The following is a demonstration of the Timetable for a typical other dust-related (non-asbestos) claim. It may not apply to every case heard by the Tribunal.
For full information on proceedings at the Tribunal, refer to the 'Relevant Legislation' panel (on right).
A case is initiated by the plaintiff lodging a Statement of Claim form at the Tribunal Registry with the appropriate
fee. All forms are available for download (along with a schedule of fees) at
‘Forms & Fees’.
All parties (plaintiffs and defendants) should consider obtaining legal representation (see
‘Legal Assistance’). Plaintiffs need to ensure that their claims comply with the requirements of the relevant Legislation, particularly in respect of the timeframes for submitting forms and other supporting documents.
As soon as possible after lodging the Statement of Claim, the plaintiff must file and serve on the defendants a
Form 14 Statement of Particulars (Personal Injury), listing the information required for the case (for further information, refer to
Legal Information & Resources). After the Statement of Claim is filed with the Tribunal, the matter will automatically be listed (scheduled) for a Directions Hearing within six weeks.
Each defendant after being served with the plaintiff’s Statement of Claim, should consider filing and serving an
Appearance and/or a Defence forms (forms 6A, 6B, 7A or 7B) within the time required by the Legislation.
The Tribunal begins to manage the case by using a Directions Hearing to determine what should occur, in what order, by when, in order to progress the Claim towards readiness for a Hearing date.
Tribunal Directions Hearings are usually held on Tuesdays. A Notice of Motion form (Notice of Motion Form 20) should be completed and filed in order to seek a Directions Hearing date (fees apply).
A Directions Hearing is a preliminary Mention of the Claim in Court where a party formally asks the Judge for Orders that certain things be done in order to help progress the case. The Judge will ask other parties for comment and then make Orders directing the parties on how to progress the case. For example the Judge could Order:
A representing lawyer is expected to be familiar with the case and be able to inform the Tribunal about:
The parties have an opportunity to identify and resolve disputed issues in a conference held at the Tribunal prior to a Hearing. Apart from saving on legal costs, it can help the parties to focus on the substance of outstanding issues, thereby reducing the length of any Hearing. Any agreement between the parties can be put in writing in a Consent Order form (see
'Forms & Fees') and presented for consideration by the Tribunal.
All parties to a Claim can try to negotiate a settlement at any time, without having to continue through to Hearing.
Once an agreement has been put into writing in a Consent Order form (see
'Forms & Fees') and signed by all parties, it must be filed with the Tribunal together with a Consent Judgment form (see
'Forms & Fees').
An appointment will then be made with a Registrar or Judge (depending on the nature of the agreement), who will examine the agreement (known as the 'Orders') and, if appropriate, enter a 'Consent Judgment' to finalise the Claim.
A selection of laws and rules that apply to the Tribunal.
Dust Diseases Tribunal Act 1989
Dust Diseases Tribunal Regulation 2013
Dust DiseasesTribunal Rules
Civil Procedure Act 2005
Uniform Civil Procedure Rules 2005
publications for legal reference information.
Dust Diseases Tribunal (Standard Presumptions -Apportionment) Order 2007