Dust Diseases Tribunal

Fees

The fees are listed in Schedule 1 of the Dust Diseases Tribunal Regulation 2013.

The preferred payment method is credit card.

 

Forms

Completed forms can be lodged via DX, Post or in person at the Tribunal registry unless an exception applies.

Some forms require a filing fee to be paid at the time of lodgement.

 

Other Dust-related (non-asbestos)  claims

Below is a list of some commonly used forms that can be downloaded from the Uniform Civil Procedure Rules website.

  • Statement of Claim – To begin a claim, this form is to be completed and lodged at the Tribunal Registry together with the filing fee. The plaintiff must then serve the filed claim form on other parties.
  • Statement of Particulars – This form is to be completed and lodged with the Tribunal Registry. The plaintiff must then serve the filed form on the other parties.
  • Defence - In response to the Plaintiff's claim, is to be completed, filed and then served by the defendant on other parties.
  • Subpoena. Please note that where a litigant is not represented by a legal practitioner, the Rules require that leave of the court be granted, before such subpoena requested by an unrepresented litigant is allowed to be lodged and then issued.  

 

Asbestos-related claims                

Where a claim is related to previous Asbestos exposure, there are 3 prescribed forms that may apply in addition or in place of some Uniform Civil Procedure Rule forms.

Please refer to the Dust Diseases Tribunal Regulation 2013 and associated legislation for more form related information.

Advice to Practitioners No. 2 of 2013 - Urgent Statements of Claim,  may apply with respect to claim lodgment in circumstances where the Plaintiff is gravely ill.

  • Statement of Claim – To begin an Asbestos-related claim, this form must be completed and lodged at the Tribunal Registry together with the filing fee. The plaintiff must then serve the claim on the other parties.                    
  • Plaintiff’s Statement of Particulars (Form 1) – This form is to be completed and lodged with the UCPR Form 1 cover page, at the Tribunal Registry. The plaintiff must then serve the form on all other parties.
  • Defendant’s Reply (Form 2) – In response to the claim, a Defendant is to complete and lodge file a Reply form with a UCPR Form 1 cover page at the Tribunal Registry for filing. The defendant must then serve the Reply on all other parties to the claim.
  • Claims Information (Form 3) – When the claim is finished, each party must complete this form and return it to the Tribunal Registrar by lodging it with the Tribunal Registry, over the Tribunal Counter, by DX or by Post.

 

Transcripts

A transcript of a Hearing's proceeding can be ordered by completing this form, and lodging it at the Tribunal registry together with the applicable deposit fee. Should the Transcript request be submitted via email, filing fee payment by credit card may be made over the telephone by dialling the Tribunal registry.

 

Non-party access to the court file 

To request non-party access to a court file, please complete and lodge the following form outlining the specific reasons as to why access should be granted to the court file.

 

Video courtroom

A request that evidence be heard via audio-visual link must first be made to the Judge, usually via Notice of Motion with supporting affidavit. Should the order be granted, the party is to then separately make arrangements and pay for the 'Remote' evidence site.

The party then must complete the following forms in order to assist the Tribunal Registry and the Judge's Associate to work with the Court's IT media support branch. The booking fee is to be paid in order to help assist with Court call costs. In the case of interstate and international call costs there may be extra costs to be recouped from the party.