NSW Submission of Evidence NSW Civil and Administrative Tribunal (NCAT) Case

Discussion in 'Australian Consumer Law Forum' started by EmmaG, 13 June 2018.

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  1. EmmaG

    EmmaG Active Member

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    We are the applicant in an upcoming Tribunal Hearing with NCAT. We're experiencing first hand what a farce this tribunal process is.

    We served a series of summons and some parties failed to deliver the requisite documents at Notice of Hearing. NCAT Tribunal Member advised that we the applicants should chase the parties we summonsed for the documents and remind them that it is an offence to fail to comply with the requirements of a summons without reasonable excuse.

    The Tribunal Member at the Notice of Hearing noted in response to our question on what do we do when a party does not deliver, replied "well, we aren't going to send the police around" and " you can write to the President of NCAT if you want to prosecute and it could take 12 months if you're lucky". The open ridicule of a supposed egal process in front of the very people colluding to avoid producing the evidence, was nothing short of saying that the summons process is pointless, flawed and won't be enforced.

    The respondent ( a high profile Real Estate Agency) then failed to deliver their response to our application by the due date set by the Tribunal Member on the Notice of Order. We (as applicant) chased them on the evening the response was due and did not get a response from the REA. They then delivered it to us the applicant 6 days late and did not present the response to us in person, leaving the "folder" on our neighbours building site. It would appear they are

    I wanted to know:

    1. if there are any Tribunal Directions or rules when a party fails to meet the directions of a Tribunal Member and respond to the orders?

    2. When the hearing takes place can I request that the evidence submitted be set aside and non admissible given they :

    a) failed to ask for an extension of time
    b) failed to deliver their response by the due date
    c) did not meet the obligations of the order

    3. What part of the Civil and Administrative Tribunal Rules legislation or procedural directions of NCAT can I use to request the submission is not valid?

    Any tips would be greatly appreciated.
     
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