- This topic has 8 replies, 6 voices, and was last updated 8 years, 10 months ago by .
-
Topic
-
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
-
Replies
-
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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?
Hamish – This NCAT article supports your findings. The article also outlines what is required for NCAT submissions:
https://www.ncat.nsw.gov.au/Pages/going_to_the_tribunal/evidence_and_witnesses.aspx
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Having been to NCAT a number of times this year I found that it really is dependant on the member sitting on the day. Although in theory you are supposed to have handed in your evidence to the other party and NCAT beforehand you may still be allowed to enter new evidence on the day if the member allows it.
Further to this I saw an application with a number of outstanding invoices that were unpaid mostly thrown out because the member decided that each invoice needed its own application even though it was for the same job. The member only decided on one invoice and then asked for a new application for the remaining 2 invoices.
Based on my experience in the ACT tribunal, the Tribunal member may allow new evidence to be presented at the hearing but only with agreement of the other party. The general principle is that anything you wish to rely on should be fully disclosed to the other party and not sprung on them at the last minute. Demonstrating a clear intention to give scrupulous attention to such proper process is likely to win you a little latitude from the Tribunal member if you don’t get something quite right.