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Lodging an NCAT Appeal

If you and your construction lawyer found out that there has been an error for law on NCAT’s original decision, you can lodge an appeal to Internal Appeal Panel and get to enforce your rights correctly.

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NCAT Building Disputes

The New South Wales Civil and Administrative Tribunal or NCAT decides on various specialist matters, including construction. They decide on these problems through the Consumer and Commercial Division such as unpaid claims and home building disputes.

You would have to apply for NCAT proceedings to lodge a dispute with this tribunal either by post or online. Remember that you would have to pay the respective fees appropriate in your dispute. 

NCAT Hearings and Decision

NCAT hearings are done if even alternative dispute resolution techniques are not enough to resolve the dispute, such as conciliation. In the hearing, a member of the tribunal will hear both parties’ sides on the situation. 

Each party would have to present their point of view of the situation and raise any issues that led to the dispute. They should have the corresponding evidence supporting their claim as well. Note that NCAT members standing before the parties involved are usually addressed by their surname, with either “Mr.” or “Ms.” as a prefix.

After hearing both sides, the Tribunal Member should make a decision and enforce a legally binding order. These NCAT appeals and other decisions are published on the Caselaw website. The parties could either comply with the decision, apply set aside this decision, or appeal an order to the Internal Appeals Board.

Appealing an NCAT Decision

Even if an NCAT decision is binding, there are certain cases where you can question the law. For the Consumer and Commercial Division, you can file for an appeal for the following reasons:

  • NCAT’s decision was found to be unfair and not equitable;
  • NCAT’s decision didn’t correspond with the weight of the evidence presented and;
  • There was significant evidence that arose that were only available after the original hearing. 

If the decision falls under these categories, you could fill out a Notice of Appeal and lodge a complaint to the Internal Appeals Panel within 28 days after the NCAT decision or the reasons for the decision has been given. You may also lodge for an extension of time in this notice if the appeal has been made outside this time period. 

If you also want NCAT to stop the enforcement of the original decision since it would cause other problems, you would also need to accomplish a stay order. This usually happens for debt recovery matters and if a notice of appeal is not enough.

Is it worth it to lodge an NCAT appeal?

Appealing an NCAT decision could be another cost to you in addition to any fees that you would need in your initial application to the NCAT. So it is important to consider alternative actions to enforce your rights where you could ask NCAT to:

  • set aside the decision made if both parties agree to it;
  • set aside proceedings if there is a failure to comply with the Civil and Administrative Tribunal Regulation 2013 and ;
  • Correct any form of errors, omissions and inconsistencies in the decision made.

How can Contracts Specialist help with NCAT Appeals

Our building dispute lawyer could help you get through your NCAT application and could help you make an NCAT appeal if the situation is still not in your favour. 

He would help you look through your documents and other evidence and will resolve your problem in the most cost-effective way possible. And if your problem can’t be resolved by an appeal, he can also help you with any alternative legal action that you can take to enforce your rights.

You are sure to get specialist legal advice on construction law from Contracts Specialist. Call now for your free first consultation.

Related Links: Building Dispute | Fair Trading and NCAT | Notice of Dispute | Letter of Demand | Conciliation | Litigation

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You can be confident that you are getting the right legal advice.

Contracts Specialist is a Sydney-based construction law firm that deals with Building Disputes, Construction Contracts, Debt Recovery, and Security of Payment. With Contracts Specialist, you are ensured that you are in good hands.

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