You may consider applying for a special direction if another party fails to comply with a Community Disputes Resolution Tribunals (CDRT) order made against them.
A special direction is a direction by the CDRT to a party to comply with the order that has been made against them within a specified time. If the party fails to comply with the special direction without a reasonable excuse, they will be guilty of an offence and may be liable on conviction to a fine or imprisonment.
Before you apply, you should consider:
After filing an application, both you and the other party will have to attend a pre-trial conference (PTC) (for matters commenced before 1 April 2022) or case conference (for matters commenced on or after 1 April 2022), and hearing (if applicable) where the court will then decide if a special direction should be made.
Refer to the following to find out about applying for a special direction.
If you are applying for a special direction, you are the applicant.
The other party is the respondent.
When to serve
Within 14 days after the date your application was made.
How to file
Through the Community Justice and Tribunals System (CJTS).
You should prepare the following before you apply:
You will need to follow these steps to apply for a special direction.
|1. Apply for a special direction|
Your application for a special direction is filed in CJTS.
|2. Serve documents on the other party|
The respondent is notified of your intention to apply for a special direction.
|3. File a declaration of service|
The CDRT receives proof that you have served the application for a special direction on the respondent.
Choose your preferred PTC or case conference date and time.
Print a copy of the Application for Special Direction and the Notice of Pre-trial or Case Conference. You will have to serve these documents together with a copy of all evidence filed in CJTS in support of the application within 14 days after the date the application was filed.
You will have to serve a copy of the following on the respondent:
You can serve the documents through one of the following ways:
What it is
Delivering hard copies of the documents personally to the respondent.
Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent.
Submitting soft copies of the documents to the respondent through CJTS.
Delivering the documents by any means as directed by the CDRT.
You must file a declaration of service (DOS) with proof of service after serving the Application for Special Direction on the respondent.
Log in CJTS. Under the Online Applications tab, select Declaration of Service and follow the instructions.
For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 3015 KB).
If the respondent does not agree to your Application for Special Direction, the respondent may file a Reply with supporting evidence in CJTS and serve a copy on you within 14 days after being served with the application.
Both you and the respondent must attend the PTC on the date and time specified in the Notice of PTC. If both parties are unable to settle their dispute at the PTC, the court may schedule a date for a hearing for the case.
The court will decide on whether to make a special direction at the hearing. If a special direction is made, the court may direct that you serve a copy of the special direction on the respondent.
You will need to bring along the following documents for your PTC or hearing:
If the respondent does not comply with the special direction, you may take any of the following actions under the Community Disputes Resolution Act (CDRA):
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.Find out more