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| 1.
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What is a "CLAIM" and who is a "CLAIMANT" or “RESPONDENT”?
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A Claim is an assertion of some legal right which has been infringed upon by the other
Party.
A Party who is asserting that legal right is known as the Claimant.
For example, a shopkeeper who sues his customer for the unpaid goods will be called the Claimant.
A Party against whom a Claimant is asserting his right and has lodged a CLAIM against is known as the Respondent.
However , the term Respondent is used differently in an Appeal to the High Court against a Referee's Decision. In such an appeal, the Party who is appealing is called the Appellant, and the other party is known as the Respondent.
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| 2.
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Is there a way for my spouse and I to come to an agreement so that we can avoid a contested divorce?
(recent update)
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Yes.
Contested divorce and ancillary matters hearings take a long time, are much more expensive, and come at a great personal cost to everyone involved. It is best for you, your spouse and your children if you are able to agree on how to move forward with a divorce.
The Family Relations Centre of the Family Court is dedicated to helping you and your spouse come to an amicable arrangement on the divorce and ancillary matters. You can make a request for a Resolution Conference with a Judge of the Family Relations Centre. You can make your request through your lawyer if you have one, or to the Deputy Registrar when you attend Court at the Status Conference or Pre-Trial Conference stage of your divorce proceedings.
You can also make a request for counselling at the Counselling And Psychological Services (CAPS).
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| 3.
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What are "DISBURSEMENTS" and "COSTS"? What am I entitled to?
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Disbursements are out-of-pocket expenses incurred by the Claimant in the process of pursuing his Claim at the Tribunals, and which the Claimant may present as part of his Claim. Please note that where such disbursements are claimed it is part of the amount claimed and the amount of lodgment fee which be based on the amount claimed.
Disbursements are not granted to the Claimant as of right.
Please note that unless the Registrar or Referee otherwise orders, a successful Claimant shall not recover from the Respondent more than $10 in respect of lodgment fee paid for lodging of the Claim.
Costs are different from Disbursements. Costs are usually awarded in a Court Action, other than at the Tribunals, to a party who has successfully argued or defended his case and includes time spent in preparing the case. The Referee will only award Costs, if Referee finds that the Claim is frivolous or vexatious.
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| 4.
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What does a "STAY OF EXECUTION" mean?
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An Appellant when filing an Appeal to the High Court may wish to file an Application for Stay of Execution, for the Tribunals’ decision whether to issue an Order that the compliance with the Order of Tribunal may be suspended for a period of time until the conclusion of the Appeal.
The application for Stay of Execution does not apply in reference to the Appeal to the Referee against the Discontinuance Order by Registrar.
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| 5.
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What is a "HEARING"?
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Where the Registrar of the Small Claims Tribunals is unable to mediate a Settlement between the Claimant and the Respondent, the matter will then be fixed for a Hearing, i.e. a trial or adjudication before a Referee of the Small Claims Tribunals.
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