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ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

11 Articles / Provisions · Malta
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Table of Provisions (11)

Statutory Text (11 Articles)

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

I assent.

(L.S.)

GEORGE VELLA

President

14th July, 2023

ACT No. XXIV of 2023

An ACT to amend the Consumer Affairs Act, Cap. 378, and the

Consumer Claims Tribunal Rules to increase the competence of the

Consumer Claims Tribunal and to make ancillary and consequential

provisions thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

(1) The short title of this Act is the Consumer Affairs Act Short title and

commencement.

and the Consumer Claims Tribunal Rules (Amendment) Act, 2023.

(2) This Act shall come into force on such date or dates as the

Minister may by notice in the Gazette establish, and different dates

may be so established for different provisions and for different

purposes of this Act.

PART I

Amendments to the Consumer Affairs Act

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

This Part amends the Consumer Affairs Act and shall be read Amendments to

and construed as one with the Consumer Affairs Act, hereinafter in the

Affairs Act.

this Part referred to as "the principal Act".

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

Article 20 of the principal Act shall be amended by the

following

(a) in sub-article (1) thereof, the words "does not exceed

five thousand euro (€5,000)" shall be substituted by the words

"does not exceed ten thousand euro (€10,000)"; and

(b) in the proviso to paragraph (b) of sub-article (2)

thereof, the words "exceeds five thousand euro (€5,000)" shall be

substituted by the words "exceeds ten thousand euro (€10,000)".

PART II

Amendments to the Consumer Claims Tribunal Rules

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

This Part amends the Consumer Claims Tribunal Rules and

shall be read and construed as one with the Consumer Claims Tribunal

Rules, hereinafter referred to as "the principal rules".

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

In rule 2 of the principal rules immediately after the definition

"prescribed fees" there shall be added the following new definition

" "remote location" means a place away from the

Consumer Claims Tribunal;".

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

Rule 3 of the principal rules shall be amended by the

following

(a) sub-rule 3.1.A thereof shall be substituted by the

following new sub-rule

"3.1.A. A claim may also be filed by registered

‘advice of receipt’ mail or electronically through the

dedicated online portal

Provided that where a claim before the Tribunal

is filed electronically outside Registry opening hours, such

claim shall be deemed to have been filed on the first

following day of the opening of the said Registry"; and

(b) in sub-rule 3.4 thereof, the words "five thousand euro

(€5,000)" shall be substituted by the words "ten thousand euro

(€10,000)".

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

Sub-rule 4.2.A of rule 4 of the principal rules shall be

substituted by the following new sub-rule

"4.2.A. A reply to a claim may also be filed by registered

‘advice of receipt’ mail or electronically through the dedicated

online portal

Provided that where a reply to a claim before the

Tribunal is filed electronically outside Registry opening hours,

such reply shall be deemed to have been filed on the first

following day of the opening of the said Registry.".

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

In sub-rule 5.3 of rule 5 of the principal rules, the words "five Amendment of

thousand euro (€5,000)" shall be substituted by the words "ten rule

thousand euro (€10,000)".

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

Immediately after sub-rule 11.7 of rule 11 of the principal Amendment of

rules there shall be added the following new sub-rule

Malta Government Gazette — Act 2023 24 · Gazzetta tal-Gvern ta’ Malta Nru. 21,086 – 14.07.2023 — ACT No. XXIV of 2023 An ACT to amend the Consumer Affairs Act, Cap. 378, and the Consumer Claims Tribunal Rules to increase the competence of the Consumer Claims Tribunal and to make ancillary and consequential provisions thereto.

7.A. (1) In any claim, the Tribunal may on

application of one of the parties or ex officio, declare

that any party or witness in a remote location shall be

treated as being present in the Tribunal for any part of

the proceedings, or for the entirety of the proceedings.

(2) The Tribunal shall not give an order under sub-

rule (1) unless

(a) it is satisfied that facilities are

available which enable persons in the remote

location to participate in an active manner in the

sitting presided by the Tribunal;

(b) if it is unfair to any of the parties to

hold sittings by live video conferencing links; or

(c) if it is contrary to the interests of

justice to do so.

(3) If the Tribunal decides not to give an order under

sub-rule (1) to hold sittings by video conference links, it

shall give its reasons for the refusal.

