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NCAT application fee reimbursement
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petya
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15/06/2018 - 10:49 am
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Dear all

Just wondering  – if I “win” an NCAT case, is it possible to get the NCAT application fee to be reimbursed by the party that “lost” the case?

Thank you!

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Lady Penelope
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15/06/2018 - 6:19 pm
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Costs are referenced here: http://www8.austlii.edu.au/cgi…..ta2013326/

You could ask for reimbursement in your Application but you need a good reason for doing so.  But why would you bother asking? The fee is only relatively small. 

If you have a Concession Card the fees are only $25. Ordinary person fees are $100. 

Being happy that you won should be reward enough, shouldn’t it?

From Walsh v The Owners Strata Plan No 10349 [2017] is the following extract:

“Under s 60 of the NCAT Act, the general rule is that parties pay their own costs. There must be “special circumstances” justifying an award of costs before the Appeal Panel will make a costs order.

60 Costs

(1) Each party to proceedings in the Tribunal is to pay the party’s own costs.

(2) The Tribunal may award costs in relation to proceedings before it only if it is satisfied that there are special circumstances warranting an award of costs.

(3) In determining whether there are special circumstances warranting an award of costs, the Tribunal may have regard to the following:

(a) whether a party has conducted the proceedings in a way that unnecessarily disadvantaged another party to the proceedings,

(b) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceedings,

(c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law,

(d) the nature and complexity of the proceedings,

(e) whether the proceedings were frivolous or vexatious or otherwise misconceived or lacking in substance,

(f) whether a party has refused or failed to comply with the duty imposed by section 36 (3),

(g) any other matter that the Tribunal considers relevant.

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petya
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15/06/2018 - 8:16 pm
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Thank you Lady Penelope

The fee is relatively small indeed but I can find better use for a 100$.

After reading the forum  I have an impression that SM agents are not really punished for not following rules, so I have concerns that even if I win the case it doesn’t really affect SM agent and nothing really stops them to repeat their wrong actions (in case if I’m right that it is actually wrong).  

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