Experienced NCAT Strata Lawyers Sydney & NSW

What is the role of NCAT in strata disputes?

NCAT, the NSW Civil and Administrative Tribunal, is the primary forum in New South Wales for resolving strata disputes. It provides a low-cost and accessible process, often requiring parties to attempt mediation or other alternative dispute resolution methods before a formal hearing. NCAT deals with a wide range of disputes between lot owners, owners corporations, and other strata stakeholders.

Can I get legal representation for my NCAT strata case?

Yes, legal representation is possible in an NCAT strata matter, but a party must usually obtain permission (known as “leave”) from the Tribunal. A strata lawyer can assist with preparing applications, providing legal advice, representing you in mediation, and drafting submissions, which can be particularly valuable given the complexity of strata law.

What types of strata issues does NCAT handle?

NCAT handles a broad range of strata disputes, including by-law enforcement issues such as pets, noise, and renovations, failures by owners corporations to maintain common property, building defect claims under the Home Building Act 1989, disputes about unauthorised works, strata committee conduct, compulsory strata management applications, and disagreements over unit entitlements.

What is the general process for an NCAT strata application?

The NCAT process usually begins with lodging an application and supporting documents. The Tribunal may then direct parties to mediation. If the dispute is not resolved, NCAT will hold directions hearings, set timelines for evidence and submissions, and ultimately conduct a final hearing where a Tribunal Member makes a binding decision.

What if I disagree with an NCAT decision in my strata matter?

If you disagree with an NCAT decision, you may be able to appeal the outcome. This can include an internal appeal to the NCAT Appeal Panel or, in some circumstances, an appeal to a higher court such as the NSW Supreme Court. Legal advice is strongly recommended to assess your appeal rights and deadlines.

What is mediation in the context of NCAT strata disputes?

Mediation is a form of alternative dispute resolution where an independent mediator helps the parties discuss their issues and attempt to reach a mutually acceptable agreement. NCAT frequently requires mediation before a hearing, as it can resolve disputes efficiently without the need for formal proceedings.

Do I need a strata lawyer for NCAT matters?

While a strata lawyer is not mandatory for NCAT proceedings, engaging one is often beneficial. Strata law and Tribunal procedures can be complex, and a lawyer can help protect your rights, ensure compliance with legislation, and present your case effectively.

What is the owners corporation’s duty regarding common property?

Under section 106 of the Strata Schemes Management Act 2015, an owners corporation has a strict duty to properly maintain and keep common property in a state of good and serviceable repair. Disputes commonly arise when lot owners believe this obligation has not been met.

Can NCAT help with building defect disputes in strata schemes?

Yes, NCAT has jurisdiction over certain building defect disputes in strata schemes, particularly those involving residential building work under the Home Building Act 1989. Owners corporations and, in some cases, individual lot owners can seek orders for rectification of defects or compensation through the Tribunal.