Hearing Process
Overview of the hearing process of the Accident Compensation Appeal Authority.
Below is an overview of what happens at hearings of the Accident Compensation Appeal Authority, including hearing process, how to prepare, and what happens after the hearing.
Presenting your case
You may choose to present your own case, or have a lawyer or an advocate present it for you. An advocate may be a lawyer or an experienced person who knows the process and who can help you to clearly put your case forward.
If you do use a lawyer, you may be entitled to a legal aid grant to help with legal costs. A lawyer, your local Citizens Advice Bureau, or Community Law Centre can advise on this.
Before the hearing
Once you have filed your notice of appeal you will need to send a copy to ACC.
You will then need to prepare a written submission that outlines the details supporting your case. You will need to send a copy to ACC.
ACC will then need to prepare a written submission that outlines the details supporting their case. ACC will send you a copy of their submission.
Phone conference and directions hearing
A phone conference may be held before the hearing to make sure all parties have all the information they need for the hearing. We may also organise a directions hearing to ensure progress is being made on the case.
Documents
You will need to prepare a range of documents for the hearing. This should be done in conjunction with ACC so that an agreed bundle of documents is presented to the Authority. If both parties agree, hearings can be heard 'on the papers'. This means the Chairperson will make a decision based only on written submissions, without the parties being present.
Time and place
We will advise you of the day and time your case is set down for hearing. You will be given at least 10 days' notice. Hearings are formal and held in public, unless you request a private hearing in advance.
Failure to follow court orders
If court orders are not met they will be reported to the Authority. Parties who have failed to meet time obligations must provide details of the steps taken to progress the appeal. Failure to comply with court directions may result in your appeal being dismissed.
Who attends the hearing
- You and your lawyer or advocate (if you have one)
- ACC's representative
- Any other parties to the case
What to bring to a hearing
- A copy of your submissions
- A copy of ACC's submissions
- Paper and a pen
Hearing process
- You or your lawyer will present your case. If you have obtained permission from the Authority, you may call witnesses and ACC can ask questions of them.
- ACC presents the reasons for their original decision.
- The Authority may ask some questions.
The decision
The Authority will issue a written decision as soon as possible. You will be sent a copy. If you are unhappy with the decision, you can ask the Authority for permission to appeal the decision to the High Court on questions of law. That is, if you think the Authority got the law wrong when it made its decision.
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