(4) Without prejudice to the provisions of the Act

and to any regulations and rules made thereunder, the

Tribunal shall regulate its own procedure for the

administration of live video conferencing procedures."

10. The First Schedule to the principal rules shall be substituted Substitution of

by the following new Schedule

"FIRST SCHEDULE

TARIFF A

Fees payable in the Registry of a Tribunal

1. For filing a notice of claim or a reply together with a notice of

where the amount claimed does not exceed €580.00..........€7.00

where the amount claimed does not exceed €1,165..........€11.50

where the amount claimed does not exceed €2,330 .........€18.50

where the amount claimed does not exceed €3,500 .........€23.00

where the amount claimed does not exceed €5,000 .........€27.50

where the amount claimed does not exceed €6,500 .........€32.00

where the amount claimed does not exceed €8,500..........€36.50

where the amount claimed exceeds €8,500 ......................€41.00

2. For filing a reply to a claim without a notice of a counterclaim

or a reply to a counterclaim ……….........………………………€7.00

3. For the filing of any application or any other act including the

filing of a technical referee’s report …………………………......€2.00

4. For every service ..………………………………………€2.50

5. For each final decision of a Tribunal

in respect of the first €1,165…....………...................……€9.50

in respect of any value not exceeding €5,000...…............€18.50

in respect of any value in excess of €5,000......................€27.50

TARIFF B

Fees payable in respect of Publications

1. For the publication of adverts in the Gazette, for every

insertion……................................................................................€5.00

TARIFF C

Fees payable in the Registry of the Court of Appeal

1. For the filing of an application of appeal....……...….€35.00".

11. The Second Schedule to the principal rules shall be Substitution of

the Second

substituted by the following new Schedule

Schedule to the

principal rules.

" SECOND SCHEDULE

REGISTRY FILE

NO.

LOCATION

FORM 1

NOTICE OF CLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

FROM

CLAIMANT

(who is making the claim)

Indicate the name, identity

card number, postal

address, email address and

telephone/mobile number

of the person making the

claim

TO

DEFENDANT

(who is receiving the claim)

Indicate the name, postal

address, email address

and telephone/mobile

number of the person

against whom the claim

is being made (any other

identification details

available, including

identity card number or

company registration

number are to be

included)

NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE

Whoever is served with this Notice of Claim must within 18 days from the date of service file

a reply. If he/she fails to do so, the Tribunal may then proceed to determine the dispute in his/

her absence.

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

DETAILS OF THE CLAIM

DECLARATION BY CLAIMANT

I/we referred my/our claim to the Director General (Consumer Affairs)/registered consumers’

association who tried to settle my/our dispute but no settlement was achieved within 15

working days.

Indicate the reference number of the

Reference number

Office for Consumer Affairs/registered

consumers’ association’s file relating to

your claim and state the date when you

Date

referred your claim to the Director

General or the consumers’ association,

as the case may be.

AMOUNT CLAIMED

Indicate how much is being

€

claimed from the defendant

I declare that any amount of my claim in excess of

FORFEITING PART OF

€10,000.00 is being forfeited

A CLAIM

If you are forfeiting part of

………………………………………………………………

your claim in excess of

Signature

€10,000.00, you should

sign this declaration

STEP 1

CLAIMANT (who is making the claim)

Complete the Notice of Claim by writing clearly or by

You must ensure that the address that you indicate is

typing in the information required.

correct because the Secretary to the Tribunal shall

send you other notices or information in the

STEP 2

indicated address. If your address changes please

notify the Secretary immediately on 21227070 or

The Notice of Claim is to be filed at the Consumer

send an email on tribunal.cases@mccaa.org.mt.

Claims Tribunal Registry. You must pay a filing fee,

which depends on the amount you are claiming, and a

DEFENDANT (who is receiving the claim)

service fee. The Secretary to the Tribunal will then

You must ensure that the name and address of the

proceed to serve, on your behalf, the defendant with a

defendant are correct. If there is more than one

copy of the Notice of Claim.

defendant, indicate the name of each defendant (side

by side) in the space provided. In such a case, however,

STEP 3

you must ensure that the claim is a result of the same

transaction.

