#57761
TrulEConcerned
Flatchatter

    Hi Divanhey,

    I empathise with your situation.

    In the past I too (for other matters) have been directed to the (NCAT) Tribunal. A process that is long winded, bothersome, requires an effort to prepare for and is not cheap. And even if you have all your ducks lined up, the result at NCAT is often a lucky dip.

    May I suggest instead you approach NSW Fair Trading (telephone 13 32 20) and ask for a Mediation session. Fair Trading will explain this in detail, You can also go to their website, https://www.fairtrading.nsw.gov.au/, but I suggest you call them first.

    The process requires you to fill in an online form containing your position.  You email the form to Fair Trading and a few days later they will email or call you with a Fair  a time they selected for the Mediation between you and the other party, with Fair Trading staff hovering around to help reach an agreement. Your complaint will be sent by Fair Trading to the other party.

    This process:

    1. Is free, whereas NCAT costs $27 (if you’re an eligible pensioner) or $108 if you’re not.

    2. Your neighbour getting an email, letter or phone call from Fair Trading will show him or her you’re serious

    3. While your neighbour can legally ignore attending Mediation, your next step can be NCAT where you can mention you tried Mediation but he or she did not bother attending.

    One more thing: both Mediation sessions and NCAT hearings put you in a good position if you have been “REASONABLE” in your attempts to bring the matter to the other party’s attention and that you’re fair minded in reaching a solution. Before you apply for Mediation (ie fill in the form) I suggest you write (letter or email) to your loud neighbour complaining of the noise and making clear how it impacts you: eg given the state of your health, the aggravation and stress caused by the noise is a concern to my general practitioner (assuming the GP agrees with your view). Send a copy to the managing agent of your building, chairman of the strata committee and your GP.

    This way the neighbour cannot say he or she did not receive your email or letter.

    Good luck.