Ncat

<html><body>
GUEST OBSERVER
The Strata Schemes Management Act 2015 (NSW), which is now expected to commence on 1 October 2016, makes some significant changes to the existing statutory dispute resolution procedures that strata manager’s, owners corporations and lot owners should be aware of. These are detailed below but first, we look at the existing dispute resolution process.
The Current Dispute Resolution Process
The current Act, the Strata Schemes Management Act 1996 (NSW), requires most strata disputes to be mediated prior to an application being accepted by the NSW Civil &amp; Administrative Tribunal (NCAT) registry. There are a few exceptions including applications for interim orders and applications for the compulsory appointment of a strata manager. Mediations are usually conducted by mediators from the Office of Fair Trading. Mediations can take between one to three weeks to arrange.
Adjudicator’s Orders 
If an agreement was not reached at mediation, or, if the mediation agreement has been breached, in most instances the next step is to file an application for Strata Scheme’s Adjudicator’s orders. These applications are “heard on the papers”. This means that the applicant, respondent and any interested parties must file written submissions and evidence in accordance with the timetable provided by the NCAT registry. Evidence is usually by way of a statutory declaration. To view submissions made by interested parties you must contact the NCAT registry and make arrangements to view the file. NCAT copying fees will apply if you wish to make copies. After the closing date for submissions, an Adjudicator is assigned and they review the filed documents and make a written decision which is then posted out to the parties.
If you wish to appeal the decision of an Adjudicator then you must file an application for NCAT orders. Strict time limits apply and legal advice should be sought on the date the order takes effect and the time limit for filing an appeal. Leave to appeal outside of time can be applied for however it can be difficult to obtain. Costs orders are not available in this type of application.
Interim Orders 
These are Adjudicator’s orders that are made on an urgent and usually ex parte (meaning without the other party being present) basis. They are generally reserved for matters where an order is required to preserve the status quo prior to an Adjudicator making final orders. Interim order applications must be filed together with applications for Adjudicator’s orders.
Tribunal Orders
Applications for Tribunal orders are filed with the NCAT Registry. The Registry serves the application and a notice of directions hearing. Unlike Adjudicator’s orders, the parties must attend NCAT for hearings. Applications can be made for telephone hearings in some circumstances.
There is no right of appearance in NCAT and leave to appear must be sought at either the first directions hearing or in writing beforehand. At the first direction hearing, orders setting out a timetable for the progression of the matter are made. These will include dates when submissions and evidence are due. The Registry will also re-list the matter, for a further directions hearing or for final hearing.
Although the rules of evidence do not apply (except in civil penalty matters such as for a breach of a notice to comply) the proceedings are similar to court proceedings in that both parties are to appear and argue their case before a NCAT member. The Member may restrict each parties’ time to provide arguments and adduce its evidence. At the end of arguments the Member may reserve their decision or give an oral decision when the arguments have closed. You have the right to request written reasons for the decision.
Appeals are strictly limited both in time and the types of appeals that can be made. We recommend you seek legal advice before instituting any appeal.
 The new NCAT Process
The Strata Schemes Management Act 2015 provides for a new dispute resolution process. Owners Corporations can establish their own independent dispute resolution process and the NCAT is given wider powers. Mediation is still required however prior to applying for orders for most types of matters.
Arguably the largest change is that there will be no more applications for Adjudicator’s orders and all applications must be made for Tribunal orders. This means that all applications will now be heard in person (or if leave is granted over the telephone) and parties will need to attend the NCAT to present their arguments and evidence. Leave to appear is still required and the same provisions of the Civil &amp; Administrative Tribunal Act 2013 (NSW) apply to applications for leave. The process for Tribunal orders detailed above will remain the same although it is expected that there will be an increase in the number of matters listed at each directions hearing (meaning more time should be set aside to attend directions hearings) due to all matters now being heard by the Tribunal.
The ability to appeal from a Tribunal decision is unchanged. 
Allison Benson is legal practitioner director, Kerin Benson Lawyers and can be contacted <a href="https://kerinbensonlawyers.com.au/">here</a>.
</body></html>

jchancellor-FAypfDUnLy

Property 101:  Dispute resolution and NCAT

<html><body>
The Real Estate Institute of New South Wales, after a two year absence and intense lobbying, has welcomed the recommencement of tenancy cases being heard in Parramatta.
Announced on Friday, Attorney General Greg Smith said that the area would once again host regular sittings, this time of the new super tribunal - the New South Wales Civil and Administrative Tribunal, more commonly referred to as NCAT.
This will happen from 30 June 2014, and will see NCAT sit in Parramatta three days each week as a service for tenants and landlords.
This has been welcomed by the president of the REINSW, Malcolm Gunning, who said that it was needed for Sydney's west. Estimations are currently that up to 40 issues would be heard per day in Parramatta.
“We were very concerned when old Consumer, Trader and Tenancy Tribunal (CTTT) stopped operating in Parramatta in early 2012," said Gunning.
“Resolving disputes in Parramatta is a win for everyone in the property industry, especially landlords and tenants who will no longer face the costs and time restraints of having to travel to the Sydney or Penrith Register to have their case heard."
“Our efforts over the last two years to highlight the importance of tribunal hearings in Parramatta have been vindicated by this decision,” he said.
NCAT is the replacement to the CTTT system, that is said to simplify the "complex and bewildering" system, according to Smith.
“The NSW Civil and Administrative Tribunal (NCAT) will be a one-stop shop for almost all state tribunals, ranging from relatively small bodies such as the Chinese Medicine Tribunal through to the much larger Consumer, Trader &amp; Tenancy Tribunal,” said Smith.
It deals with tenancy disputes, customer complaints, applications for guardianship and a number of other issues.
After operating from 2 January 2014, NCAT conducted 28,000 hearings in 100 days.
Parramatta hearings will be held in a room at the Commonwealth Law Courts building.
“This is great news for Western Sydney and consolidates Parramatta’s position as the state’s largest legal hub outside of Sydney’s CBD," said Smith.
“It follows confirmation that the Court of Criminal Appeal will sit in Parramatta for two weeks in July and August, with the Chief Justice of NSW Tom Bathurst to be among the judges presiding over the hearings.”
Regular Supreme Court sittings may also be a possibility, with Chief Justice Bathurst examining this in the future.
“While the old Consumer, Trader and Tenancy Tribunal sat in Parramatta until early 2012, many of the tribunals that have joined NCAT have never conducted regular hearings in Sydney’s west,” said Smith.
“NCAT will provide the people of Western Sydney with quick and cost effective access to justice.
“Tribunal proceedings are typically less formal than a traditional court hearing and often achieve earlier resolutions.”
</body></html>

Ncat

Editor's Picks

Have something to contribute?

Developments

New apartments

New townhouses

News

Ncat

Editor's Picks

Receive the latest news stories to your inbox

Have something to contribute?

Developments

New apartments

New townhouses

News