Information Sheet GA 14
If you want to reschedule or delay the start of a hearing, you must apply to the Tribunal using a General Application. Usually, this is because something unexpected has happened, so you are unable to attend on the dates set.
Conditions for adjourning a hearing
You must show:
- The request is reasonable
- Adjourning the hearing will not unduly prejudice the other participants
Information about reasonable requests
The Tribunal will consider the reason for your request and anything else that shows whether your request is reasonable. For example, it may consider:
- Did you know this reason before the hearing date was set?
- Have you tried solutions other than delaying the hearing?
- Did you ask to adjourn as soon as you knew of the reason?
- How long do you want to delay the hearing?
- Is this your first request to adjourn the hearing?
- What is the effect on you if the hearing is not adjourned?
Information about prejudice to other participants
The Tribunal will consider whether delaying the hearing would be unfair to the other participants. For example, it may consider:
- How long will the hearing be delayed?
- What is the cost of adjourning?
- Will the delay affect a party’s ability to prove their case (or respond to your case)?
- Has the other party made travel, time-off, or other arrangements for witnesses which will be difficult to change?
Time limit for applying to adjourn a hearing
You should apply as soon as you think you need an adjournment. You must apply at least two full days before the hearing, unless the reason you want to adjourn arises in the two days before the hearing.
If the parties agree to adjourn the hearing
You must still file an application. In STEP 2 of the Form 7 - Application, tell the Tribunal that the parties agree to adjourn the hearing.