Am in an NCAT Tribunal self represented. Was directed at initial hearing to 2 weeks to submit evidence. I asked for 2 week extension in writing before due date due to unavailability for witnesses for statements and slow postal service ( given it takes from 5 to 10 days now for post in rural areas). was told Tribunal would decide by 30 Oct on it, ( go figure when due date was 27 Oct), and to proceed as if I had it and submit asap. Did that , evidence got to them in hand by 9 Nov. on 17 Nov received Tribunal decision extension denied due vagueness, unsubstantiated, and respondent opposes. ( No evidence of how respondent opposed). Last line says that applicant should comply with procedural directions as soon as possible. Issues of non compliance with directions may be raised with Tribunal at next hearing. My evidence is in now anyway. Respondent hasn't submitted anything claiming that because I was late she didnt have time submit hers , to which Tribinal wrote back saying irrespective of what other parties do parties should comply with directions. A 2 hour hearing is set for next Fri 1 Dec. Can someone with some legal expertise tell me how to address my evidence being late and extension not approved so that my evidence is indeed accepted. It is 150 pages long. Also how do I deal with respondent not submitting if she asks for an extension at hearing?
NSW procedural fairness in NCAT Tribunal
- Thread starter nose
- Start date
Generally, tell it like it is. You can't change the circumstances now. You can't very well object to the respondent being late, however, if you are allowed to be. If you're both late and the respondent isn't unfairly disadvantaged by that (and especially if they get an extension) then you may find that your evidence is accepted.
Nothing is for certain, however. It depends on who you get and what sort of mood they're in when they get to the issue. Make sure you're squeaky clean everywhere else, use your best manners, and don't make a nuisance of yourself. It sounds trite, but every lawyer who has ever appeared before a court or a tribunal will tell you - it makes a difference.
Nothing is for certain, however. It depends on who you get and what sort of mood they're in when they get to the issue. Make sure you're squeaky clean everywhere else, use your best manners, and don't make a nuisance of yourself. It sounds trite, but every lawyer who has ever appeared before a court or a tribunal will tell you - it makes a difference.
Thanks for the advice Rob. Do I raise it when the hearing starts or do I wait for the member to raise the issue of accepting my evidence? If they don't accept my evidence, what happens because there is nothing else in but my original 1/2 page application where I explain what my claim is about. Will they just dismiss it? if so what other avenues other than NCAT TRibunal are available to me to seek a refund under consumer Law?
Let the tribunal raise it. It's a procedural matter, and you're better off letting them handle it. If you were a lawyer, it would be a different matter.
Your rights to recommence action will depend on the way the tribunal disposes of it, and the rights under which you commenced action in the first place. You'll need to seek legal advice on that, if it happens.
Your rights to recommence action will depend on the way the tribunal disposes of it, and the rights under which you commenced action in the first place. You'll need to seek legal advice on that, if it happens.
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