Chapter 7: Complaints, Applications and Tribunal Hearings
Part E: Initiating Tribunal procedures
R143: Answer
- (1) Within 20 business days after being served with a Complaint Referral, or an application, that has been filed with the Tribunal, a respondent who wishes to oppose the complaint or application must-
- (a) serve a copy of an Answer on the initiating party; and
- (b) file the Answer with proof of service.
- (2) An Answer that raises only a point of law must set out the question of law to be resolved.
- (3) Any other Answer must be in affidavit form, setting out in numbered paragraphs-
- (a) a concise statement of the grounds on which the complaint or application is opposed;
- (b) the material facts or points of law on which the respondent relies; and
- (c) an admission or denial of each ground, and of each material fact relevant to each ground, set out in the complaint or application.
- (4) An allegation of fact set out in an initiating document that is not specifically denied or admitted in an Answer must be regarded as having been admitted.
- (5) In an Answer, the respondent must qualify or explain a denial of an allegation, to the extent necessary in the circumstances.
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