NCAT Consumer and Commercial Division: Practice and Procedure
Issues covered include: jurisdiction, appeals, strata disputes, Home Building Act, costs
Description
If you want to master practice and procedure in the NCAT Consumer and Commercial Division and improve your chances for success, you’ve come to the right place. Hear directly from the Deputy President and Division Head Stuart Westgarth and other experts practicing in this division. Pick up the tips and advice you while gaining valuable guidance to ensure success in your tribunal practice.
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in NSW on 26 March 2019
Chair: Carol Webster SC, Tenth Floor St James Hall Chambers
9.00am to 10.00am: INSIGHTS FROM THE DEPUTY PRESIDENT AND DIVISION HEAD: Overview of NCAT’s Jurisdiction and Appeals to the Appeals Panel
- Overview of NCAT's jurisdiction and structure
- When NCAT is the most appropriate jurisdiction
- Legislative updates
- Appeals to the Appeals Panel
- Appropriate Appeal Court: Supreme Court, District Court or another court
- When is it a question of fact or law?
- What are appealable decisions
- Appeals on interlocutory decisions
Presented by Stuart Westgarth, Deputy President and Division Head of NCAT Consumer and Commercial Division
10.00am to 11.00am: Practical Tips for Strata and Community Association Disputes
- Limits on the powers of community associations and owners corporations
- Renovations: Unauthorised or unreasonable?
- Disputes about bylaws
- Baxter the dog
Presented by David D Knoll AM, Barrister, 9th Floor Selborne Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Home Building Act and Strata Building Disputes
- What is required in terms of evidence in relation to systemic defects?
- How can a strata committee preserve a claim for legal professional privilege when lots owners may also be the developer/builder who is being sued by the Owners Corporation?
- Tips for preparing lay and expert evidence for Home Building Act disputes
- Use of conclaves in home building disputes
- The use of work orders and or the resisting of work orders
Presented by Martin Walsh, Barrister, 8th Floor Garfield Barwick Chambers
12.15pm to 1.15pm: Can’t Get Costs in NCAT? Addressing the Misunderstanding
- Procedural costs rules in NCAT: When are costs available?
- Arguments that can be been raised
- Success stories
Presented by Timothy Bland, Barrister, Hunter Street Chambers and Trust Chambers