My understanding is that, despite what the law says, NCAT members were growing so tired of having to explain the law to non-lawyers that legal representation has become the default rather than the exception.
If I were heading for the tribunal with a case against my strata committee, I would expect the other side to be represented (unless it was a case that insurance doesn’t cover).
So I would have to be 100 per cent sure of my case so that I could then claim costs on one of the very few grounds that they are awarded: probably that the other side must have known that they didn’t have a case.
To be 100 percent certain, I would probably need a lawyer’s advice anyway. So my advice would be:
- Get a lawyers’ advice
- Ask them if you have a decent chance of a) winning and b) having costs awarded.
- If either a) or b) are in significant doubt, back away.
If a) is likely but b) isn’t, at least you know that the OC can’t or shouldn’t slug you for a share of their legal expenses.