General applications
GA8: File a further submission on application
Last updated: January 24, 2024
Page contents
- What are “further submissions”
- Deadline to apply
- How to apply
- Legal test for making a further submission
What are “further submissions”
Submissions are a participant’s arguments and evidence.
When a participant applies for an order, the Tribunal may set dates for:
- the other participants to respond
- the participant who made the request to reply.
Usually, the Tribunal will not allow more “submissions”. Everyone has had their say. The process would go on and on if participants keep adding new points or evidence.
You must apply to give the Tribunal more arguments or evidence.
Deadline to apply
There is a deadline to apply after:
- you receive a reply submission and want to respond to something new in it
- you get new information you want to give the Tribunal
Immediately: Tell the Tribunal and other participants that you are going to apply. Tell them by phone or in writing.
Within one week: Apply.
How to apply
When you apply to file a further submission on an application, you must attach the further submission.
Legal test for making a further submission
You must show three things:
- Something new in the submission or new information
- Your further submission only responds to what is new
- It would be unfair if you couldn’t respond
1. New issue or information
If you want to respond to a point in a submission, explain:
- The new point is not in the other participant’s earlier submission
- The new point is not in your earlier submission
- Why you couldn’t have dealt with the point in your earlier submission
If you want to give the Tribunal new information, explain:
- How you just learned of the information
- Why you couldn’t give it with your earlier submission
2. Submission limited to what is new
You must attach your further submission to your application.
Explain that you are only responding to a new point or giving the new information
Do not repeat your earlier submission or talk about other things.
3. Fairness
Explain why it would be unfair if you can’t make a further submission.
How is the new point or information important to the application?