Good afternoon andyj,
I just came across this post and below are my views, having been in a similar situation some years ago. Lucky for me I did not have to go to NCAT to resolve it.
1. Take Jimmy’s advice regarding a log of noise and statutory declarations from others attesting to the noise;
2.Look at the by-laws. (a) Usually there is a By-Law on noise, such as “non wet areas are to be covered so that transmission to other lots is minimised”. Or similar wording. Jimmy was correct to point out that “carpeting” per se is not usually mentioned (as I wrote in error); and (b) There is a By-Law on lot owners or occupiers having the right to peaceful enjoyment (i.e. not be disturbed);
3. Given a NTC (with one By-Law) was issued, you should seek the strata manager issue a NTC on the other By-Law;
4. Echoing Jimmy, I recommend you seek mediation via NSW Fair Trading (apply online). I suggest you apply for mediation with the neighbour for the noise. Apply separately for mediation and with the OC for failing to enforce the By-Laws. When the NTC was ignored by the trouble maker, the OC via the strata manager should have taken him to NCAT to seek a penalty. The OC and strata manager it seems have not complied with their obligations. I draw your attention to the following parts of the SSM Act: s. 135; 146 & 147.
NSW FT may come back to you indicating they prefer both applications be rolled up into one. If they say that, then follow their advice. I suggested the two applications because you can always combine them without losing time or your place in the listing of cases awaiting mediation. I think it’s tougher for you to apply for one mediation and later add another (related) application expecting both to be heard on the same day or close together.
I would not use a lawyer at this time.
For mediation you’d be wasting your money as the lawyer will charge to prepare the case and who knows? The other side may not turn up. They don’t have to appear at mediation. Also, Fair Trading does not expect lawyers at mediation.
If the other side fails to turn up or they do turn up but there is no agreement, your next step is NCAT.
Possible problem: even if you win at NCAT it is rare that costs are awarded, so you’ll be out of pocket who knows how much. Also when considering lawyers, you should get someone who focuses on strata law.
Just my 2c.