Guide

Someone has made a claim against you

An envelope from the Disputes Tribunal is not a summons to court, and it's not a judgment. Here's what it actually is.

Last updated: 31 July 2026

The short version

  • You've been sent a notice of hearing. Nothing has been decided yet — it's an invitation to tell your side of the story.
  • Do not ignore it. If you don't turn up, the referee can hear the case anyway and make an order against you on the other side's evidence alone.
  • You can settle it privately before the hearing, and you can counterclaim if you reckon they owe you.
  • Prepare exactly as the applicant does. The Tribunal is about facts, not legal theatre: get your story straight.

Getting one of these in the post is unsettling, so take a deep breath: no decision has been made against you, no bailiff is coming, and this isn't a criminal matter. Someone has asked the Disputes Tribunal to sort out a disagreement, and the Tribunal is telling you when and where that will happen so you can have your say.

What the notice actually tells you

The notice of hearing sets out who's making the claim, what they say happened, how much they want, and the time and place of the hearing. It also carries a CIV number — the reference for your case. Put that number on absolutely everything you send the Tribunal from now on.

Read the claim itself carefully, including the amount. Note that the Tribunal now handles claims up to $60,000, double what it could hear before 24 January 2026 — so "Disputes Tribunal" no longer implies a trivial sum.

Your four options

Option When it makes sense
Settle it directly You think they've got a point. Contact them and sort it out — you can do this right up to the hearing, it saves everyone the trouble, and people are usually reasonable if you're responsive
Turn up and defend it You disagree, in whole or in part. This is the normal path, and the rest of this guide is about doing it well
Counterclaim You believe they are the ones who owe YOU. File it as soon as possible so both claims are heard together
Ask for a phone hearing You live a very long way from the hearing venue, or cannot travel — ask when you get the notice, not the week of
There is no fifth option where you ignore it and it goes away. If you've been notified and don't attend, the referee can run the hearing without you and make a binding order based on one side of the story. That order is enforceable as a District Court order — so the best ten minutes you will ever spend is ringing the Tribunal if you can't make the date.

If you want to counterclaim

Plenty of disputes run both ways: they say your work was shoddy, you say they never paid the last invoice. A counterclaim is made using the same process as any claim, and the Tribunal's own advice is to do it as soon as possible so both matters get heard at the same hearing rather than dragging you back for a second one. Quote the CIV number from your notice on the form. Filing fees are the same banded scale as for the initial claim — see our fees and costs guide.

Two things to do straight away

Prepare like the applicant does

Here's the thing people in your position tend to get wrong: they treat responding as reactionary, like you're at a disadvantage. But the referee has to weigh two accounts equally, and the one that's better organised, dated and documented will be easier to believe — regardless of who filed first.

So do exactly what the other side should be doing. Put your documents in date order, number them, write a timeline, prepare some questions and answers, and write down the main points you want to make so that nerves on the day don't make you forget them. Send copies to the Tribunal and to the applicant ahead of time, with your CIV number on everything. Our evidence guide can help.

The hearing itself is reasonably informal — a meeting room, a referee, no lawyers, usually takes about an hour. The applicant speaks first and then you do, which can actually be an advantage: you'll have heard their case before you make yours. There's a full walkthrough in our hearing guide.

If the decision goes against you

Do what the order says by the date on it. Ignoring it doesn't end matters — the other party can enforce it through the District Court, and enforcement can add court fees and interest to what you already owe.

Alternatively:

Route Deadline Cost When it applies
Rehearing 20 working days Free Something prevented a decision being made — critical information was not available in time, or you or a witness genuinely couldn't get to the hearing
Appeal 20 working days $275 Only one ground for appeal: the referee ran the hearing unfairly and this affected the result

Neither is a second go at the argument. You can't get a rehearing or an appeal simply because you disagree with the outcome, and the District Court won't re-decide the facts on appeal. The hearing is your one real opportunity, so treat it that way.

Prepare a strong defense

Evidence Pack works exactly the same whichever side of the table you're on — your story and your files, turned into one clear, professional Tribunal-ready pack.

Start your case