#12922
T

    Here's the process:

    1. Mediation application & hearing (usually through Dept. of Fair Trading). Mediation fails.

    2. An application & reply is filed with the CTTT. Based only on the written application, a CTTT Adjudicator makes an Order.

    3. An appeal application is filed in the CTTT against the CTTT Adjudicator's Order.

    4. A brief directions hearing is held by a CTTT Member. The Member hears the matter briefly, but doesn't make a decision. This is your first opportunity to present your case orally in the Tribunal.

    5. A full hearing is heard by the CTTT Member. This is the most important stage, because a final Order is given with no more appeals (except in very limited cases). The hearing often goes for about an hour, and you both present your cases orally (either in person, or by teleconference). The Member makes an Order that same day. It's very important you attend this hearing, preferably in person or otherwise by teleconference.

    From what you wrote, I don't know which stage of the process you're in. Stage 5 is the only stage that matters, because appeals and delays are common in the CTTT process. Some people abuse the system by delaying it by seeking adjournment after adjournment. The CTTT don't like this, but if they refuse an adjournment request they risk opening a new can of worms for litigious people to lodge further appeals, so it's easier to acquiesce. 

    Anyway, don't be intimidated of your neighbours having legal & real estate industry training. Unlike the court system, the CTTT's designed for ordinary, unrepresented people, so the Member takes an active role in asking questions from both sides in an investigative fashion.

    If you hire a lawyer for a CTTT matter, bear in mind that you must pay your own legal fees even if you win. The only exception is if your opponent filed an appeal application that was frivolous, vexatious, misconceived, or not a CTTT matter.

    Finally, the CTTT don't have the resources to visit your building. They don't even have the resources to read an application more that are more than a few pages long. This is why oral evidence in a hearing is so useful. The onus is on you to provide as much relevant evidence as you can so that they don't have to visit your building, and lack of evidence may cause you to lose your case. Include photos, diagrams of the strata plan showing they've built on common property, written real estate valuations stating it's diminished in value, etc. As long as the evidence is relevant, the more evidence the better.