What is the Directions hearing?
A directions hearing is an initial hearing before a tribunal member to work out what the dispute is, who’ll be appearing, how many witnesses and how long will it take. No decisions on the substance of the dispute will be made – it’s all procedural.
If a party doesn’t turn up at the directions hearing, they’re effectively handing their opponent a ‘win’.
As an owner, use the directions hearing to say you will be representing yourself and objecting strongly if the OC wants to be represented by a lawyer. NCAT defaults to self-representation and needs a reason for representation. If the OC persuades the member they can be represented, then say you would like that option but that you will then be seeking costs against the OC.
Go in there with a clear outline of your case, the evidence you will present, the witnesses you will call.
Don’t be hesitant about asking the member to assist you with the process.
At the end of the directions hearing, the member will issue ‘directions’ to the parties (hence the name!). These are legally binding orders: the applicant to submit their evidence by such-and-such a date; the respondent to submit theirs X days later; hearing to be held on this date etc. It might include orders to produce certain documents (e.g. if OC/SM has been withholding documents from you, you could ask the member to direct that they provide you with them).
Note that you can still get legal advice and assistance preparing your documents as a self-represented party. You just can’t have a lawyer speak on your behalf. I would encourage anyone going to NCAT to use a lawyer like this (I’m saying this as a successful litigant at NCAT – the 3-4 hours we paid our lawyer for were well worth it, and they were very happy to talk us through the process).
Hope this helps!