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Glossary

Appeal

Where a higher court reconsiders the decision of a lower court or Tribunal, due to formal request by one of the parties involved in the lower court proceedings.

Applicant

A person who makes an application.

Application

A request by a party that the Court make an order, direction or decision.

Claim

To make a demand for money, for property, or for enforcement of a right provided by law.

Counterclaim

An independent claim against the person making the original claim.

Enforcement

Action authorised by the District Court to get the judgment debtor to comply with a judgment or court order.

Filing

Formally lodging an application or other document at a court. This can be done in person, by mail or online.

Judgment creditor

The person or organisation money is owed to in a judgment or court order.

Judgment debtor

The person or organisation who owes money in a judgment or court order

Jurisdiction

The types of claims that the Disputes Tribunal has authority to deal with.

Limited liability company

A type of registered private company that is a separate legal entity from its owners.

Order

A decision of a Tribunal that requires a person to do, or stop doing, something. Failure to comply with an order may have serious consequences for the person who disregards it.

Party

A person who is an applicant or respondent in any proceedings

Procedural fairness

Means fairness in the processes that resolve disputes.

Proceedings

A case being considered by a court. It is started (commenced) by an application.

Referee

The Referee is a judicial officer of the Disputes Tribunal and holds office under section 7 of the Disputes Tribunal Act 1988. Referees are usually legally qualified and their functions include assisting parties to negotiate agreements. If an agreement cannot be reached, the Referee will make a decision. In reaching a decision the Referee will consider the law, the facts and the evidence provided by the parties.

Respondent

The party called to answer an application, or the opposing party to an appeal.

Stay of proceedings

This is an application to the District Court to suspend an order or process, such as an enforcement action. This includes further applications from the creditor seeking enforcement action, when an application for rehearing or an appeal has been filed.

Teleconference

A conference with participants in different locations linked by telecommunication devices.