If the defendant files a reply, you will be served with a

When the defendant is a limited liability company, the

copy of the reply. If no reply is filed within 18 days of

claim must be made against the said company and not

the date of the notification of the Notice of Claim, you

against its directors or employees of the said company.

may apply for a default order against the defendant

When the defendant operates under a trade name, the

who failed to file a reply.

claim must be made against the owner of the business.

AMOUNT CLAIMED

If the value of your claim is more than €10,000.00

(excluding filing and services fees) you may still

present your claim before the Tribunal if you are

prepared to forfeit the amount of your claim in excess

of €10,000.00. In such a case you must then declare

under ‘Forfeiting part of the claim’ that you are

forfeiting the amount of your claim in excess of

€10,000.00.

EXPLAIN WHAT HAPPENED

Indicate what is being claimed. Keep your description

brief and indicate sufficient facts in order that the

defendant is clearly informed about what your case is

all about. You shall have the opportunity to present all

the facts during the hearing. You must include

photocopies of all the relevant documentation that you

intend to file.

WHERE TO FILE A NOTICE OF CLAIM

A Notice of Claim must be filed in the Registry of the

Tribunal where the transaction to which the claim

refers took place.

In case you require further information or guidance, you may

contact the Secretary to the Tribunal on 21227070 or by sending

an email to tribunal.cases@mccaa.org.mt

DETAILS OF THE CLAIM - continued

INDICATE YOUR

Name and surname of persons you intend to call as witness

WITNESSES IN

THIS PART

EXPLAIN WHAT

YOU MAY ATTACH EXTRA SHEETS IF SPACE IS

HAPPENED

INSUFFICIENT

Indicate what is being

claimed by briefly

explaining the facts that

led to the dispute

Would you consider

YES

NO

a virtual sitting

(remote location)

instead of physically

attending at the

Tribunal?

Signature of claimant

Date

REGISTRY FILE NO.

LOCATION

FORM 1A

NOTICE OF COUNTERCLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

FROM

DEFENDANT

(who is receiving the claim)

Indicate the name,

identity card number

and/or company

registration number,

postal address, email

address and

telephone/mobile

number of the

defendant filing this

reply

TO

CLAIMANT

(who is making the claim)

Indicate the name,

identity card number,

postal address, email

address and telephone

number/mobile

number of the person

making the claim

against you

NOTICE TO THE PARTY AGAINST WHOM THE COUNTERCLAIM IS MADE

Whoever is served with the Notice of Counterclaim must within 18 days from the date of

service, file a reply to a counterclaim. If he/she fails to do so, the Tribunal may then proceed to

determine the dispute in his/her absence.

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

AMOUNT CLAIMED

State how much is being

€

claimed from the claimant

I declare that any amount of my claim in excess of

FORFEITING PART OF

€10,000.00 is being forfeited

A CLAIM

If you are forfeiting part of

………………………………………………………………

your claim in excess of

Signature

€10,000.00 you should sign

this declaration

Kindly indicate the Registry file number of the claim made

against you: CCT ................................

STEP 1

FROM

Complete the Notice of Counterclaim by writing clearly or You must ensure that the address that you

by typing in the information required.

indicate is correct because the Secretary to the

Tribunal shall send you other notices or

STEP 2

information in the indicated address. If your

address changes please notify the Secretary

The Notice of Counterclaim is to be filed at the Registry of

immediately on 21227070 or send an email

the Consumer Claims Tribunal. You must pay a filing fee

on tribunal.cases@mccaa.org.mt.

which depends on the amount you are claiming and a service

fee. The Secretary to the Tribunal shall then proceed to serve TO

the claimant on your behalf with a copy of the Notice of

Counterclaim together with your Reply to a Claim.

You must ensure that the name and address of the

claimant are correct. If there is more than one

STEP 3

claimant, indicate the name of each claimant

(side by side) in the space provided. In such a

If the claimant files a Reply to a Counterclaim, you shall be

case, however, you must ensure that the claim is a

served with a copy of that reply. If no reply to a counterclaim

result of the same transaction.

is filed within 18 days from the date of the notification of the

Notice of Counterclaim, you may apply for a default order AMOUNT CLAIMED

against the claimant who failed to file a reply to the

counterclaim.

