Application to Amend a Response to a Complaint

Information Sheet GA 6

This information sheet tells you:

How to change a response

A respondent must:

  • File a Form 3 – Amendment
  • Deliver a copy to the other participants
  • Apply to change the response if required

A respondent can change the response without an application if the hearing date is more than four months away.

When a respondent must apply to change a response

A respondent must apply if the hearing date is less than four months away.

There is one exception if the Tribunal lets the complainant change the complaint. The respondent then may:

  • respond to the new allegation within 3 weeks, or
  • rely on their response without changing it

Legal test: change a response if the hearing is less than 4 months away

You must show that changing your response will help get to a “just and timely resolution” of the complaint.

The Tribunal will consider the effect on the process and the outcome.

  • How will it affect the time to solve the complaint?
  • How much would it cost the other side?
  • Would it affect a participant’s ability to present their side?
  • Would it affect a participant’s chance to have a say about something important? For example, something that could affect the outcome of the complaint.

In the application, explain:

  • How is the change important?
  • Why didn’t you change the response earlier?
  • Will the change delay the hearing?