What Happens at a Disputes Tribunal Hearing
Last updated 4 September 2026 · 6 min read
Quick answer
A Disputes Tribunal hearing is private, informal, and run by a Referee rather than a judge, with lawyers generally not permitted. Each side explains their view, the Referee asks questions of both, and you can bring witnesses and organised evidence. You can attend by phone or video if you're 100km or more away and the Referee agrees. Costs generally aren't awarded against either side except for frivolous claims or deliberate delay, and the decision is either given on the day or issued in writing, usually within 14 days.
Whether you're the one who filed the claim or the one responding to it, walking into a Disputes Tribunal hearing without knowing what to expect makes an already unfamiliar process feel harder than it needs to be. The format is deliberately simple once you know the shape of it.
Step 1: Know the hearing is private and informal
Unlike a court hearing, Disputes Tribunal hearings are closed to the public and the media, so it's just you, the other party, and the Referee (plus any witnesses when they're giving evidence). Neither side can bring a lawyer to speak for them without the Tribunal's specific permission, which is rarely given, so you'll be presenting your own case directly rather than through representation.
Step 2: Understand who runs it and how it starts
A Referee runs the hearing, not a judge, though most Referees are legally qualified and their decisions are just as binding as a court order. At the start, the Referee introduces everyone present and explains how the hearing will run, so you're not left guessing at the process as it unfolds.
Step 3: Prepare your evidence and any witnesses in advance
Bring your evidence organised and ready to hand over: receipts, photos, messages, contracts, anything that supports your account of what happened. You can bring witnesses to give evidence in person, and it's worth briefing them beforehand on exactly what they saw or know, since the Referee will likely ask them direct questions rather than let them read a prepared statement.
Step 4: Know what happens once the hearing gets underway
Each side gets a chance to explain their point of view in their own words, after which the Referee may question either side directly and can invite you to question the other party as well. This isn't a formal cross-examination in the courtroom sense, the Referee steers the process and keeps it focused on establishing what actually happened rather than legal argument.
Step 5: Attend by phone or video if you're eligible
Hearings can be conducted using videoconferencing or by telephone where the Referee is satisfied it's appropriate, most commonly used where a party lives 100km or more from where the claim would otherwise be heard. If distance is a genuine barrier for you, raise this with the Tribunal ahead of the hearing date rather than assuming you have to travel.
Step 6: Understand the costs rules going in
As a general rule, the Tribunal doesn't award costs against either party, regardless of who wins, so you won't be ordered to cover the other side's expenses simply for losing. The exceptions are narrow: a Referee can order costs where a claim was frivolous or vexatious, or where a party deliberately prolonged the proceedings to obstruct a prompt resolution. Separately, if your own claim succeeds in whole or in part, the Referee has discretion to order the other party to repay your filing fee, though this isn't automatic.
Step 7: Know when and how you'll get the decision
The Referee may give an oral decision at the end of the hearing itself, or reserve it and issue a written decision afterward, most commonly within 14 days. Either way, the written order sent to both parties sets out exactly what has to happen, how much is to be paid or what property returned, and by when, see our guide on paying off a Disputes Tribunal order once you know what's required of you, or the enforcement guide if you're the one owed the money.
A worked example
A claimant seeks $1,500 for a faulty appliance that stopped working weeks after purchase. At the hearing, the Referee introduces both parties and explains the process, then invites the claimant to explain what happened, followed by the retailer. The claimant produces the receipt and a repair quote, and the Referee asks the retailer directly why the fault wasn't covered under warranty. The Referee gives an oral decision at the end of the hearing, awarding the claimant $1,500, with a written order confirming the amount and payment deadline sent out shortly after.
This guide is general information, not legal advice, and Tribunal procedures can change. LawClaims is a document preparation tool, not a law firm, and no solicitor-client relationship is formed by using it or reading this page. For advice on your specific situation, consider a free service such as Community Law or Citizens Advice Bureau, or a lawyer.
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