The Tribunal's decision

The Tribunal may make its decision at the hearing, or some time later (a ‘reserved decision’).

Onus of proof

The party who makes the application bears the onus (the ‘onus of proof’) of satisfying the Tribunal that the order they want should be made.

(Note that if you have applied for an order that the bond be paid to you, you only need to show that you paid the bond at the start of the tenancy and that the tenancy is now ended. It is then for the landlord to show that you owe money, which should be paid from the bond.)

Standard of proof

To satisfy the Tribunal of something, you must prove it at least on ‘the balance of probabilities’: in other words, that it is more likely than not. The balance of probabilities is the standard of proof that applies in most civil proceedings (contrast the higher standard of proof (‘beyond reasonable doubt’) that applies in criminal proceedings).

Note that the Tribunal may require stronger evidence in proceedings that involve more serious allegations (Briginshaw v Briginshaw[1938] HCA 34).

The notice of decision

When the decision is made, the Tribunal will post to you a written ‘notice of decision’. The notice may include a brief statement as to the reasons for the decision, or it may not.

You can ask the Tribunal to provide a full written statement of reasons for the decision. You have 28 days to make this request from the date of receiving the notice of decision; the Tribunal is supposed to provide the statement of reasons within 28 days of your request (Civil and Administrative Act 2013, (NCAT Act 2013) section 62). (Sometimes it may be a little late.)

This is changed

Parties had 14 days to ask the CTTT for a written statement of reasons.

If there is an obvious error in the text of the notice of decision (for example, a typographical error, or an inconsistency between the stated decision and the stated reasons), a party can ask the Tribunal to correct the error (NCAT Act 2013, section 63). You should make this request to the Tribunal registry – it is not necessary to apply for the decision to be varied or set aside, or make an appeal.