Dear Ktluu
I empathise with you as we were in the same position – our EC did issue a NTC but our upstairs noise neighbours said that this was unreasonable (we think the noise was unreasonable) so we also personally went down the mediation, adjudication path as well. It just seems so hard to keep the EC on side – they don’t want to get involved, want to keep ‘happy families’ etc. Mediation was not successful so we put in a submission, included stat decs from visitors etc that they not only heard the noise but were ‘disturbed’ by the noise as that is the crucial factor. We had a lengthy noise log and we also made qualifying statements as to why there were gaps eg on holidays. Their submission which was prepared by a solicitor, was full of lies and more lies but we could do nothing about that. What I think is unfair in this process is that the CTTT/NCAT makes a requirement that all owners receive a copy of the applicant submission which means that the noisy neighbours (the respondents) can nitpick all your points in their submission. In our situation they said we complained all the time about noises (a lie), we were cranky bullies (a lie) we made personal attacks on them (more lies) and they even asked for an order for us to stop harassing them and an order that we put extra insulation in our ceiling (?to stop their noise).
The noise log should show the date, times, type of noise and how it disturbed you – eg woke you up, can’t work on computer or do craft etc. The main think is that you showed how you are ‘disturbed’ – just hearing the noise is not enough. Statement from visitors, neighbours etc has a big bearing as well.
Good luck.