What happens at a GIPA case conference at NCAT will vary. It depends on your level of experience, what information you seek and the agency you are up against. Oh, and, of course, much depends on the NCAT member assigned to your case.
What are they?
According to NCAT’s website, a case conference is a “preliminary session held at NCAT”. This means the following: after making your application you will receive from NCAT a document titled “Notice of listing”. The notice of listing will tell you that there is to be a case conference and its details, that is when and where to attend.
NCAT does not ask the applicants if they have time to attend on the date NCAT chooses for the case conference. So you might end up being stuck with something inconvenient. However, NCAT can permit you to attend by phone or AVL so this can be one way in which you could deal with an impossible or inconvenient listing date.
The case conferences are usually half an hour to one hour in duration. Many notices of listings do not provide the estimated duration of the case conference which can make time management very difficult for the self represented. However, even if the notice of listing provides the listed duration of the upcoming case conference, the estimation may turn out to be inaccurate as the case conferences can run over the estimated time.
Who will attend the case conference?
In general, case conferences are attended by the Tribunal member, you (the applicant) and the other party (the respondent). The respondent will likely be represented by a lawyer or lawyers. Usually, you can bring a support person with you unless there are orders preventing third parties from attending. According to the recent advice from NCAT, the general public cannot attend the case conferences. Nevertheless, FORCIN is aware of reports of the public being permitted to attend the case conference in the pre-COVID era.
What is the case conference for?
The purpose of the case conferences is to encourage informal dispute resolution or at least to get parties to narrow down of issues in dispute. While this sounds reasonable, it can result in disadvantage to those self-represented who lack relevant experience. The GIPA case conferences at NCAT can be used and often are used as an opportunity to exert pressure on the self-represented. This can result in the applicants making decisions unfavourable to themselves.
FORCIN does not consider that the current format of GIPA case conferences at NCAT is neutral to the parties. In FORCIN’s view the case conferences in GIPA matters are solely beneficial to the agencies and are a waste of public money.
What else can happen at the GIPA case conference?
Unless you withdraw your application or the member decides another case conference is needed, a timetable for submissions and evidence and the hearing date will usually be set. For instance, the member can make the following orders (based on real orders made by NCAT in the past):
(1) The applicant to inform NCAT by xx date if the applicant wishes to press or withdraw the application.
(2) If the application is withdrawn, the hearing date is vacated.
(3) If the application is not withdrawn, the applicant is to file and serve the applicant’s materials by xx date.
(4) If the application is not withdrawn, the respondent to file and serve the respondent’s materials by xx date.
(5) If the application is not withdrawn, the applicant is to file and serve the applicant’s materials by xx date.
(6) The respondent’s reply materials to be filed and served by xx date.
(7) The proceedings listed for a hearing on xx date for half a day.
How to prepare for a GIPA case conference at NCAT?
It is hard to prepare for something if you have no idea what to expect. And although we hope that this post helped you a little, please remember: you will be a rookie and quite easy to lead on. However, you can at least try to make yourself a harder target by:
- clearly defining your goals prior to the case conference;
- practising responses to various tricky questions or scenarios.
Goals
Type up the list of orders you would like to get at the case conference. Read it over a few times to make sure they say what you really want them to say. Do you want permission to attend by phone at the next NCAT session? Seek an order at the case conference to avoid having to deal with the registry. Do you want an agent to act for you at the next NCAT session? Fill out the form titled “Notice of representation by a legal practitioner or agent” downloadable from NCAT’s website to get the permission at the case conference. Do you want to issue a subpoena? File all you paperwork well prior to the case conference and seek the approval from the member.
Practise, practise, practise
Ask yourself how you would want to react in the following scenarios:
- The member says: “this application/part of the application seems to me misconceived and could lead to costs orders or dismissal”?
- The legal representative for the other party accuses you of acting for a collateral purpose?
- The other party asks that their decision be remitted to them for reconsideration?
- The other party’s lawyer says: “Your application would require too much time to process so you have to narrow it down or otherwise it could be refused entirely.”
- The lawyer for the other party says: “Your application is misconceived and you are invited to withdraw it or we will seek an order for costs.”
Is this all?
No it is not. Please follow our GIPA Act Series to learn more.