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Hi I have been issued a summons to give evidence at a CTTT

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

Hi
I have been issued a summons to give evidence at a CTTT tribunal, between the applicant and the respondent, but I live over 3 1/2 hours from the venue, also have elderly inlaws who are quite ill at the moment, live in a rural area, and don't drive in Sydney, can I ask the CTTT can I do so by phone. Also there seems to be a page missing from the summons as there is a staple mark in the corner, can you advise please.

 

Optional Information:
State/Territory: NSW

Already Tried:
Sent statement giving time and directions given to the respondent, but apparently applicant is not happy with that. Do I have to attend as a witness, can I do a stat dec instead?

Submitted: 317 days and 15 hours ago.
Category: Australia Law
Value: AU$99
Status: CLOSED
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Expert:  Sydney-Lawyer replied 317 days and 15 hours ago.

Good Afternoon,

There is an ability for you to appear and give evidence over the telephone.

You will need to contact them and make the necessary arrangements and both parties involved will need to be informed by the tribunal.

Here is some information from the tribunal about how hearing is conducted and it is point 5 that is of interest to you.

http://www.cttt.nsw.gov.au/Dispute_resolution/Hearing_process/Frequently_asked_questions_hearings.html

You cannot give a statutory declaration as the party that is against the party that you are giving evidence for has the right to ask you questions.

You should contact them and advise them of the situation and they will tell you what needs to be done so that you can give evidence over the telephone.

I hope this is of assistance. If you have any further queries please please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 317 days and 14 hours ago.

How do I know if there is a page missing from the summons, as I mentioned earlier there is a staple mark in the top left corner indicating there was another page atttached, could this have been a page that says I can appear by phone and removed by the applicant?

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Expert:  Sydney-Lawyer replied 317 days and 14 hours ago.

Good Afternoon


When you call the CTTT you should ask them about the summons and advise it appears that you may not have been served with the full summons.

They will tell you what you should have. If it is not correct than you have not been properly served and may be able to avoid going.

You can verify all this by the CTTT.

I hope this is of assistance. If you have any further queries please please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 317 days and 14 hours ago.

In section 4 on the bottom of the summons it says you do not have to attend or produce documents unless you have been offered or receive an amount to cover your reasonable expenses of complying with the summons.
As the summons was issued on behalf of the applicant and they have not offered any monetary recompense, how long do they have before the hearing to comply with this part and if they don't and I don't appear does that mean that I will be issued with an apprehension order, or will it all go away.

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Expert:  Sydney-Lawyer replied 317 days and 11 hours ago.

Good Evening,


That is correct. You must be provided with what is called conduct money.

This is supposed to cover your costs of attendance at the hearing.

They should usually send you a cheque in your favour with the conduct money. Usually it is about 30 or $40 but because you are so far away the tribunal may feel a higher amount is reasonable.

When you speak to the tribunal you must advise them that you have not been provided with the conduct money to comply with the summons. This will take into account if it is by telephone the time that you will be spending on the telephone and reasonable expenses.

They must provide you with this sum.

I hope this is of assistance. If you have any further queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 317 days and 11 hours ago.

Okay, will ask that, when I sent my first statement to the respondent via email, they then forwarded to the CTTT only. Since then I have received two harassing emails from the applicants, my question is a) did the CTTT give my email address to the applicant and if so is this a breach of my privacy and b) can I add this to the my reasons for giving evidence over the phone as I don't want to be in the same room as the applicants.

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Expert:  Sydney-Lawyer replied 317 days and 11 hours ago.

Good Evening,


On whose side are you on? The applicant or the respondent?

Customer replied 317 days and 11 hours ago.

Neither, was asked for my statement by the respondent, then was issued a summons on behalf of the applicant by the CTTT. All I did is work at a Service Station/Tourist Information Centre and got asked for directions and time the respondents were there.

Accepted Answer

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Expert:  Sydney-Lawyer replied 317 days and 10 hours ago.

Good Evening,


it is interesting to read that the applicant has issued you with the summons and that your statement is in favour of the respondent.

I cannot answer how they got your e-mail address but if your statement was in e-mail form and not an attachment to an e-mail then the whole e-mail would have been attached to the documents handed to the CTTT.

You do not have to appear in court and you should notify the CTTT you have not been provided with conduct money and that you will not be able to give evidence as the sum of has not been properly served.

Speak with the CTTT and also confirm this in writing to them directly so that you can in anyway be found to have not complied if the phone call message goes astray.

I hope this is of assistance. If you have any other questions please do not hesitate to ask.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16911
Answered: 7/1/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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