Hi Guys
Just wondering if anyone here has proceeded with a claim through NCAT? If yes how did it go?
Are you able to represent yourself or do you need legal representation?
Cheers
Aneil
Browse Forums General Discussion Re: NCAT... 2Apr 08, 2015 1:43 pm You are always entitled to represent yourself in a civil court in Australia, or any court in fact. How it goes depends on how well you present your case, and how well you understand law. An example of a common case is fences...this is an easy law to learn yourself, and thus appear yourself. Other matters can be much more complex, and beyond your scope. Re: NCAT... 3Apr 10, 2015 8:28 am Hello we lodged a complaint/case in Feb 2014 with NCAT. 2 directions hearings and a formal hearing later we were dismissed. We appealed with a lawyer with direction hearing in Nov 14 and we are STILL waiting for the decision. The amount of errors made by NCAT both legislative, in procedure and administrative are astounding - especially when there is so much money involved! It is a joke of a system and even if 10 lawyers tell you you will will it doesn't mean NCAT won't do as they please as 'it's not a real court' (their words). It may have made a difference at our formal hearing to have a lawyer but as it was apparently 'a straight forward case' we were advised that it was not necessary so we didn't. The member entertained crap that she shouldn't and this is where a lawyer would have questioned the direction her ridiculous assumptions (assumptions as no evidence in writing) were heading. We now know we should have said more. We did not as we felt bad to do that and wrongly assumed when the member asked would you like to draw my attention to anything in particular' ' we said the whole submission' we should have itemized specific things all the errors/breaches under HB Act, EPA Law and Contract laws/conditions had to be followed...full stop! So while we presented our case well, assuming you will win as the law and 4 lawyers and 2 tribunal members say you should means nothing if the member at the formal is off with the pixies. We were simply not experienced with an NCAT member that relied on her own opinion ratehr than the laws. This is where a lawyer would have argued the procedures and laws that we had no idea that they could not or would not be considered. I just wish we had have gone straight to a real court where when there is no evidence at all he would have been out on his backside and we would not be stuck with this pointless mess. If you do go to NCAT get a building inspector like Building expert that is experience with the NCAT circus and if any orders are not followed by the other side ( ie ours was ordered to get an expert witness report and did not - no penalty ) jump on them and bring it up. Re: NCAT... 4Apr 10, 2015 9:35 am Jason007 Hi Guys Just wondering if anyone here has proceeded with a claim through NCAT? If yes how did it go? Are you able to represent yourself or do you need legal representation? Cheers Aneil Hi Aneil There is a lot of background work you can do yourself eg collecting evidence, photos, documents,and if its a structural matter talk to an engineer first and ask him to check the codes an do an independant assessment calc/sims etc. Then decide which way to procede.... professional advice & evidence is what stands up in courts....others get ignored or thrown out, so opinions without supporting data/evidence are worthless IMO as an engineer. As a contractor who also repairs structural defects you might also ask the engineer to offer solutions/remedies for solving the problem...that also stands/holds up in court Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: NCAT... 6Apr 15, 2015 5:11 pm Additionally, Civil court judges will try to railroad you, if you represent yourself, as most people dont have the confidence to stand up to a judge. In my experience, some of them have already decided in their head before they hear anything how the case is going to unfold, and make some appalling presumptions about what you are going to present. So if yo dont plead your case thoroughly and make sure all the evidence you want heard, is heard, your case could be nipped in the bud. In Qld its seems to me the whole civil court schedule runs around "there are lots of cases to hear and we dont want to waste a lot of time on your piddly case". That a level of arrogance you have to fight. You pay your fees, you are entitled to a hearing. Re: NCAT... 7Apr 15, 2015 6:24 pm The whole point of civil tribunals is low cost efficient justice which it is in many cases not. The facts about disputes is that by the time you have one you already are a loser, this is why it is better to avoid one, get expert too look after you I have appeared many times to give expert evidence and written many expert reports and my experience with VCAT is mostly favourable. If you have the time and are articulate enough you can win with the right expert evidence. If the matter becomes complex VCAT will advise you to get legal help. A lawyer is a good bet if you can afford the fees And never go to a mediation without your expert if you don't want the risk of being outgunned by your opponents experts. I have heard of my clients go in without me and be bullied into signing away tens of thousands for nothing. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: NCAT... 9Apr 15, 2015 9:45 pm All your basics are right, good luck! Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: NCAT... 11Apr 26, 2015 12:35 am We put an application into NCAT for a home building dispute in May 2014 and finally got to a hearing in February 2015. We were forced to get legal representation because the builder was granted leave to get rep, as the amount we were claiming was very high. We spent hours putting together 3 identical folders , photos, reports etc, don't think the Member even read it! We waited 2 months for a decision and were awarded a pittance. The builder stuffed up our home and it has so many defects it's ridiculous but the Senior Member decided to believe the builders evidence basically because he had a better barrister than us. We wasted $30,000 in costs and were awarded less than half of that, even though technically we won the case. We can't even get our house repaired to a reasonable condition with that money. We should've gone straight to court and spent the money there. NCAT does not award costs or care that your house is 'crooked' or that the pitch of the new upstairs roof is completely different to the existing downstairs roof. Our house looks like crap with rendering cracked and falling off, driveway has been ruined, internal staircase 1 metre on the inside of our lounge instead of the other side of the wall etc etc etc. just because it's not falling down and its structurally sound, the Member has not awarded anything to rectify it. Waste of time! Go to a court if you have a good case. We were told we had an excellent case, our building expert said he'd not seen shoddier work, however he also let us down with his incompetence. We don't know what to do now. The only winner is the builder and the solicitors. We went through hell - NCAT are useless! I wish there was a website to name and shame this incompetent builder so no one else has to go through the stress and anxiety and heartache of having their pride and joy ruined by this guy. Dept of Fair Trading and NCAT - waste of time!! Anyway sorry for the rant, hope you get a better result. Re: NCAT...tribunal results can be entirely unpredictable 12Apr 27, 2015 8:15 am Hi Buddy5 Your experience underlines how unpredictable outcomes can be even if you are well prepared and have good evidence. The fact is no one cares and your fate is in the hands of someone who is a complete stranger. As I said before, by the time you have a dispute you have already lost, it then just becomes a matter of containing or minimising the amount of the loss. This is why on this forum I advocate use of building stage inspections to at least have some control over your build and try to deal with problems/disputes before they escalate. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: NCAT... 13Apr 27, 2015 9:42 am Buddy5 .... We should've gone straight to court and spent the money there. NCAT does not award costs or care that your house is 'crooked' or that the pitch of the new upstairs roof is completely different to the existing downstairs roof...... Waste of time! Go to a court if you have a good case. We were told we had an excellent case, our building expert said he'd not seen shoddier work, however he also let us down with his incompetence. Sorry to hear about your loss, but its all too common. As BE said, once you are in a dispute seeking redress you have already lost. What court do you think you could have taken this to though? There is only one jurisdiction to hear this case, and you were there. Yours was a civil matter, and you were in civil court. That's the system. Re: NCAT... 14Apr 27, 2015 10:20 am qebtel is right. Court would not hear it they would simply redirect you to the tribunal. You can go to court on appeal if you have deep pockets Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog I am new to this forum so please bear with me. An NCAT order was breach by our neighbour regarding a retaining wall dispute. He is the owner of a building company and he… 0 2208 |