Hello guestguest
NCAT hearings are done in person. On the Fair Trading web site, they say that we are encouraged to represent ourselves. In practice, people bring lawyers.
Having said that, I have NEVER brought a lawyer. I had to respond to an owner, who did have a lawyer. Their case was dismissed.
You have completed mediation. The outcome is not satisfactory to you. You should advise the mediator that the other side has not complied with mediation agreement. The mediator should give you a letter to say it is OK to go ahead with an NCAT application.
The other side will continue to bluff you into submission. They will try to frighten you with legal costs. If you have done nothing wrong, and you win the case, they will have to pay for their own legal costs.
NCAT applications require an application fee of about $110.
It would not surprise me if the owners corp suddenly produce evidence of water ingress testing after they receive their ‘notice of directions hearing’ from NCAT.