Tribunal forms and fees

Fees

The fees are listed in Schedule 4 of the Amendment of Dust Diseases Tribunal Regulation 2019.  

The preferred payment method is credit card.

How to lodge forms

Completed forms can be lodged via DX, post or in person at the Tribunal registry unless an exception applies. 

'Online' filing of documents and subpoena material is not currently available. 

Some forms require a filing fee to be paid at the time of lodgement.

Asbestos-related claims                

To begin an asbestos-related claim, the Statement of Claim form must be completed and lodged at the Tribunal Registry together with the filing fee. The plaintiff must then serve the claim on the other parties.                    

Where a claim is related to previous asbestos exposure, the following 3 prescribed forms may apply in addition to, or in place of, some Uniform Civil Procedure Rule forms:

The Plaintiff’s Statement of Particulars (Form 1 in Schedule 2 of the Regulation) (DOC , 72.0 KB)

The Plaintiff’s Statement of Particulars form is to be completed and lodged together with a UCPR Form 1 cover page at the Tribunal Registry. The plaintiff must then serve the form on all other parties.

Defendant’s Reply (Form 2 in Schedule 2 of the Regulation) (DOC , 158.0 KB)

In response to the claim, the Defendant is to complete and file a Defendant’s Reply form together with a completed UCPR Form 1 cover page at the Tribunal Registry. The defendant must then serve the Reply on all other parties to the claim.

Claims Information (Form 3 in Schedule 3 of the Regulation) (DOC , 47.5 KB).

When the claim is finished, each party must complete the Claims Information form and return it to the Tribunal Registrar. Parties can do this by lodging the form over the counter at the Tribunal Registry or by DX or post.

Please refer to the Dust Diseases Tribunal Regulation 2013 and associated legislation for more form related information.

Advice to Practitioners No. 2 of 2013 - Urgent Statements of Claim (DOC , 85.0 KB), may apply when the Plaintiff is gravely ill.

Subpoena and other Court forms may be downloaded from the Uniform Civil Procedure Rules website.

Uniform Civil Procedure Rules forms

For all other forms go to the Uniform Civil Procedure Rules website.

Other dust-related (non-asbestos) claims

Below is a list of some commonly used forms that can be downloaded from the Uniform Civil Procedure Rules website.

A Statement of Claim Form is used to begin a claim. This form is to be completed and lodged at the Tribunal Registry together with the filing fee. The plaintiff must then serve the filed claim form on other parties.

Next, the Plaintiff’s Statement of Particulars (form 1 in Schedule 2 of the Regulation) should be completed and lodged with a completed UCPR Form 1 cover page at the Tribunal Registry. The plaintiff must then serve the filed form on the other parties.

In response to the claim, the Defendant is to complete and file a Reply form with a completed UCPR Form 1 cover page at the Tribunal Registry. The defendant must then service the Reply on all other parties to the claim.

Regarding subpoena, please note that where a party is not represented by a legal practitioner, the Uniform Civil Procedure Rules 2005 require that leave of the court be granted before a subpoena can be issued.  Note it’s rule 7.3 of the UCPR.

Form for Transcripts

A transcript of a hearing can be ordered by completing a Transcript request form (DOC , 60.5 KB) and lodging it at the Tribunal registry together with the applicable deposit fee. If you send the transcript request by email, you can phone the Registry to pay the filing fee by credit card.

Form for Non-party access to the court file 

To request non-party access to a court file, please complete and lodge a Non-party Access to court file form (DOC , 113.5 KB). Please outline the specific reasons as to why access should be granted.

 

Last updated:

04 Jul 2022

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