Weathertight Homes Tribunal

The following descriptions apply to terms, processes and procedures within the context of the Weathertight Homes Tribunal only.

Adjudication process

The overall process, involving several stages, through which a member of the Tribunal (the Judicial Officer) receives evidence related to the claim from all relevant people and reaches a decision based on this evidence.

Adjudication on papers

When a claim of $20,000 or less cannot be resolved through mediation, the claimant may apply to the Tribunal for the matter to be adjudicated. A member of the Tribunal will make a decision based on the documents provided by the parties, which is called 'adjudication on papers'. A preliminary conference or hearing is not conducted unless the member decides it is required. (See also ‘Preliminary conference’ and ‘Hearing’ below.)

Assessment reports

The eligibility assessment report and full assessment report are produced by Department of Building and Housing assessors, after a claimant first applies to the Department. The claimant can choose either an eligibility report or a full report. An eligibility report states whether or not, in the assessor's opinion, the claim meets the eligibility criteria under the Act. A full report addresses eligibility and also identifies actual and potential damage from leaks, necessary repairs, the cost of repairs, and the parties that the assessor considers should be involved in the claim process. A full report forms the key evidence for a claim.

Chair's Directions

Detailed and legal statement of the processes and rules for adjudication within the Weathertight Homes Tribunal. For more information see Chair's Directions page

Claimant

Person (or entity) bringing a claim, and the owner (or owners' representative) of the dwelling concerned. (See also ‘Respondent’ and ‘Party/parties’ below.)

Decision

After adjudicating a claim, a member of the Tribunal will make a formal decision on the claim based on the evidence received and heard. The decision sets out who is responsible for the leaks, who should pay the claimant, and how much they should pay. This decision is a public document that is legally binding on all parties. It is distributed to all parties and published in the ‘Decisions’ section of this website. A ‘decision’ is also referred to as a ‘determination’ in the Act.

Eligibility report

See ‘Assessment reports’ above.

Experts' conference

A meeting of expert witnesses, which may include the Department of Building and Housing assessor, to clarify and confirm the technical issues to be adjudicated in a claim.

Full assessment report

See ‘Assessment reports’ above.

Filing

Formal submission of document or evidence to the Tribunal in relation to a claim.

Hearing

A judicial proceeding that is led by the member of the Tribunal assigned to the claim. Hearings are open to the public unless the member of the Tribunal directs otherwise. The purpose is for the Tribunal to clarify and test the evidence and witness statements/reports. The proceedings are recorded.

Lower-value claim

Claim of $20,000 or less in value. (See also ‘Adjudication on papers’ above.)

Mediation

A meeting of parties outside of the adjudication process in an attempt to resolve the issues between the parties. A professional mediator independently facilitates this and the results are confidential to the parties, unless agreed otherwise.

Preliminary conference

A meeting of all parties concerned in a claim, ordered and conducted by the member of the Tribunal. The intent is to speed up adjudication proceedings and ensure compliance by all parties. The member of the Tribunal confirms the details of the claim, the parties, and the matters under dispute, and sets out the schedule of activities.

Order

A direction, procedural or final order given in writing to one or more parties by the Member of the Tribunal, which must be followed.

Party/parties

Person (or entity) who is formally named in a claim, either as a claimant or a respondent.

Registration

Formal acceptance by the Tribunal of an application for a claim, signalling the beginning of the adjudication process at the Tribunal.

Respondent

Person (or entity) against whom a claim is being made.

Serving/service

Copies of all documents and evidence filed with the Tribunal to support a claim or a response to a claim that are supplied ('served') to the other parties to the claim. This 'service' is the responsibility of the party doing the filing, not the Tribunal.

Settlement

Resolution of a claim agreed between parties before the formal adjudication hearing, such as through mediation. A settlement is generally confidential.

Site visits and inspections

The assigned member of the Tribunal may visit (inspect) the claimant's dwelling at any time during the adjudication process. This will be organised with the owner's or occupier's consent and the parties to the claim may also attend. Respondents or their expert advisers are entitled to inspect the claimant's property, but the timing and length of the inspection must be reasonable and arranged by appointment with the claimant or their representative. If this is not possible, inspections may be arranged through the case manager.

Termination

Under certain circumstances, such as proceedings initiated by a claimant in a Court or Dispute Tribunal, the Tribunal may terminate a claim.

Withdrawal

A claim may be withdrawn from the adjudication process by the claimant if all the parties agree to its withdrawal (such as when a claim is settled during mediation), or if the assigned Member of the Tribunal agrees to its withdrawal. The claimant must file an 'application to withdraw' with the Tribunal.