Home Building and Legal Representation at the CTTT

The CTTT does not usually allow legal representation. If the amount claimed is $10,000.00 or less, you must represent yourself at the hearing, above this amount you are at liberty to obtain legal representation. For people who have had a claim made against them, or are thinking about making a claim against someone else (for example, their builder) in the CTTT, legal advice prior to doing anything is essential. For example, consider the home building jurisdiction of the CTTT. A typical case involves a dispute with your builder about various defects in works performed by the builder whilst building your new home.

Interpreting the Contract

The building contract you have between yourself and the builder may appear straightforward. It is very tempting for a client wishing to save on legal costs to interpret the contract himself and seek to activate the termination provisions thereof.

Without seeking legal advice, the client does so at his detriment, and may expose himself to a claim from the builder to seek orders against you at the CTTT for repudiation of the contract and loss of profits – an outcome that could have been avoided if legal advice as to how the contract should be interpreted was sought from a competent practitioner.

It may be that you have no claim with any reasonable likelihood of success – if that is the case, you should know this before you take any action.

Preparing for the hearing

In circumstances where you do have a reasonable likelihood of success, whether you are considering making a claim at the CTTT or being in the unfortunate position of having to respond for one, you need to know how to put yourself in the best position to argue your case.

A legal practitioner can assist you in constructing an argument that is well structured, logical, well reasoned, and well put. They can also tell you the sorts of thing that you can’t reasonably claim for, saving you time and embarrassment at the Tribunal.

A note on expert evidence

Further, in building disputes, complex issues relating to architecture, engineering and other disciplines requiring expert evidence will probably apply. Legal practitioners have the knowledge and training to consider these issues carefully, understand what needs to be put to the Tribunal, and – just as importantly – how they’re to be put to the tribunal. The CTTT follows similar principles regarding expert evidence as courts, and any expert evidence you tender could very well be completely ignored by the Tribunal because it fails to adhere to the relevant legal principles or CTTT practice directions.

Getting legal representation

Even though the CTTT does not usually allow legal representation, that doesn’t mean you can’t ask for it, or alternately, that the CTTT won’t recommend it. The CTTT will grant such a request in many circumstances, such as:-

• It is considered necessary;
• You’d be unfairly disadvantaged;
• If the other party is represented;
• If complex issues of law or fact will arise in the proceedings.