How is NCAT hearing carried out?

Hi guys,

I previously thought Fair Trading mediation would have to be an in-person affair for a strata matter (a lot owner against the Owner’s Corp) but I was pleasantly surprised to find that it was via phone via a three-way conversation.

I am wanting to know whether NCAT hearing is carried out this way as well or will it we have to turn up in person at the court? Also, does this lot owner wanting to take Owners’ Corp to NCAT represent themself or enlist a lawyer at their own cost? What about the Owner’s Corp? Do they represent themselves?

Also, although the mediation was verbally agreed to by all parties, I later realised it wasn’t legally binding because no parties signed the document.

The person now threatening NCAT is saying that they did the first part of the mediation agreement which was water ingress testing, however not sure if this is true because there was no sign of this. No tradesperson getting up on a ladder on the exterior of the building to water the area down to emulate heavy rain fall getting into the interior of the lot owner’s apartment. No letter from strata, warning of clearing that area of the drive-way clear to make way for tradesperson’s ladder on particular day. No follow-up paperwork detailing what builder did and findings of water ingress.

The second part of mediation was asking for more than one quote which again, they agreed to but stipulated that they wanted a “remedial builder” which was fine. They said they couldn’t get a remedial builder to do this, so no second quote.

So it just seems like a case of taking their word on what they said they did and not following through with the second request for another quote.

Also, nine out of twelve lot owners either didn’t vote or declined to raise special levies for this lot owner’s repairs but only myself and one other owner turned up at mediation.

They repeatedly state that the mediation wasn’t binding in the first place and that they co-operated anyway and that Owner’s Corp are not living up to our legal obligations to agree to repairs and that this is being done out of “malice.” I’m not sure why the dramatic language all the time but i guess it’s deliberate to try and elicit them getting their way due their emotional “pleas” or something. They also keep repeating that they are not legally obligated to provide a second quote because repairs are under 30K, but as i mentioned at mediation, it’d be good to cross-reference pricing and diagnoses and if anything, a second quote supports their claims and convinces us owners more because we have another professional saying similar. The water comes in according to them at floor level through a crack, during heavy rainfall.