Application to File a Further Submission on an Application

Information Sheet GA 8

A participant requesting an order files an application, including their argument and evidence. The Tribunal usually sets a schedule for submissions: First, the participants opposing the order respond; second, the participant requesting the order replies.

These are the only submissions the Tribunal will normally consider. In exceptional cases, the Tribunal may agree to consider a further submission.

Notification required

You must immediately notify the Tribunal and other participants by phone or in writing if you intend to apply to file a further submission.

Time limit for applying

You must file a General Application within one week of receiving the submission to which you want to respond or receiving the new evidence you want the Tribunal to consider.

Conditions for making a further submission

To make a further submission, you must show:

  1. The party’s submission raised a new issue, or you have received new evidence not available to you when you made your earlier submission
  2. Your submission is limited to that new issue or new evidence
  3. Fairness requires that you have the chance to respond to the new issue or to provide the new evidence

1. New Issue or new evidence

A new issue is one that is not raised in the other party’s first submission or in your response submission. If you should have dealt with the issue in your response, it is not new. If you raise an issue in your response submission, you should say all you have to say in your response. It is not a new issue if the other party replies to it.

New evidence is evidence that has just come to your attention. It is not new if you could have provided it with your earlier submission.

2. Submission limited to new issue or new evidence

You must attach the further submission and/or new evidence to your application. The Tribunal will only consider a further submission in response to the new issue or new evidence. Do not repeat your earlier submission, or address other matters.

3. Fairness

It may be unfair if a party does not have a chance to address an issue they did not anticipate would be raised in a reply submission. However, that does not mean fairness requires a chance to address every point. You should explain why fairness requires that you respond to the new issue. For example, explain how the issue is important to the outcome of the application, and/or how your interests are affected if you do not get to respond.

For new evidence, explain why the evidence is important to the application.