If the value of your counterclaim is more than

€10,000.00 (excluding filing and services fees)

you may still present your counterclaim before

the Tribunal if you are prepared to forfeit the

amount of your claim in excess of €10,000.00. In

such a case you must then declare under

‘Forfeiting part of the claim’ that you are

forfeiting the amount of your claim in excess of

€10,000.00.

EXPLAIN WHAT HAPPENED

Keep your description brief and indicate

sufficient facts in order that the claimant is

clearly informed about what your case is all

about. You shall have the opportunity to present

all the facts during the hearing. You must include

photocopies of all the relevant documentation

that you intend to file.

WHERE TO FILE

A

NOTICE

OF

COUNTERCLAIM

A Notice of Counterclaim must be filed in the

Registry of the Tribunal where the transaction to

which the claim refers took place.

In case you require further information or guidance, you may

contact the Secretary to the Tribunal on 21227070 or by sending

an email to tribunal.cases@mccaa.org.mt

DETAILS OF THE COUNTERCLAIM - continued

INDICATE YOUR WITNESSES

Name and surname of persons you intend to call as

IN THIS PART

witness

EXPLAIN WHAT HAPPENED

YOU MAY ATTACH EXTRA SHEETS IF

SPACE IS INSUFFICIENT

Indicate what is being claimed by

briefly indicating the facts that led to

the dispute

YES

NO

Would you consider a virtual

sitting (remote location) instead of

physically attending at the

Tribunal?

Signature of claimant

Date

REGISTRY FILE NO.

LOCATION

FORM 2

REPLY TO A CLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

TO

CLAIMANT

(who is making the claim)

Indicate the name,

identity card number,

postal address, email

address

and

telephone/mobile

number of the person

making the claim

against you.

FROM

DEFENDANT

(who is receiving the claim)

Indicate the name,

identity card number

and/or

company

registration number,

postal address, email

address

and

telephone/mobile

number

of

the

defendant filing this

reply.

NOTICE TO DEFENDANT

If with the Reply to a Claim you intend to make a counterclaim, you must complete a Notice

of Counterclaim as well, following the instructions on that form (Form 1A). You must ensure

that your Notice of Counterclaim is filed together with the Reply to a Claim.

FOR OFFICE USE ONLY

AMOUNT CLAIMED*

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

*The amount claimed is only applicable if as a defendant you are also filing a counterclaim

together with this reply.

FROM

Complete the Reply to a Claim by writing clearly or

You must ensure that the address that you indicate is

by typing in the information required.

correct because the Secretary to the Tribunal shall

send you any other notices or information at the

indicated address. If your address changes, please

notify the Secretary to the Tribunal immediately by

calling on 21227070 or send an email on

tribunal.cases@mccaa.org.mt.

The Reply to a Claim is to be filed at the Registry of

the Consumer Claims Tribunal. You must pay filing

and service fees. The Reply to a Claim must be filed

DISPUTE

within 18 days from when you are served with the

Notice of Claim.

You must keep your description of facts brief and

include sufficient details to indicate to the claimant

and to the Tribunal which parts of the claim you are

contesting and the reason. If there are parts in the

Notice of Claim with which you agree, you must

ensure to include them in your reply.

The Secretary to the Tribunal shall send a copy of

your Reply to a Claim to the claimant. The date of

hearing, the place where the dispute will be heard

and the presiding Arbiter are specified in the Notice

COUNTERCLAIM

of Hearing form you received together with this

If you intend to make a counterclaim, that is a claim

against the claimant, you must also complete the

Notice of Counterclaim together with your Reply to a

Claim. To be entitled to make a counterclaim, such

claim must be connected to, or related to the claim

that the claimant has made against you.

In case you require further information or guidance, you may

contact the Secretary to the Tribunal on 21227070 or by sending an

email to tribunal.cases@mccaa.org.mt

DETAILS OF THE REPLY TO A CLAIM - continued

L I S T

Y O U R

Name and surname of persons you intend to call as witness

WITNESSES IN THIS

PART

DISPUTE

YOU MAY ATTACH EXTRA SHEETS IF SPACE IS

INSUFFICIENT

Indicate

if

you

are

contesting the claim that is

being made against you. If

you are contesting it, you

must explain the parts that

you disagree with and the

reason.

Would you consider a

YES

NO

virtual sitting (remote

location)

instead

of

physically attending at

the Tribunal?

Signature of defendant

Date

REGISTRY FILE NO.

LOCATION

FORM 2A

REPLY TO A COUNTERCLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

TO

DEFENDANT

(who is receiving the claim)

Indicate the name,

identity card number

and/or company

registration number,

postal address, email

address and

telephone/mobile

number of the person

making the

counterclaim against

you

FROM

CLAIMANT

(who is making the claim)

Indicate the name,

identity card number,

postal address, email

address and

telephone/mobile

number of the

claimant filing this

reply to a

counterclaim

FOR OFFICE USE ONLY

FILING FEES

€

SERVICE FEES

€

TOTAL

€

STEP 1

FROM

Complete the Reply to a Counterclaim by

You must ensure that the address that you

writing clearly or by typing in the

indicate is correct because the Secretary to the

information required.

Tribunal shall send you any other notices or

information at the indicated address. If your

address changes at any time, please notify the

STEP 2

Secretary to the Tribunal immediately on

21227070

or

send

an

email

on

The Reply to a Counterclaim has to be filed

tribunal.cases@mccaa.org.mt.

in the Registry of the Consumer Claims

Tribunal. You must pay filing and service

DISPUTE

fees. The Reply to a Counterclaim must be

You must keep your description brief and you

filed within 18 days from when you are

must include sufficient details to indicate to

served with the Notice of Counterclaim.

the defendant and to the Tribunal which parts

of the claim you are contesting and the reason.

STEP 3

If there are parts in the Notice of

Counterclaim with which you agree, you must

The Secretary to the Tribunal shall serve a

ensure to include them in your reply.

copy of your Reply to a Counterclaim upon

the defendant. The date of hearing, the place

where the dispute will be heard, and the

presiding Arbiter are those specified in the

Notice of Hearing form you were served with

following the filing of your Notice of Claim.

In case you require further information or guidance, you may

contact the Secretary to the Tribunal on 21227070 or by sending

an email to tribunal.cases@mccaa.org.mt

DETAILS OF THE REPLY TO A COUNTERCLAIM - continued

INDICATE YOUR

Name and surname of persons you intend to call as

WITNESSES IN THIS

witness

PART

DISPUTE

YOU MAY ATTACH EXTRA SHEETS IF SPACE

IS INSUFFICIENT

Indicate if you are contesting the

claim that is being made against

you and explain why you disagree

with the claim.

Yes

No

Would you consider a virtual

sitting (remote location)

instead of physically attending

at the Tribunal?

Signature of defendant

Date

REGISTRY FILE NO.

LOCATION

FORM 3

APPLICATION FOR A DEFAULT ORDER IN THE CONSUMER

CLAIMS TRIBUNAL

In the case between

Indicate the names

CLAIMANT

of the parties to the

(who is making the claim)

dispute by copying

the details from the

Notice of Claim

AND

DEFENDANT

(who is receiving the claim)

Name of party

APPLICANT

making the

(who is making this application)

application

I respectfully request that this Tribunal issues a default order against

(indicate the official name and surname, postal address and the

identity card number, if available, of the party against whom the

default order is being requested)

I confirm that the total amount still due to me is the following

€

Date

Signature of Applicant

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

Expenses

€

Interest

€

DECREE BY ARBITER

Signature of Arbiter

Date

REGISTRY FILE NO.

LOCATION

FORM 4

NOTICE OF HEARING

IN THE CONSUMER CLAIMS TRIBUNAL

CLAIMANT

(who is making the claim)

AND

DEFENDANT

(who is receiving the claim)

Please be informed that the hearing of your dispute shall take place before an

Arbiter of the Consumer Claims Tribunal

Date

Time

(Address where the hearing shall be held or virtual link (if applicable))

(Name of Arbiter)

Signature of Secretary to the Tribunal

Date

WARNING TO PARTIES

Please be advised that if you fail to attend for the hearing without giving a valid reason, the

Arbiter may proceed to decide the dispute in your absence and he may decide to award the

expenses against you. If you cannot attend for the hearing you must immediately inform the

Tribunal in writing requesting a postponement, explaining why you cannot attend. In any

case, it is at the discretion of the Tribunal to decide whether your request is justified or

otherwise.

NOTICE OF HEARING

1. You must ensure that you attend for the hearing at least ten

(10) minutes before the appointed time.

