Conference and evaluation

What to expect

A conference and evaluation is an informal meeting at ACAT. It usually takes about three hours. It is private and not open to the public.

At a conference and evaluation, you and the other party (or parties) will get a chance to tell your side of the case. You get to talk about the issues that are in dispute. An ACAT Member or Registrar will be the convenor. The aim of the conference and evaluation is to:

decide the issues in dispute
discuss and reflect on how the matter can be resolved
reach an agreement or identify what steps need to be taken before a hearing.

When you attend the conference and evaluation, you will need to:

check in at the ACAT counter and wait for your case to be called
then go into a conference room with a conference convenor, as well as the other party or parties.

Each party is to take part genuinely and constructively, and act in good faith.

How to prepare

There are documents that you need to prepare before a conference and evaluation.

Summary statement

You need to prepare a summary statement. It sets out the issues in dispute and allows each party and the convenor to see what your case is about. You can include:

background information and facts
issues you think are raised by the dispute
issues you consider are not in dispute
other information you think will help the convenor and other party or parties understand the real issues in dispute.

Your summary statement should be no more than three pages in length. You should write ‘confidential’ on the top of your statement.

At least seven days prior to the conference and evaluation, you should give your summary statement to the convenor and the other party (or parties). ACAT will send you information that tells you how to provide your summary statement to ACAT, including the email address you can use.

The summary statement will be read by both the convenor and the other party (or parties) to the dispute.

Statement to the convenor

You need to prepare a statement to the convenor. This is different to a summary statement. It sets out why you have taken the position you have in the dispute and what you would like the convenor to know. It is only given to the convenor of the conference and evaluation. You can include:

the reasons why you have adopted your position and your goals, hopes and objectives for the conference and evaluation
what you think the goals of the other party or parties may be
the possible outcomes of the conference and evaluation, and the best and worst case scenarios for you
the risks to you if the matter continues
the time and preparation involved for you if the matter goes to hearing
any other matter you want to tell the convenor.

Your statement to the convenor should be no more than three pages long. You should write ‘confidential’ and ‘without prejudice’ on the top of the statement.

Your statement to the convenor must be given to the convenor no later than seven days before the conference and evaluation. You will receive information from ACAT that tells you how to do this, including the email address you can use.

Do not provide your statement to the convenor to the other party (or parties) in the dispute.

Other things you need to do to prepare

Before a conference and evaluation, you need to:

read the documents you have been provided and bring any relevant paperwork on the day
consider whether you want to bring a support person and make sure they’re available
get legal advice or representation early (if needed) – legal representatives can attend a conference and evaluation with you
consider whether you need to authorise someone to appear on your behalf, for example, a family member or friend. If so, you must fill in an authority to act for an individual form [PDF 708KB]
if you are representing a corporation, fill in the authority to act for a corporation form [PDF 57KB]
let ACAT know if you need assistance to attend the conference and evaluation, including an interpreter, hearing loop or wheelchair access
allow plenty of time for travel and car parking on the day.

Outcomes

If you reach an agreement, the convenor can make ACAT orders on the day of the conference and evaluation that reflect the terms of your agreement.

If no agreement is reached, the case will usually proceed to a directions hearing on the same day. The convenor will then make directions, telling you and the other party or parties what you need to do before the hearing, including the types of evidence you may need to provide.

Adjournments

It is important that you attend the conference and evaluation. If you cannot, you must request an adjournment. You will be notified if an adjournment is granted. Unless you hear from ACAT that the conference and evaluation has been adjourned, you are still required to attend the conference and evaluation.

Non-attendance

If you do not attend a conference and evaluation, this may result in orders made against you, or your application may be dismissed.

More information

ACAT has more information about:

ACAT rules (see part 2.6, preliminary conferences and mediation)
attending ACAT
remote or in person attendance
advice and representation
what to expect at a final hearing.

Glossary and terms

ACT Civil and Administrative TribunalA tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

Adjourn (or adjournment)To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

Administrative reviewACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

Alternative dispute resolution (ADR)Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

AnorMeans ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

Appeal TribunalA tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

AppellantThe individual or company that appeals an ACAT decision.

ApplicantThe individual or company that brings a case to ACAT, usually by making an application.

Authorising lawsA law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

Calling a witnessA party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

CaseAlso known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

Cross-examinationThe process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

DecisionWhat the tribunal decides or determines about an issue or a dispute. The tribunal may sometimes explain why in a statement of reasons.

Defined benefitsare the following benefits (see section 33 of the MAI Act):

income replacement benefits;
treatment and care benefits;
quality of life benefits;
death benefits;
funeral benefits.

Deliver a decisionAlso ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

DirectionsInstructions that set out what each party must do (and when), often to prepare a case for hearing.

Directions hearingA short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or more parties were not present.

Expert reportA written report from an expert that may be used as evidence.

Expert witnessA person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

Final directions hearingSometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

GuardianA guardian is a person ACAT appoints to make personal decisions, about health, welfare and where a person lives, for a person who has impaired decision-making ability (the ‘protected person’).

Handed upGiving documents to an ACAT Member or Registrar in a hearing.

In chambersWhen ACAT considers something without holding a hearing.

Joined party (joined/joinder)A party who was not originally a party to the dispute but has later been added to the case.

JurisdictionACAT’s authority (power) to deal with, hear and decide applications (cases).

LeaveIf someone asks for leave, they are usually asking for permission to do something.

List (or listing)A schedule (or list) of cases to be heard at ACAT each day.

Listing noticeA letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

ManagerA manager is a person ACAT appoints to make decisions, about property and money, for a person with impaired decision-making ability (the ‘protected person’).

MAI ActMotor Accident Injuries Act 2019 (ACT).

MediationA private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

Notice to partiesA letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

Opening statementUsually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

OrderA direction or instruction of the tribunal that a person do a certain thing. The tribunal can make different types of orders depending on the case type and the tribunal’s powers in a case or dispute.

Originating applicationAn application that starts an ACAT case.

Party or partiesAn individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

Preliminary conferenceA private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

Protected personA person who has impaired decision-making ability and about whom an application to ACAT may be made seeking orders under the Guardianship and Management of Property Act 1991 or the Power of Attorney Act 2006.

RegistryThe administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

Relevant insurerfor a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

RepresentativeA person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

Reserved decisionWhen an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

RespondentThe party (or parties) against whom orders or relief is sought.

Serve/serviceA person who can give evidence at a hearing. Find out about witness statements.

Short service orderAn order that authorises a shorter time for service (than the time otherwise required).

Significant occupational impact (SOI)Significant impact on an injured person’s ability to undertake employment.

Statement of reasonsA document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

StayAn order for a particular action (or decision) to be put on hold or suspended for a period of time.

SubmissionA document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

SubpoenaRequires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

Substituted service orderAn order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

WitnessA person who can give evidence at a hearing. Find out about witness statements.