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NCAT Disputes:

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Effective 1 January 2014, the New South Wales Civil and Administrative Tribunal (which used to be called the Consumer Trader Tenancy Tribunal) has been set up to deal with specific cases relating to general commercial claims, consumer disputes, home building disputes, motor vehicle disputes, residential parks disputes, as well as disputes relating to housing, retirement villages and strata title.

The NCAT is intended to be a low cost forum to resolve disputes between parties. It employs alternative dispute resolution processes such as conciliation to seek a timely and efficient resolution to matters which would have otherwise gone through the process of litigation before the courts. The kind of matters that the Tribunal will entertain are described as follows:

  • Residential tenancies:  Disputes between tenants and landlords such as rental bond, repairs, rent arrears and termination of a tenancy.
  • Social housing:  Disputes between tenants and landlords relating to social housing tenancies.
  • Residential building work:  Disputes between home owners, tradespeople and insurers about residential building work.
  • Purchase and supply of goods and services:  Consumer claims about the supply of a wide variety of goods and services.
  • Motor vehicle repairs and sales:  Claims about motor vehicles purchased from a motor dealer or claims about repairs.
  • Residential parks:  Disputes between residential park residents and owners.
  • Retirement villages:  Disputes between retirement village residents and operators.
  • Strata and community schemes:  Disputes about strata scheme and community scheme living.
  • Commercial disputes:  Disputes about certain agent commissions and Travel Compensation Fund appeals. [1]

As can be seen from the mix of matter types that the Tribunal has jurisdiction over, the cases are wide and varied. Many of these cases have a commercial flavour and many are civil in nature. A commercial litigation solicitor with experience in civil litigation may have access to a broad knowledge and skills base to deal with matters before this forum. Likewise, a civil litigator who has dealt with disputes within the commercial litigation category will also be well placed to offer legal advice to a client who has a matter before the Tribunal.

Complicated matters may share aspects from both commercial and civil litigation. Simple cases may of course only fit into one practice area. However, a solicitor with diverse experience across these different types of litigation matters will be able to comprehensively provide legal advice to a potential litigant, where that advice can foresee matters, options and possibilities that may have otherwise been overlooked by a niche practitioner.

If you require assistance with a Civil and Administrative Tribunal dispute matter, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our civil and commercial litigation solicitors. 

[1] “About the CTTTT” Consumer Trader Tenancy Tribunal website (undated) <www.cttt.nsw.gov.au> (accessed 2 December 2013). Note that the CTTT will become the NCAT on 1 January 2014. It is likely that this online reference will be defunct by then. For more information about the Tribunal after its reconstitution, it is recommended that you inquire at the new website (if any).

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