2. You must ensure that you are fully prepared, since this will be

your only opportunity to state your case and submit your evidence to

the Tribunal.

3. You must follow the following important points

- You must ensure that you bring all the documents that are

relevant to the case such as receipts, correspondence or

agreements.

- You must ensure that any witnesses whose evidence you

need arrive early. If a witness is not prepared to attend

voluntarily, then you should apply to the Tribunal for the issue of

a Summons of Witness (Form 5). The summons is an order of the

Tribunal informing the witness to attend for the hearing.

- You must prepare what you intend to state beforehand.

- You must ensure that all the facts are in chronological

order. During the hearing you may refer to any notes you may

have prepared beforehand.

- When appearing before the Tribunal, it is essential that

you dress appropriately. Men are required to wear a jacket and a

tie.

REGISTRY FILE NO.

LOCATION

FORM 5

SUMMONS TO WITNESS

IN THE CONSUMER CLAIMS TRIBUNAL

Indicate the names

CLAIMANT

of the parties to the

(who is making the claim)

claim by copying

the details from the

Notice of Claim

AND

DEFENDANT

(who is receiving the claim)

TO

WITNESS

Indicate the name

and address of the

person you require

to attend the

Tribunal hearing

Indicate the name of

the party who

APPLICANT

requires witness

(who is making this application)

DATE AND

ADDRESS

The witness is required to attend before the Consumer Claims

Tribunal

Indicate the

place, date and

time of the

on

hearing

Date

Time

at

at

(Official address of the Tribunal where the witness must attend or

the virtual link (if applicable))

THE REASON FOR WHICH THE WITNESS IS BEING

SUMMONED

Indicate briefly

to your witness

why you

require his/her

evidence

Witness is required to bring these documents and/or other

things

If you require

the witness to

bring to the

sitting any

documents or

other things,

you must list

them here

Sign and

indicate the

date of your

Signature of party applying for summons

Date

summons

FOR OFFICE USE ONLY

DECREE BY ARBITER

After having considered this application for a summons to witness, I hereby authorise the

issue of this summons and order witness to appear at the place, time and date as aforesaid and

to bring all of the documents and, or things as required in this summons.

Signature of Arbiter

Date

NOTICE TO THE WITNESS

Once you have received a Notice of Summons duly authorised by the Tribunal, you must thus

attend for the Tribunal hearing on the date, and at the time and place indicated in this

summons and bring with you all documents or other things as indicated in the summons.

SUMMONS TO WITNESS

You do not need to request the Tribunal to issue a Summons to Witness if the witness is

prepared to attend voluntarily.

You must complete the Summons of Witness following the instructions on the form and by

writing clearly or typing in the information required.

The Summons to Witness must be filed in the Consumer Claims Tribunal Registry. If you

require the witness to bring any specific documents (example: invoices), you must list them in

your summons.

It is important to file the summons in good time before the date of the hearing when you

require the witness to attend. If a witness who is duly served with the summons fails to attend,

the Arbiter may issue an Order of Escort in his/her regard.

REGISTRY FILE NO.

LOCATION

FORM 6

ORDER OF ESCORT

IN THE CONSUMER CLAIMS TRIBUNAL

In the case between

CLAIMANT

(who is making the claim)

AND

DEFENDANT

(who is receiving the claim)

TO

(Officer executing order of escort)

Whereas the witness

(Full name and address of witness)

was served with a Summons of Witness at the hearing of this dispute and the said witness

failed to obey the summons, and I am satisfied that the evidence of the witness is material to

this dispute,

YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS

BEFORE THIS TRIBUNAL

Date

on

at

Time

(Address where the hearing of the Tribunal is to be held)

at

Signature of Arbiter

Date

REGISTRY FILE NO.

LOCATION

FORM 7

BLANK APPLICATION

IN THE CONSUMER CLAIMS TRIBUNAL

Indicate the names

CLAIMANT

of the parties to the

(who is making the claim)

claim by copying

the details from the

Notice of Claim

AND

DEFENDANT

(who is receiving the claim)

Indicate the name of

the party making the

applicaiton

APPLICANT

(who is making this application)

Briefly indicate

what you are

claiming

………………

Signature of Applicant

………………

Date

".

Passed by the House of Representatives at Sitting No. 145 of the

10th July, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.79

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