Flatchat paid a visit to the offices of the Consumer Trader and Tenancies Tribunal the other week and emerged mostly unscathed, despite our withering criticism of it in recent columns.
One thing we did come away with, however, was a plea to explain the adjudication system to those who are about to embark on the often long and painful task of trying to make their neighbours, owners corporation, strata managers, building managers, developers and/or executive committee do the right thing.
With a few exceptions, the process has to start with at least an attempt at mediation at the Office of Fair Trading.
If that fails, or if mediation isn’t mandatory, your next step is to apply to the CTTT for an adjudication. And the main thing to remember here is that it is decided on written evidence only. There is no hearing at this stage so you can save your bravura Boston Legal performance for a later date.
What you really need is lots of printed material. Signed statements from neighbours, and pictures of the illegally parked car or other by-law breaching behaviour will strengthen your case. Recordings of the barking dog or footsteps on uncarpeted floors can only help.
Include copies of any letters of complaint you sent and any replies you received, minutes of executive committee meetings, a copy of the bylaws, police report numbers, diarised notes of exactly when the offences occurred … anything that will turn a whinge like “my neighbour plays music too loud and he’s an idiot” into a coherent and compelling argument.
Logic will always win over emotions and overstating your case can often undermine it. The neighbour who complains about loud music or dogs barking “24/7” can look very silly if the source of the nuisance wasn’t there for any part of the relevant period.
One flaw in the paper adjudication system is that not everyone is equally comfortable with the written word or understands what is valuable or even relevant in presenting a case. My new best friends at the CTTT say that you can take your form into your nearest Fair Trading office and they will help. I’d be interested to hear from anyone who has tried.