Lodging an application for arbitration

You can download an application form, or you can obtain one by writing to the address below or by contacting the Registrar on telephone 02 6391 3552 or facsimile 02 6391 3563.

Application forms can be lodged by sending the form to:

Is there a fee for filing your application?

There is no filing fee for lodging an application under the Agricultural Tenancies Act 1990 ('ATA').

At arbitration, the parties will be required to pay for the arbitrator, and if required, a technical assessor or members of the arbitration committee. These fees are to be paid in the manner determined by the Arbitrator, for example, by both parties in equal shares.

The current rate of remuneration for an arbitrator is $800 per day, including expenses. The current rate of remuneration for technical assessors or members of the arbitration committee is $207 per day plus expenses.

Is there a time limit for lodging an application?

Yes, the application must be lodged no later than 3 months after the dispute arises or no later than 3 months after the end of the tenancy, whichever is the later.

If the application is not lodged within this time, you may lodge the application only if the other party agrees in writing, or you can make an application in writing to the Director General to extend the time to lodge the application.

Is there a limit on the amount of money you can claim?

A limit of $60,000 has been introduced. You must provide a schedule with your application which sets out the details of your claim.

The Director-General has the power under section 26 of the ATA to refer an application under the ATA to a court for hearing with consent of one of the parties.

What happens with your application once it is lodged?

The Registrar will serve, by post, a copy of the application and supporting documents on the Respondent.

If there is certain information (such as your home address and phone number) that you do not want disclosed to the other party, you must notify the Registrar at the time you lodge your application.

The ATA provides a range of procedures to deal with applications. Applications may be referred for mediation, if both parties agree, where an independent person assists the parties to achieve their own settlement.

If agreement cannot be reached between the parties, they will attend an arbitration hearing where both parties present their case and supporting evidence to an Arbitrator or Arbitration Committee who will make a decision. A pre arbitration conference may be arranged, if necessary, prior to the hearing.

What if you want to attend mediation prior to arbitration?

• Mediation is voluntary and therefore both you and the other party must agree to attend.
• Both parties must agree on who the mediator will be.
• The mediator’s costs are to paid as agreed by the parties, or equally by both parties.
• Either party may withdraw from the mediation session at any time.

Where do I find a mediator?

The Registrar cannot recommend any one mediator but holds a list of available mediators (approximately 50) to choose from. Contact the Registrar on telephone 02 6391 3552 for a copy of the list.

Your local telephone directory should also list mediators.

What happens if we don’t come to an agreement at mediation?

If mediation is unsuccessful, the dispute may be referred to arbitration. Anything said in a mediation session is not admissible in any arbitration proceedings, unless both parties agree. Also, any document (or copy) prepared before, during, or as a result of the mediation session, is not admissible in any arbitration proceedings, unless both parties agree.

Can you withdraw your application?

If you decide to withdraw your application you must notify the Registrar, in writing.

How long after you lodge your application will the matter go to hearing?

This depends if the matter is referred to mediation, if a technical assessor is required and how complex the matter is. In some cases, the Director-General may refer the matter to Court.

How do you prepare for a hearing?

Gather all the documents or other evidence you think will help prove your case. If you need someone else to provide evidence for you they must swear an affidavit which must be served on the Department and the other party before the hearing. They may also be required to attend the hearing to answer questions.

If you are claiming compensation for improvements or deterioration the dollar amount claimed must be supported by independent expert evidence.

Can someone represent you at a hearing?

Usually you present your own case at an arbitration hearing but you can have legal representation if you choose.

Would you like an interpreter at a hearing?

Contact the Registrar immediately so arrangements can be made.

What happens if you have to attend a pre-arbitration conference?

A pre-arbitration conference may be arranged as a telephone conference or face-to-face meeting prior to the arbitration. The conference may be held to determine:

1. whether the parties are ready for hearing; and
2. directions to parties to ensure the case progresses efficiently to a hearing.

Hearing procedure

The Registrar will notify the parties of the time, date and venue of the hearing, which will usually be held at a Court House or the NSW Department of Primary Industries Head Office in Orange. The time allocated is usually one day but this will depend on the complexity of the dispute.

The matter is heard by an Arbitrator or Arbitration Committee. Experts, known as technical assessors, may also be present to provide advice to the Arbitrator or Arbitration Committee during the hearing.

• The conduct of the hearing will be with the Arbitrator presiding. When addressing the Arbitrator you should call him/her "Arbitrator".
• Each party must present a summary of their claim with reference to the sections of the ATA on which they are relying.
• Each party must present their case and may be questioned by the other party. The Arbitrator may also ask questions.
• Each party must produce and tender evidence and give and/or call oral evidence in support of their case.
• Each party will make submissions on the case after all parties have presented their evidence.
• The Arbitrator requires that the evidence given be sworn evidence.
• The Arbitrator may require written submissions.
• The Arbitrator will ask to be informed of all information that the Arbitrator considers relevant.
• The Arbitrator will reserve the decision and provide a written decision at a later date.

Can you be ordered to pay costs?

An Arbitrator may order the unsuccessful party to pay the other party’s costs – including payment of the other’s nominated committee member, any fees for solicitors, barristers and valuers, and any witnesses’ expenses.

How enforceable is the decision of the Arbitrator?

The decision is final and binding. To enforce an Order you must make an application in a court of competent jurisdiction, for example, the Local Court or the District Court, depending on how much the award is that the Arbitrator makes in your favour.

What happens if I don’t agree with certain decisions?

You may apply to the Administrative Decisions Tribunal for a review if you do not agree with:

• a decision to extend, or not to extend, the time for making an application for referral of the dispute or matter to arbitration; and/or
• a decision to refer, or not to refer, the dispute or matter to a court.

If you believe that the Arbitrator has made an error of law in their decision, you can appeal to the Supreme Court. You should seek advice before you decide to appeal a decision. You should seek advice as soon as possible after the decision is made, as there are time limits as to when you can lodge such appeals.

Where can I go for advice?

• Your Solicitor;
• The Rural Counselling Service may be able to assist. You can obtain contact details from your local telephone directory, by contacting the Registrar or by accessing the list from the Internet – www.raa.nsw.gov.au – under Farm Debt Mediation / Mediation kit / Point 15, NSW Rural Counselling Service;
• A Chamber Magistrate; or
• (if eligible) a Community Legal Centre or Legal Aid Commission.