CONTENTIONS

The Initial Directions of the Tribunal will usually require the parties to file and serve their Contentions.

The main object of Contentions is to set out the facts and law upon which the parties intend to rely in support of the complaint or response. It also sets out the Orders each party is asking the Tribunal to make, and why.

This should result in identification of the issues of fact and questions of law that require determination by the tribunal, and clarification of what each party is asking the Tribunal to do.

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Complainant’s Contentions

The purpose of the Complainant’s Contentions is to state why you believe the facts set out in your complaint to the Anti-Discrimination Commission amount to discrimination under the Anti-Discrimination Act 1991(Qld), and the orders you want the Tribunal to make.

The Complainant’s Contentions must only refer to the facts alleged in the Complaint to the Anti-Discrimination Commission Queensland. You cannot raise new allegations of discrimination in the Contentions.

It will be helpful for you to look at your complaint that you made to the Anti-Discrimination Commission Queensland when you are preparing your Contentions, to ensure that your Contentions are consistent with your Complaint and no new allegations of discrimination are raised.

Typical information in the Complainant’s Contentions might include:

• A background of the relationship between the parties
• Describe what happened OR confirm that you are relying on the facts set out in the complaint.
• To the best of your ability, explain why you believe the Respondent has discriminated against you with reference to the relevant sections of the Anti-Discrimination Act.
• Set out what has happened to you as a result of the discrimination, for example, psychological injury, loss of income, hurt and humiliation
• State the orders you want the Tribunal to make.

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Respondent’s Contentions

The purpose of the Respondent’s Contentions is to say which facts are agreed, not agreed or disputed, answer the allegations, and set out any defence or exemption relied on . A typical outline might be:

• Identify the facts that are agreed, not agreed and disputed
• Describe the respondent's version (if any) of what happened
• Address the elements of the alleged contravention of the Act
• State any response to the alleged consequences
• Address the elements of any defence or exemption
• Set out any alternative orders that you want the Tribunal to make e.g.costs; that the complaint be dismissed.

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