Application to Join Two or More Complaints

Information Sheet GA 7

Joining complaints means that the Tribunal will proceed with the complaints together. For example, the complaints would be addressed at the same settlement meeting and hearing.

Conditions for joining two or more complaints: section 21(6) of the Human Rights Code

To have two complaints joined, you must apply using a General Application. Your application must show:

It is fair and reasonable in the circumstances to proceed with the complaints together.

Information the Tribunal will consider

Generally, the Tribunal considers whether it would save time and resources to join the complaints. This will depend on how similar the complaints are.

For example, the Tribunal has joined multiple complaints against one respondent, arising from closely-related circumstances

Considerations may include:

  • Are the legal issues similar?
  • How much overlap is there between the parties and their representatives?

    For example, are the complaints against the same respondent?

    For example, do the complainants have the same or different lawyers?

  • How much overlap is there between the evidence in each case?

    For example, is the evidence about the same or different events? Did the same events affect the complainants, or will the evidence relate to the individual circumstances of each complainant?

  • How much overlap is there between the witnesses and documents in each case?
  • Would proceeding together raise concerns about fairness for any of the parties?