Hearing Process
Overview of the hearing process of the Accident Compensation Appeals District Court Registry.
Below is an overview of what happens at hearings of the Accident Compensation Appeals District Court Registry, including the hearing process, how to prepare, and what happens after the hearing.
Presenting your case
You may choose to present your own case or have a lawyer or an advocate present it for you.
An advocate may be a lawyer or an experienced person who knows the process and who can help to clearly put your case forward.
If you do use a lawyer you may be entitled to a legal aid grant to help with legal costs. A lawyer, your local Citizens Advice Bureau, or Community Law Centre can advise on this.
Before the hearing
Once your notice of appeal has been filed, we will send a copy to ACC. We will forward you a copy of a practice note outlining the hearing process steps.
Phone conference and directions hearing
A phone conference may be held before the hearing to make sure all parties have all the information they need for the hearing. You may also have a directions hearing organised by the Registry to ensure progress is being made on the case.
Documents
You will need to prepare a range of documents for the hearing. These should be placed in a page numbered and indexed bundle. This should be done in conjunction with ACC so that an agreed bundle of documents is presented to the Court.
Time and place
We will advise you of the day and time your case is set down for hearing. You will be given at least 10 days notice. Hearings are formal and held in public, unless you request a private hearing in advance.
If both parties agree, hearings can be heard 'on the papers'. This means the chairperson will make a decision based only on written submissions, without the parties being present.
Failure to follow court orders
If court orders are not met, they will be reported to the judge. Parties who have failed to meet time obligations must provide details of the steps taken to progress the appeal. Failure to comply with court directions may result in your appeal being dismissed.
Who attends the hearing
- A District Court Judge
- You and your lawyer or advocate (if you have one)
- ACC's representative
- Any other parties to the case
What to bring to a hearing
- A copy of your submissions
- A copy of ACC's submissions
- Paper and a pen
Hearing process
- You or your lawyer will present your case by way of submissions. If you wish to present any additional evidence that wasn't covered at the review hearing, you need to apply to the Court for permission to do so. An application for additional evidence needs to be made and determined before the date of the hearing.
- ACC presents its submissions, giving the reasons for its original decision. You have the right of reply to those submissions.
- The Judge may ask some questions.
The decision
The Judge will issue a written decision, generally five to six weeks from the hearing date. You will be sent a copy. If you are unhappy with the decision, you can appeal to the High Court only on questions of law, that is, if you think the Judge got the law wrong when they made its decision.
