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?