NCAT Consumer and Commercial Division

I have formed the opinion, based on a couple of appearances, that NCAT is unprofessional generally, likely because it does not exercise legal practice and procedure with any accuracy, let alone apply or cite the law correctly. I suppose that is to be expected since most of the Tribunal Members are not lawyers. NCAT is not a court. This is a disadvantage because only lawyers know how to apply the law and weigh evidence properly. Please don't think that NCAT is the panacea for tenants to make bad landlords accountable. That is not and will not be the case. I always get the impression that money talks at NCAT, in Sydney, anyway, and landlords get the benefit of the doubt most of the time. I sense slight bias towards landlords over tenants. A landlord would have to commit almost a criminal act before it would be worthwhile to file an application. On the other hand, I think NCAT likes to dismiss genuine tenant grievances quite freely. You are not allowed to represent anyone when a practising lawyer, unless, surprise, surprise, a party is a government department. They are still operating in the 20th century, getting parties to file paper documents. Even the High Court has e-filing! Also, now they have truncated the process, applying duress to get parties to settle. I'd give it zero stars if I could. To be honest, a colossal waste of time and money.

I can really see where all the people writing bad reviews are coming from. Probably poor plaintiffs that fell victim to the lame bureaucracy this place runs on. I had a bad experience today, and it appears that defendants can easily get away with what they have done with the help of NCAT's complacent decisions. Civil cases can drag on for months on end, which means they take much more time than they need to. After all, these are civil dispute cases, not homicide, and do not need to drag on for this long....

Would be interested to see how many cases ncat rules in favour of the applicant, seems like the outcome is already decided pre hearing and from the comments below its generally in favour of the defendant or the businesses, even before any evidence is reviewed. NCAT members are incentivised to discourage consumers from submitting a hearing because this increases their work load

A system by nature that doesn't allow legal representation without special permission. Fails to explain the fundamental process of the tribunal. However then treating the process as though the individual (who is self representing) as a legal profession. Who only upon final determination is told they were expected to understand legal process, presentation and legal jargon. Is a dysfunctional system.

Horrendous consumer authority, full of jargon and complexities that make it a hostile ground for anyone who isn't a legal professional. Good luck trying to prove your case when the bar is incredibly high. I was told by the member that my evidence wasn't adequate because I didn't pay $2000 for a specific report that no one had said I needed prior. If you want to lose complete and utter faith in Australian regulation, visit this place some time.

You will win if you are in the right and prepared with the necessary documents to prove your case. NCAT mediators see through dishonest real estate agents and hold them to account.

My strata scheme is dysfunctional. Our owners corporation does not make builders liable for defective and incomplete work during the warranty period and neglects the works. I took legal proceedings against our owners corporation for persistently failing to repair and maintain common property affecting lot property. The tribunal member asks our owners corporation what they are willing to repair to settle the dispute. The tribunal member put me under pressure to settle with the owners corporation. She did not care if the work was due to poor workmanship. If I had a formal hearing I would not even have a fair hearing. What the owners corporation refused to repair I have to live with the defects. There are so many building defects in Australia and the tribunal is allowing building defects by not making builders and owners corporation liable for defective and incomplete work. NCAT and Fair Trading need an overhaul. Fair Trading says they do not have the power to make orders but NCAT has the power to make orders but they fail to acknowledge building defects. NCAT should not even exist if they are not relying on supporting evidence and making proper decisions. The tribunal member relies on what the owners corporation says. I don't see how strict the Strata Scheme Management Act is when it comes to the owners corporation duties to repair and maintain common property and they are not held liable.

The NCAT process has many failings. NCAT do not explain the processes and it’s all based off legal procedures. You must have a lawyer. They will not tell you that. Just remember their decisions are not based of what happened or what was said. Or whatever you have in writing. It’s based off hidden background laws which override construction contracts wording. As several lawyers put it the legislation gives the builder many legal paths to wiggle out of anything which only a lawyer can identify and stop.Further NCAT is mistaken as a government run facility. It is not it is run by the master builders association. Who are funded by builders.

I was heard today. I spoke my truth and it felt like a weight lifted off my shoulders. I didn't care if the presiding member was stern and focused on legal and procedural matters, I wanted to be heard and was heard. I received the written judgement within 20 minutes after the hearing and I thank the tribunal for providing me the time of day to hear my truth and issue a fair and impartial judgement. Anyone who's been mistreated as a consumer kudos for speaking up and please do keep speaking up.

Called up NCAT for assistance with documentation that I needed to provide for my rent reduction hearing and the operator I was transferred to, a lady named Jenny, was extremely dismissive and rude with my questions and feedback.