Self Help Kit - Directions

Directions

The Tribunal makes Directions setting out the steps that have to be taken in order to prepare for a Final Hearing.

The Tribunal is required to conduct itself in a way that will enable costs or delay to be reduced and will help to achieve a prompt hearing of the matters at issue between the parties.

What are Directions?
What Directions will be made?
Further/Other Directions if a complaint does not settle at the Conciliation Conference
What if I cannot comply with the Directions made by the Tribunal?

What are Directions?

Directions are orders made by the Tribunal about the steps the parties must take to prepare for the Final Hearing.
Directions are orders of the Tribunal and the parties must comply with them.
The Tribunal often tells the parties what orders have been made in a letter. Sometimes, the Tribunal will make the orders after a Directions Hearing.

What Directions will be made?

The Tribunal can make whatever Directions it thinks are appropriate for a particular complaint.

In the first letter sent to each party with the Referral Report, the Tribunal makes initial Directions about what steps must be taken. The directions depend on whether the complaint is classified by the Tribunal as simple, middle range or complex, and whether the complaint is about Disability Access.

For simple matters, a Registrar’s directions hearing is usually held by telephone approximately 2 weeks after the referral report is received. Both parties are expected to participate.

During this directions hearing, the following initial directions will usually be made:

initial directions table
Who	Direction	Date to be completed
Complainant	File and serve: Complainant’s Contentions List and copies of any and all documents directly relevant to the complaint List of witnesses to give evidence at the hearing	Within 4 weeks after the initial directions hearing
Respondent	File and serve: Respondent’s Contentions List and copies of any and all documents directly relevant to the complaint and to the allegations in issue in the contentions List of witnesses to give evidence at the hearing	Within a further 4 weeks
All parties	Participate in a conciliation conference	Within a further 4 weeks

Middle range matters

The following Initial Directions are usually made for middle range matters, and are contained in a letter sent to the parties:

directions table - middle range matters
Who	Direction	Date to be Completed
Complainant	File and serve: Complainant’s Contentions List and copies of all documents directly relevant to the complaint All Witness statements that the complainant intends to rely on at the final hearing	Within 6 weeks after the directions are made
Respondent	File and serve: Respondent’s Contentions List and copies of all documents directly relevant to the complaint and to the allegations in issue in the contentions All Witness statements that the complainant intends to rely on at the final hearing	Within a further 6 weeks
All parties	Participate in a conciliation conference	Within a further 4 weeks

Complex matters

The following initial directions are usually made for complex matters, and are contained in a letter sent to the parties:

directions table - complex matters
Who	Direction	Date to be Completed
Complainant	File and serve complainant’s contentions	Within 4 weeks after the directions are made
Respondent	File and serve Respondent’s Contentions	Within a further 4 weeks
All parties	Participate in a conciliation conference	Within a further 4 weeks

In addition, for all complaints regarding Disability Access, the parties are required to file an estimate of the cost of any proposed adjustments for accessibility purposes, and supporting documents.

Further/Other Directions if a complaint does not settle at the Conciliation Conference

Further Directions can be made if a complaint does not settle at the Tribunal Conciliation Conference, in one of the following ways:-

Sometimes the parties can agree what further Directions should be made at the end of the Conciliation Conference. The conciliator can explain the kinds of steps which could be taken and can help the parties see whether they can agree about the steps. The Tribunal will then write and confirm the further Directions which have been made 'by consent'.
The Tribunal may write and tell each party what further Directions have been made.
The Tribunal may set the matter down for a Directions Hearing.

What if I cannot comply with the Directions made by the Tribunal?

Directions can be changed in one of 2 ways:-

By the parties agreeing to the changes. This is called 'varying the orders by consent'.

To do this, you need to contact the other party (or their representative) and ask if they will agree to the changes you want. If they do, then both parties need to tell the Tribunal Registry about the changes.

Please note that the arrangements for the Tribunal Conciliation Conference usually cannot be changed. If you agree that you want to change the arrangements for the Conciliation Conference, you will need to speak to the Tribunal Registry to see if this is possible.

By a further order made by the Tribunal

If you want the Tribunal to decide whether the orders should be changed, you can write and ask that the complaint be listed for a Directions Hearing.

The Tribunal will then hear from both parties at the Directions Hearing and decide what changes, if any, should be made to the existing Directions. Depending on when Tribunal Members are available, it may be a month or so before the complaint can be listed for a Directions Hearing.

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