Before you request an adjournment
If you can’t attend ACAT when required, consider telephone attendance, or you may be able to appoint someone else to represent you or your company. See our information about:
- representing an individual
- representing a company or incorporated association
- advice and representation.
Before you request an adjournment, you should contact the other party or parties and ask for their views about adjourning the case. Tell each other party in your case:
- that you are going to ask ACAT for an adjournment
- why you are asking for an adjournment
- the length of the adjournment.
Ask each party in your case:
- if they consent to the adjournment
- if they oppose the adjournment and if so, why
- if they would suffer disadvantage or prejudice if the adjournment is granted
- if they have anything else they want ACAT to consider when considering the request for an adjournment.
Making an adjournment request
Remember that adjournments are granted sparingly. You must provide enough information so your adjournment request can be properly considered.
Give us a written request for an adjournment at least five days before you are scheduled to attend ACAT. You need to set out:
- the reasons for the request
- the views of the other party or parties in the case (if you cannot get the views of the other party or parties in the case, you will need to let ACAT know this and tell us the date you sought the view of the other party)
- supporting documents, such as a medical certificate or flight tickets for an overseas trip
- any other relevant information.
Make sure you alert us if the adjournment request is urgent. Tell us why it is urgent.
Decision about an adjournment
ACAT will make a decision about whether to grant an adjournment. These are usually considered in chambers (without a hearing).
When deciding whether or not to adjourn a case, we’ll consider:
- the objects and principles of the ACT Civil and Administrative Tribunal Act 2008
- the reason for the adjournment request
- the attitude of each party in the case to the adjournment
- any serious disadvantage the requesting party (or, where relevant, the public) may suffer if an adjournment is not granted
- any prejudice to each other party (or where relevant, to the public) if the adjournment is granted
- the length of the adjournment
- any other relevant matter.
The parties will be advised of the decision (in writing). You should not expect or assume that an adjournment will be granted, even if all parties agree to reschedule.
Unless you are informed otherwise by ACAT, your case has not been adjourned.
If an adjournment is not granted and you do not attend when required, the proceedings may be dismissed or the case may proceed and a decision may be made in your absence.
Late adjournment requests
If ACAT receives an adjournment request less than five days before you’re scheduled to attend ACAT, there may not be enough time to consider the request in chambers (without a hearing).
Instead, a decision about the request may be made on the day you are scheduled to appear at ACAT by the ACAT Member or Registrar. It is recommended that you organise to attend in person or by telephone to request an adjournment. If you do not attend and the adjournment is not granted, the case will proceed and a decision may be made in your absence.
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.
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.
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.
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.
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.
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.
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.
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.