How to Respond to a Disputes Tribunal Claim
Last updated 3 September 2026 · 6 min read
Quick answer
If you've been named as a respondent, you'll get a notice of hearing at least eight working days before the date, which serves as your notification of the claim. You can try to resolve it directly with the applicant, file a counterclaim if you believe you're owed money too, or prepare to put your case to the Referee yourself, since lawyers generally aren't allowed without permission. Missing the hearing risks a decision being made against you in your absence. Once made, an Order is binding, with only a free rehearing (20 working days) or a limited District Court appeal for unfair process available afterward.
Being named in a Disputes Tribunal claim can feel sudden, since there's no formal defence document to file the way there is in court. The process is deliberately informal, but that doesn't mean it's low-stakes: the Tribunal can make a binding Order whether or not you show up, so knowing your options early matters.
Step 1: Understand what the notice of hearing means
Unlike a court claim, the Disputes Tribunal doesn't send you a separate document to acknowledge before things start moving. Instead, you receive a notice of hearing, sent at least eight working days before the hearing date, which doubles as your notification that a claim has been made against you (you're the 'respondent') and tells you when and where it will be heard. Check the applicant's name, the amount claimed, and what it's actually about; if the claim doesn't belong at the Disputes Tribunal at all, for example a residential tenancy dispute that belongs at the Tenancy Tribunal instead, that's worth raising early.
Step 2: Try to resolve it directly before the hearing
Nothing stops you contacting the applicant directly once you've received the notice, whether to settle, negotiate a lower figure, or clear up a misunderstanding that shouldn't have reached the Tribunal at all. If you do reach an agreement, tell the Tribunal straight away so the hearing can be withdrawn or adjourned; turning up to a hearing that's already been resolved wastes everyone's time, including yours.
Step 3: File a counterclaim if you believe you're owed something too
If you think the applicant owes you money over the same dispute, for example they're claiming for unpaid work but you say the work was faulty and cost you money to fix, you can file a counterclaim. Do this as soon as possible after receiving the notice, since a timely counterclaim gets heard alongside the original claim at the same hearing rather than requiring a separate one. Set out your figure and reasoning with the same clarity you'd expect from the applicant's claim.
Step 4: Prepare your evidence for the hearing
Disputes Tribunal hearings are run by a Referee, not a judge, and in most cases neither side can bring a lawyer to speak for them without the Tribunal's permission, so you'll be presenting your own side directly. Bring your evidence organised and ready: receipts, photos, messages, contracts, anything that supports your account. The Referee will ask questions of both sides rather than run a formal cross-examination, so a clear, chronological account of what happened matters more than legal language.
Step 5: Know what happens if you can't attend
If you simply don't turn up, the hearing can go ahead without you and a decision can be made against you based on the applicant's evidence alone. If you genuinely can't attend, contact the Tribunal as soon as possible; they may postpone the hearing, particularly if you can show the conflict was already planned before you knew the hearing date. If you live more than 100km from where the claim is being heard, you can apply to appear by telephone instead, and the Tribunal covers the cost of that call.
Step 6: Know your options if the decision goes against you
A Disputes Tribunal decision is an Order, and it's legally binding once made. You can apply for a free rehearing within 20 working days if you believe something went wrong with how your case was heard; the same Referee decides whether to grant it, and a different Referee usually hears it if granted. Separately, you can appeal to the District Court within 20 working days, but only on the basis that the hearing itself was conducted unfairly, not simply because you disagree with the outcome. There's no general right of appeal beyond that.
A worked example
A tradesperson files a Disputes Tribunal claim against a homeowner for $3,200 in unpaid work. The homeowner receives the notice of hearing and believes part of the work was faulty, costing $500 to fix elsewhere. They contact the tradesperson directly, but no agreement is reached, so they file a counterclaim for $500 as soon as possible so it's heard at the same hearing. At the hearing, the homeowner brings photos of the faulty work and an invoice from the person who fixed it. The Referee awards the tradesperson $2,700, the original amount less the $500 counterclaim.
This guide is general information, not legal advice, and Tribunal procedures and timeframes 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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