Tasmania Conciliation Conference — How to Prepare

The defendant filed a defence. Now instead of jumping straight to a hearing, the Magistrates Court of Tasmania schedules a compulsory conciliation conference. Most people walk in unprepared, treat it like a courtroom battle and waste the opportunity. Here's what actually happens and how to use it.

What Conciliation Is (and Isn't)

A conciliation conference under the Magistrates Court (Civil Division) Rules 1998 is an informal meeting conducted by a magistrate or court-appointed conciliator. The purpose is settlement, not judgment. No one is deciding who wins.

Both parties must attend if notified, unless the conciliator accepts sufficient reasons for non-attendance. If a party doesn't show, the court may enter judgment or make another order. If you cannot attend in person, contact the registrar about a telephone link; one may be arranged for undue expense or inconvenience, ill health, or the interests of justice.

Offers and admissions made at conciliation are not to be communicated to the magistrate hearing the trial until after final judgment (Rule 86). This lets the parties discuss settlement without the trial magistrate hearing those offers or admissions before deciding the case.

When It Happens

Conciliation is typically scheduled four to eight weeks after the defendant files their Form 4 defence. The registry sends a notice with the date, time and location. Conferences usually take place at the registry where the claim was filed — Hobart, Launceston, Devonport or Burnie.

How to Prepare

Bring your evidence bundle. Even though this isn't a hearing, having your documents organised shows the conciliator (and the other side) that you're serious and ready for trial. Include the contract or agreement, invoices, receipts, photos of damage, relevant correspondence, and your letter of demand with proof of delivery.

Know your best alternative to settlement. Before you walk in, decide: what's the minimum you'd accept? If the defendant offers $3,000 on a $5,000 claim, is that worth avoiding the time and uncertainty of a hearing? Conciliation works when both sides come with realistic positions, not maximalist demands.

Prepare a one-page chronology. A clear timeline — date of agreement, date of breach, demand letter sent, amount outstanding — helps the conciliator understand the dispute quickly. The conciliator hasn't read your claim form in detail before the conference.

Anticipate the other side's arguments. The defence form (Form 4) tells you what the defendant is disputing. Bring documents that specifically address those points. If they say the work was completed, bring photos or expert quotes showing it wasn't. If they dispute the amount, bring the calculations.

During the Conference

The conciliator opens by explaining the process and ground rules. Each side gets a chance to outline their position. The conciliator may ask questions, highlight strengths and weaknesses in each side's case, and suggest middle ground.

Stay factual and professional. The conciliator is assessing both parties informally — your credibility matters even though this isn't sworn testimony.

If You Reach Agreement

The terms are drafted into a Consent Order, signed by both parties and filed with the court. This is a legally binding court order — if the other side doesn't comply, you can enforce it the same way you'd enforce a judgment.

If Conciliation Fails

The matter is adjourned and scheduled for a formal hearing. The court issues directions specifying deadlines for filing and exchanging evidence bundles. You'll then present your case before a magistrate under the informal evidence rules that apply to minor civil claims.

For conciliation preparation checklists and the full claim process, see our Tasmania minor civil claim guide.

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