Apply for a rehearing

On this page:

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)

Back to top

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.

Back to top

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.

Back to top

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.

Back to top

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.

Back to top

You still need to follow an Order after you’ve applied for a rehearing

Applying for a rehearing doesn’t stop an Order from being enforced.

Back to top

This page was last updated: