Apply for a rehearing

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Either party can apply to the Disputes Tribunal for a rehearing within 20 working days of the decision.

It’s free to apply.

How to apply for a rehearing

It’s quickest and easiest to apply online.

Because you can’t save your form once you start make sure you have:

  • the CIV number from the Tribunal’s decision.
  • any other documents in either PDF (.pdf) or JPEG (.jpg) format and under 5MB.

Got these ready?

Apply online for a Disputes Tribunal rehearing(external link)

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Apply by paper

To apply by paper:

Disputes Tribunal rehearing form [PDF, 170 KB]

Get a form from your local court(external link)

Send this form by post or deliver in person to the District Court where your original Disputes Tribunal claim was heard.

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Grounds for a rehearing – the reason you can give for applying

You can apply for a rehearing if you believe that something stopped the proper decision being made. This might be because relevant information was not available or a mistake was made. For example:

  • you didn’t get the letter telling you the date of the hearing
  • you or your witness unexpectedly couldn’t get to the hearing for a valid reason
  • the referee made an error in the amount of money you were ordered to pay
  • after a hearing where the referee approved an agreed settlement between both parties, you discover facts that:
    • are directly relevant to the dispute
    • could not, with reasonable effort, have been known before the hearing
    • would have meant you wouldn’t have agreed to the settlement.

You can’t ask for a rehearing just because you disagree with the decision.

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What happens next?

The same referee who heard the original case will consider the application and decide whether to grant a rehearing. You may have to attend a short hearing to argue why a rehearing should be granted.

If a rehearing is granted, it will usually be conducted by a different referee.

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If you run out of time to apply

You will need to tick yes in Step 5 of the rehearing form [PDF, 170 KB] and provide reasons why you are applying outside of the 20 working days along with your reasons for applying for a rehearing.

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You still need to follow an Order after you’ve applied for a rehearing (unless a stay of enforcement) is granted

Applying for a rehearing doesn’t automatically stop an Order from being enforced unless a Referee has also granted a stay of enforcement.

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