribed a monetary value.

When do I choose?

The SAT recommends that the applicant makes their choices at the first directions hearing, after the benefits and consequences of the options have been explained.

What do the choices mean?

No legal representation - means that no one involved in the matter can be legally represented at any stage of the proceedings.

No hearings - means the Tribunal will base its decision on the documents and there will not be a final hearing.

No appeals - means the Tribunal's decision will be final and cannot be appealed or reviewed.

What's next?

If the applicant elects 'no hearing', the Tribunal member will ask the parties to the application to:

  • pinpoint the real issues; and
  • identify relevant documents for the Tribunal to consider.

If the applicant elects 'no legal representation' or 'no appeal', the matter will proceed as for a directions hearing.

The Tribunal member may ask the parties to:

  • pinpoint the real issues;
  • name key witnesses;
  • state which documents will be tendered as part of their cases;
  • estimate the time it will take to present their cases at final hearing;
  • consider mediation, compulsory conference or a decision based on documents; and
  • suggest which dates are suitable for further hearings.

What orders can the Tribunal member make?

Preliminary orders may be made concerning:

  • mediation;
  • compulsory conference;
  • decision based on documents;
  • final hearing dates;
  • further directions hearings;
  • further information required;
  • witness and expert statements; and/or
  • future conduct of the application.

Final orders  may be made if the:

  • applicants or parties served with the application fail to attend the first directions hearing; or
  • parties consent to the SAT making a final decision.

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