195x Filetype DOCX File size 0.02 MB Source: www.acat.act.gov.au
ACAT: How to prepare a submission. Voice Over Parties in a case at ACAT may be asked to make submissions. Submissions are the legal points that support your case. Submissions can be made verbally at a hearing or in writing, or sometimes both. You need to decide what submissions to make. It is useful to prepare a submission before the hearing – it can help you organise your case and think about what you want to say. In some cases, ACAT may: Direct you to provide written submissions before or after the hearing Ask for submissions on a particular legal issue in a case. This is an example of a direction requiring the parties to make submissions about a legal issue. Graphic on screen Example 1. By 1 April 2022 the applicant is to give the Tribunal and the respondent written submissions about whether clause 22 in the contract (interest on unpaid amounts) is valid 2. By 15 April 2022 the respondent is to give the Tribunal and the applicant written submissions in response. Voice Over When you are preparing your submissions there are some things you should consider. What is your case about? Tell us the facts. Do you know if the other party agrees with your statement of the facts, or do they dispute them? What is the law that you think should be applied in your case. Is there a particular section of an Act that applies to your case? Or is there a decision or judgment that is similar to your situation? For example, in a tenancy dispute the Residential Tenancies Act might apply in your case. Tell us how you think the law applies to the facts in your case and why the Tribunal should decide the case in your favour. Outline the main issues you want the Tribunal to decide in your case. Tell us what orders you want the Tribunal to make. This is an example of a submission about an order you would like the Tribunal to make. Graphic on screen Orders I would like the Tribunal to make 1. The respondent is to pay the applicant $5,000 The applicant is to deliver the white Toyota Camry registration ABC123 to the respondent’s business address by 1/1/22 1 ACAT: How to prepare a submission. To help you prepare your submissions, there is a submission template on the ACAT website that you can use as a guide. For more information on how to make a submission, or Tribunal processes visit the ACAT website at acat.act. gov.au. 2
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