Fair Trading Tribunal of New South Wales
Encyclopedia
The Fair Trading Tribunal of New South Wales was a tribunal that had jurisdiction to deal with consumer disputes in New South Wales
. It was established on 1 March 1999 and it was abolished on 25 February 2002.
The key reform to the former tribunals was to increase efficiency and effectiveness through a common membership structure of one tribunal, the elimination of duplicated registry services, and an improved capacity to co-ordinate proceedings and the potential to better utilise resources. In addition, it was hoped it would avoid overlap between jurisdictions and reduce artificial distinctions and confusion for the community where a number of tribunals had concurrent jurisdiction…
The volume, speciality and nature of disputes in the residential area were such that the maintenance of a separate Residential Tribunal of New South Wales
was justified.
The tribunal’s jurisdiction also included a number of stand-alone adjudicative functions, such as the jurisdiction of the Director-General of the Department of Fair Trading and the Motor Vehicle Repair Disputes Committee to deal with disputes between consumers and motor dealers; the jurisdiction conferred on the Director-General of the Department of Fair Trading by the Property, Stock and Business Agents Act 1941 to review commissions and fees rendered by licensees; and consumer claims for compensation rejected by the travel compensation fund trustees which are currently reviewed by a specially convened committee appointed by the Minister.
The tribunal was to conduct proceedings with as little formality and technicality and with as much expedition as the requirements of the case permitted. The tribunal was not be bound by the rules of evidence and it had the discretion to inform itself as it thought fit.
A party to a dispute had the carriage of his or her own case. However, the tribunal had the discretion to allow representation where it was appropriate. Factors such as the value of the matters, the complexity or capacity of parties to present their own case were considered when deciding whether representation should be allowed.
Appeals on questions of law continued to be available to the Supreme Court of New South Wales
.
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. It was established on 1 March 1999 and it was abolished on 25 February 2002.
History
The tribunal was created to take over the functions of the Commercial Tribunal of New South Wales, the Consumer Claims Tribunal of New South Wales, the Building Disputes Tribunal of New South Wales, and the Motor Vehicle Repairs Disputes Committee of New South Wales. A review in 1997 was prompted by the New South Wales Government’s concern to ensure that all of those tribunals were operating both fairly and efficiently, and were providing a system of dispute resolution that was meeting those objectives [Second Reading speech Mr Whelan in the New South Wales Legislative Assembly on 20 October 1998].The key reform to the former tribunals was to increase efficiency and effectiveness through a common membership structure of one tribunal, the elimination of duplicated registry services, and an improved capacity to co-ordinate proceedings and the potential to better utilise resources. In addition, it was hoped it would avoid overlap between jurisdictions and reduce artificial distinctions and confusion for the community where a number of tribunals had concurrent jurisdiction…
The volume, speciality and nature of disputes in the residential area were such that the maintenance of a separate Residential Tribunal of New South Wales
Residential Tribunal of New South Wales
The Residential Tribunal of New South Wales was a tribunal which had jurisdiction to deal with tenancy disputes in New South Wales. It replaced the Residential Tenancies Tribunal of New South Wales on 1 March 1999....
was justified.
Jurisdiction
The tribunal was established under Fair Trading Tribunal Act 1998 (NSW). The actual jurisdiction of the tribunal was conferred by other legislation, for example, the Fair Trading Act 1987 or the Home Building Act.The tribunal’s jurisdiction also included a number of stand-alone adjudicative functions, such as the jurisdiction of the Director-General of the Department of Fair Trading and the Motor Vehicle Repair Disputes Committee to deal with disputes between consumers and motor dealers; the jurisdiction conferred on the Director-General of the Department of Fair Trading by the Property, Stock and Business Agents Act 1941 to review commissions and fees rendered by licensees; and consumer claims for compensation rejected by the travel compensation fund trustees which are currently reviewed by a specially convened committee appointed by the Minister.
Organisation
The Fair Trading Tribunal was organised into 4 divisions, namely a Commercial Division, a Home Building Division, a Motor Vehicles Division, and a Consumer Claims Division. As mentioned previously, residential matters were kept separately in the Residential Tribunal.The tribunal was to conduct proceedings with as little formality and technicality and with as much expedition as the requirements of the case permitted. The tribunal was not be bound by the rules of evidence and it had the discretion to inform itself as it thought fit.
A party to a dispute had the carriage of his or her own case. However, the tribunal had the discretion to allow representation where it was appropriate. Factors such as the value of the matters, the complexity or capacity of parties to present their own case were considered when deciding whether representation should be allowed.
Appeals
Parties to a dispute could seek the leave of the tribunal for an internal rehearing. Specific grounds had to be satisfied to exercise this option. This was intended to prevent the tribunal from being inundated with unmeritorious applications for rehearings.Appeals on questions of law continued to be available to the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
.