Hi
Please advise if the following is the correct process where I am the defendant for the case filed at local court under General Division.
1. During callover hearing, the decision was made for local Court-Annexed Arbitration.
2. There was no email or letter for assignment of arbitrator by the local court.
3. Arbitrator informed both parties by an email to submit the document by the same deadline date. The plaintiff was not requested to provide the document first as the case was filed by the plaintiff.
4. There were no specific directions from the arbitrator other than the deadline and hearing date after 11 days from the document submission deadline.
5. I asked questions to the Arbitrator, particularly if the arbitrator is familiar with Home Building Dispute as the dispute is related to the report for which the report is not fit for purpose to serve to NCAT from my point of view. But the arbitrator instructed me to request my solicitor to contact him.
6. I had not been given any contractual document about the arbitration. I had not signed the contract with the arbitrator, and I am not aware of the fee.
7. After I received the plaintiff's evidence document, I had prepared the second document as a defence document on the basis of the document submitted by the Plaintiff. I was not allowed to use the second document as that document was not submitted before the deadline date.
8. The plaintiff first put the evidence. Then I was told to defend the statement of the plaintiff. As my evidence is not in accordance with the plaintiff document, it was a great disadvantage for me.
I highly appreciate for your suggestion and opinion.
Thank you.
Please advise if the following is the correct process where I am the defendant for the case filed at local court under General Division.
1. During callover hearing, the decision was made for local Court-Annexed Arbitration.
2. There was no email or letter for assignment of arbitrator by the local court.
3. Arbitrator informed both parties by an email to submit the document by the same deadline date. The plaintiff was not requested to provide the document first as the case was filed by the plaintiff.
4. There were no specific directions from the arbitrator other than the deadline and hearing date after 11 days from the document submission deadline.
5. I asked questions to the Arbitrator, particularly if the arbitrator is familiar with Home Building Dispute as the dispute is related to the report for which the report is not fit for purpose to serve to NCAT from my point of view. But the arbitrator instructed me to request my solicitor to contact him.
6. I had not been given any contractual document about the arbitration. I had not signed the contract with the arbitrator, and I am not aware of the fee.
7. After I received the plaintiff's evidence document, I had prepared the second document as a defence document on the basis of the document submitted by the Plaintiff. I was not allowed to use the second document as that document was not submitted before the deadline date.
8. The plaintiff first put the evidence. Then I was told to defend the statement of the plaintiff. As my evidence is not in accordance with the plaintiff document, it was a great disadvantage for me.
I highly appreciate for your suggestion and opinion.
Thank you.
