pielover – An application to resolve matters through both NSW Fair Trading and NCAT requires a basis from within the SSMA 2015. In other words, there must be jurisdiction under the SSMA 2015.
You may be able to raise your concerns about abusive behaviours, lack of transparency etc both through Mediation and NCAT Conciliation.
If you are having difficulty trying to work out which section of the Act is relevant when submitting a NSW Fair Trading application or an NCAT application and/or which Order to select then you are advised to contact NSW Fair Trading for assistance on 133220. NB: Your issue may not need to be Mediated first.
Mediation:
For a list of what is required before applying for Mediation from NSW Fair Trading see page 1 of the following Mediation application document:
https://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/About_us/Forms/medform.pdf
The form for applying for Mediation asks ‘what issues do you want to bring to mediation’ and ‘what are you hoping to achieve from mediation’? These are less ‘formal’ question than are asked on the NCAT application form.
NCAT:
Most strata applications make it compulsory for Mediation to be carried out through the NSW Fair Trading before applying to NCAT. However, some strata applications do not require Mediation. It depends very much upon what sections of the SSMA 2015 are the subject of the Order, and what Orders you are seeking from the Tribunal. More than one Order can be requested.
A list of Sections of the Act that can form the basis of an Order, and a list of Orders that require Mediation prior to applying to NCAT (and those those that do not require Mediation) can be found at pages 5 to 14 in the following document.
https://www.ncat.nsw.gov.au/Documents/ccd_form_strata_application.pdf
Strata applications are listed for either (1) conciliation and hearing or (2) a directions hearing. The type of hearing will depend on the orders you are seeking.
Conciliation creates an opportunity for you to:
- tell your side of the story in a free and open discussion
- listen and get a better understanding of the other party’s issues
- resolve the dispute mutually and quickly on the day
- find a solution that makes sense to both of you.
Directions hearings are used for more complex strata matters.