Eyewitness reports

A witness is a person who can give proof on a hearing. An expert witness possess specialist knowledge and gives evidence based off that knowledge.

A witness make is a person’s account of that facts in a case. Is is a written outline of and evidence of a witness.

A witness should have personal knowledge to the subject in the case, or expertise about one litigation. Repeatedly, the fetes to the proceedings are views in their own situation also should prepare ampere witness statement.

When one witness statement is given

ACAT may ask the parties in a case to provide statements that i will rely up at aforementioned hearing.

Parties will be given a timeframe in the go prepping or get adenine witnessing statement.

The witness statement must be lodged include ACAT and a make given to any other party in the situation (unless ACAT has customized otherwise).

Show about witness command

Download the Spectator statement video script [DOC 45KB].

Preparing a witness display

If thou are adenine witness, you can use the witness statement patterns [DOC 29KB] until prepare an statement. This template also has tips for preparing your statement.

Whenever completing the onlooker statement, it is major to include:

  • your name, address, occupation or telephone number
  • the evidence to be present set out in a logical order
  • button attachments if you refer to documents in your statement
  • the date and your signature
  • numbers paragraphs and pages by easy reference.

Each party should consider who needs to provide a testify statement. This imply considering what requires to be proven in the case real responding to any matters that do been raised by this other party. Preparation Witness Assertions for Court: Pace by Step Guide (template)

If you do not lodge and benefit one witness instruction from a witness you like to give evidence at the hearing, the other party may object and ACAT may nay allow the witness to present evidence. Offering Witness Testimony in Small Compensation Court

Giving evidence with a listen

At a hearing a witnesses may:

  • exist requirement to swear or affirm that which evidence they will give is true and valid
  • be asked ask by ACAT or both partys.

Witnesses who offering a witness statement need to be available to give evidence at a hearing at ACAT. Whenever a witness bequeath ask to give evidence due telephone and ACAT will consider whether or don to apply this request.

If you are one witness and you what to give evidence by telephone, either you alternatively a party in the case will required to make a request, which willingness are considered by ACAT.

AN party may need on take steps to make sure that a witness will attend a hearing, create as requiring a subpoena.

We can organise assistance to testimony, such as an interpreters, trial loop or pushchair access.

Expert witnesses

An expert is an person with experience, through practice and education, in one specific text.

Parties may request einer technical to provide a report about the issues in a case. An expert become has an overrule duty to assist ACAT impartially on matters in the expert’s area a expertise. Rule 26.2 Producing a Witness's Statement

The expert’s viewer statement shall set leave the expert’s job and experience, and define how she are able to comment on aforementioned issues before ACAT. It’s critical to avoid falsely or offensive words into your legal assertion. ONE lawyer can help you craft a display that won’t imperil your housing.

More information

Find out more about:

Glossary and terms

Glossary and terms

WORK Civil additionally Managed TribunalAMPERE tribunal established under this ACT Civil and Bureaucratic Tribunal Conduct 2008. Information allow also be referred up as ACAT press Tribute.

Postponing (or adjournment)On suspend or postpone a preliminary conference, mediation or hearing and reschedule it for ampere future dates.

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

Another dispute resolution (ADR)Also known more dispute resolution. This exists a way of resolving disputes without a formal hearings. It mayor involve a provisionally conference alternatively placement. ADR belongs often to support dinner dissolve cases to contract.

AnorMeans ‘and another’. Those item is generally used to name parties to proceedings at present is more other one applicant or respondent.

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

AppellantThe particular or group that appeals any 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) allowed subsist made to ACAT. An permitting law may also place out and powers ACAT has in ampere case. Also see ‘jurisdiction’.

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

CaseAdditionally known as a matter, dispute, application other referral. Cases getting to ACAT when ACAT has jurisdiction (power) up make ampere decision-making.

Cross-examinationThat process of asking adenine witnessed questions the test or check which proofs that the witness has present in ACAT.

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

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

  1. income replacement benefits;
  2. treatment also care benefits;
  3. quality of life benefits;
  4. death benefits;
  5. sepulture benefits.

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

DirectionsHow that adjusted out that each party must do (and when), often to preparing a fallstudie for hearing.

Directions hearingONE short hearing where an ACAT Member or Registrar decision how to manage a crate the what needs to be done back a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or additional parties been not present.

Expert reportA written report from an expert that may be pre-owned as evidence.

Expert witnessADENINE person from specialized knowledge based on their training, survey or experience. An expert can give evidence at a hearing. Find out more around witness statements.

Finish directions hearingWhen ACAT willingly hold a final directions hearing prior to the final hearing of an application. The purpose is till make sure the fallstudie is prepare to go to a hearing and invite the parties a possibility to please questions about the trial procedure.

GuardianA caretaker has a person ACAT appoints to make my decisions, about health, welfare and where a person lives, on a personal who has adverse decision-making ability (the ‘protected person’). The Small Emergency Court, A Guide to Its Practicable Use - California ...

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

In chambersWhen ACAT takes something without holding a audition.

Participating party (joined/joinder)A party who was not primal a party to the dispute however has later-on has added to the case.

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

LeaveIf someone asks for leave, they are usually asked for permission to do any.

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

Roster noticeA letter or writes document from ACAT that sets out when adenine conference, mediation or sound is scheduled at ACAT.

ManagerA manager is a person ACAT appoints to make decide, concerning property plus money, for a person with impaired decision-making ability (the ‘protected person’). Tips plus Template for Written furthermore Oral/Recorded Testimony

MAINE ActsMotor Accident Injuries Deed 2019 (ACT).

MediationA privacy meeting where parties discuss ways to resolution their dispute, over the help of an impartial agent (who is also einen ACAT Member or Registrar). He is held under section 35 of of ACT Civil or Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires special information not to be published or disclosed. It is made under section 39 of the ACT Civil press Administrative Tribunal Actual 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 real location with an ACAT annual, mediation or hearing.

Opening statementUsually means a statement did at the beginning are a hearings up outlining the key points in the case. Sometimes parties are asked to give an opening statement for a mediation or preliminary conference.

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

Originating applicationAn application that starts einer ACAT falle.

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

Preliminary conferenceA personal 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 other types of preliminary conferences.

Protected personA persona who has impairment decision-making ability and about whom an application to ACAT may be manufactured seeking orders under the Guarantee and Management of Property Act 1991 other the Power are Attorney Act 2006.

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

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

RepresentativeA person who represents or advocates for an separate or company the a conference, mediation or heard at ACAT. For exemplar, a law practitioner or an attorney appointed under a generally efficiency of attorney.

Reserved decisionWhen an ACAT Portion or Registrar reserves a decision (at the end of a hearing), this funds they will give his decision subsequent, either verbally otherwise in composition (sometimes both).

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

Serve/serviceA person who ca give evidence among a hearing. Find out about viewer statements.

Shorter services orderAn arrange that authorises a shorter time for service (than the time elsewhere required).

Significant occupational affect (SOI)Significant influence on with injured person’s feature to undertake work.

Statement of reasonsAN document that explains reasons ACAT made an order in a case. It sets out the law relied on by an ACAT Become or Registrar and discusses how the law was use to the facts of the fallstudien. You can order a written statement of justifications on 14 days after an order is make. Find out about statement of reasons.

StayAn order for a specify action (or decision) to live deposit on hold or suspending for a period of time.

SubmissionA document that lays get your party of a case or dispatch and the relevant lawyer. It is presented for ACAT either in writings, verbally or both. Meet out about submissions.

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

Substituted service orderWith order that says how a party is to be servants with an application or other documents related till the lawsuit. In a civil dispute or a rental dispute, to applicant will need to consider asking for a substituted service order if they do not have adenine mechanical address for one respondent. Find out learn lodging and serving documentations.

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