#62111
TrulEConcerned
Flatchatter

    1. I have been to NCAT a few times (not all strata matters) and often my application and the parties I was up against prepared “amateur” applications. Never was an application knocked back by NCAT. NCAT assumes the parties are often lay folk and not QCs, so don’t despair that your application will be tossed back at you;

    2. In my experience, some very recent, the menu of available orders that NCAT can hand down are those listed on the 11 page fact sheet.T here are no other possible orders that NCAT can hand down unilaterally or “by consent”.

    3. In your application, when outlining your case, list ALL the orders and the relevant sections of the SSM Act. Some orders you can see directly relate to your issue and some orders may only touch on your issue (and may even do so in a manner that is not your preferred option eg s. 147);

    4. You may at the hearing find that not all the orders you listed are relevant. If that’s the case, then as Americans say: “no biggie”. You will not be penalised by listing more orders you seek than you actually raise in a hearing;

    5. As to your point on s. 147 (monetary penalty), you write that you want the owner to fix the issue and not penalise him financially. Well, that’s what you want. Whether in time you get that is another matter. By adding this order to your claim, in the event that you are successful at NCAT but the owner either refuses to comply with the order or hints that he allows you to fix the problem at his cost, this order will formalise the OC’s righr  to do the works and make the owner pay the OC’s costs.