NCAT Practice and Procedure
213N29: What better way to master your NCAT practice and procedure than to hear firsthand from the experts themselves? Pick up essential tips and tricks as leading barristers share their experience and provide practical guidance on the key issues faced when litigating in NCAT. Focus on tips and traps in practice and procedure, examine the appeal mechanisms, and analyse the use of expert evidence and the supervision of NCAT in respect of the higher courts.
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Chair: David Fairlie, Senior Member, NCAT
2.00pm to 2.15pm Keynote Address
Presented by Theresa Simon, Principal Member, NCAT
2.15pm to 2.55pm NCAT: The Lernaean Hydra, or Super Tribunal
- A discussion on the formation of, and practice and procedure in, NCAT
- Understanding the structure and divisions of NCAT
- How to commence and conduct proceedings in NCAT
- Tips and traps
Presented by Andy Munro, Barrister, Wardell Chambers
2.55pm to 3.35pm Specific Appeal Mechanisms & Conducting Appeals in NCAT
- What decisions are appealable
- Lodging an appeal (Notice of Appeal)
- Applications for a Stay
- Preparation for hearing before the Appeal Panel
- Conduct of the appeal hearing
- Costs
Presented by Tim Flaherty, Barrister, Seven Windeyer Chambers
3.35pm to 3.50pm Afternoon Tea
3.50pm to 4.30pm The Use of Expert Evidence in NCAT
- S 79 Evidence Act and the uncomfortable fit in NCAT.
- Admissibility of your expert
- The rule from Dasreef
- How far does the hearsay exception extend
- Cross examining experts in “hot tub”
Presented by Timothy Bland, Barrister, Hunter Street Chambers
4.30pm to 5.10pm Supervision of the Tribunal in Respect of the Court of Appeal and the Supreme Court
- When and how can you approach the Supreme Court?
- Just how limited are the Tribunal’s remedial powers?
Presented by David D Knoll AM, Barrister, Ninth Floor Selborne Chambers
5.10pm to 5.15pm Closing Comments from the Chair
Presenters
David Fairlie
David was until 2020 General Counsel for Competitive Foods Australia. Prior to that he was a senior partner with Mallesons Stephen Jaques practising in the area of dispute resolution. He has extensive experience in arbitration, mediation and litigation. David is a nationally accredited mediator and also practises as an independent mediator and arbitrator. David has been President of the Law Society of NSW and remains active in issues concerning the legal profession. In 1987 he established the Law Society's Dispute Resolution Committee, the first of its kind in Australia.
Andy Munro
With a broad range of experience in civil, commercial and consumer litigation, Andrew was called to the Bar following many years of practising as a solicitor in Sydney and Coffs Harbour. Possessing extensive experience in superior and inferior Courts, including appellate Courts, as well as all levels of Tribunals, Andrew accepts briefs to appear in all Australian Courts and Tribunals, including regional and remote locations across New South Wales and interstate. His client base typically consists of both individuals and corporations. The broad suite of matters in which he is briefed includes commercial and general litigation, corporations, trade practices and consumer law, trusts, estate litigation, probate and wills disputes, franchising,
Harry Woods
Harry maintains a diverse practice, regularly representing clients across a broad spectrum of commercial law matters. His extensive practice extends to acting in general commercial disputes, building and construction, administrative law, employment and industrial law, consumer law and trade practices disputes, as well insolvency and bankruptcy matters. He has also developed expertise in judicial and merits reviews of decisions involving applications pursuant to the National Health Act for approvals to supply pharmaceutical benefits.
David D Knoll AM
David Knoll AM is a barrister at 9 Selborne Chambers in Sydney. He was admitted to the Bar in 1998, having been admitted to practice as a solicitor in 1984. He has substantial experience over a broad spectrum of legal areas, including banking and insolvency, commercial transactions, property disputes, professional negligence, and partnerships and corporations law. Regularly briefed to appear and to advise in a wide range of strata title and community association disputes, David’s expertise in these areas has been widely recognised. He is a Fellow of the Australian College of Strata Lawyers, and Editor of Strata Laws NSW.
Timothy Bland
Tim Bland came to the Bar from a background in human services and the building industry for the first 20 years of his working life. Educated at Melbourne's Wesley College he has from there achieved a BA in 1991 and LLB in 2000. Tim was admitted to practice in 2000 and called to the Bar in 2002. He worked in a boutique construction law firm from 1999 to 2001. Since admission he has focused on building & construction disputes and has is an accredited Adjudicator under both the Queensland and NSW security for payment acts. He has also obtained a post-graduate qualification in mediation and arbitration.
Theresa Simon
Theresa Simon was admitted as a Solicitor in 2002. She is currently a Principal Member of NCAT and is primarily appointed to the Consumer and Commercial Division and cross appointed to the Appeals, Guardianship and Administrative and Equal Opportunity Divisions. Theresa has practised as a solicitor in private practice in Western Sydney and established the Home Building Advocacy service at Macquarie Legal Centre. From 2008-2011, Theresa lectured in Law at Western Sydney University; 2011-2013, appointed as a Family Dispute Resolution Practitioner with Legal Aid and was previously a secondary school teacher in Western Sydney.
Tim Flaherty
Tim was called to the Bar in 2011, after completing his legal studies later in life. Prior to this, Tim was a registered pharmacist for 20 years who owned and operated pharmacies throughout New South Wales and Queensland. Tim’s past experiences have provided him with a deep understanding of the practical considerations in commercial transactions and any disputes. Tim has a wide and varied practice with a particular focus in Health Law and has been previously appointed as a professional member of the New South Wales Civil and Administrative Tribunal. As a barrister, Tim has appeared regularly before NCAT, in a number of different divisions and also before the Appeal Panel.
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
- Train Stations - Wynyard 400m OR Martin Place 500m
- Bus Interchange - Clarence Street 450m
- Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates