What do I submit with my NCAT application? | NCAT - the NSW Tribunal | Flat Chat Forum: Your Questions Answered




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What do I submit with my NCAT application?
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Hamish
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27/06/2017 - 10:07 am
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I am preparing a submission for NCAT relating to four issues:

Compulsory appointed managing agent re-appointing themselves as Executive committee for another 12 months after only being appointed for 12 months.

Repairs and maintenance issues not resolved in 28 years

Common property used for exclusive use.

Retrospective approval for common property repairs and replacement.

Do I tender all my evidence in the initial submission or do I wait for the hearing to tender the bulk of my evidence of photos, emails, builders and engineer reportsreports, doctor reports, etc?

I look forward to your advice

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JimmyT
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27/06/2017 - 11:48 am
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The strata manager can't re-appoint themselves.  However it is commonplace for strata managers to ask for a re-appointment and be granted it on the grounds that the strata scheme isn't ready to run its own affairs.

Be warned that your weight of evidence might be more likely to confirm the reappointment than persuade the tribunal otherwise - unless you can prove that the strata manager hasn't done their job properly.

And, to answer your question, no you don't need to provide your evidence in advance as there is no longer a paper assessment of a case before a hearing.

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BONNIE L
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27/06/2017 - 12:44 pm
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Interesting having to prove the building or strata managers not having done their job properly. Wonder if that meant stewardship over a number of years?  

On such a basis, and provided I had proof, I would be keen to know if anyone has been through the mediation/tribunal process under the new rules so far?

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Hamish
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04/07/2017 - 8:48 am
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It is interesting you say you can hold back on evidence.  I spoke with a Fair Trading person who said all evidence should be included with the submission.  There should be very clear guidelines set down by NCAT regarding submissions for orders.  Not everyone can afford a lawyer.  NCAT encourages individuals to handle their own cases.

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Lady Penelope
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04/07/2017 - 10:28 am
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Hamish - This NCAT article supports your findings. The article also outlines what is required for NCAT submissions:

http://www.ncat.nsw.gov.au/Pag.....esses.aspx

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Hamish
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06/07/2017 - 2:30 pm
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Thank you

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JimmyT
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07/07/2017 - 11:19 am
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Just to belatedly add my two cents worth, this is what it says on the NCAT application form:

At the hearing, you will need to provide evidence to support your application. The type of information and documents you need to provide to NCAT will depend on the orders you are seeking.

Refer to the list of orders attached to this form for the information required. These documents will be provided to the other party.

If they are not included with your application, you will have to bring copies to the hearing for the other party. You should not provide any information you do not want disclosed to the other party.

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