NSW Civil and Administrative Tribunal (NCAT)

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NCAT is getting ready for the new strata laws

Announcement - 22 November 2016

The Strata Schemes Management Act 2015 starts on 30 November 2016.  The new strata laws bring major changes to how NCAT deals with strata applications.

What has changed?

From 30 November 2016, all strata applications will be listed for hearing before a Tribunal Member. Applications under the previous Act were generally determined on the papers.

This major change to NCAT's dispute resolution processes will provide a faster, simpler and clearer process for dealing with strata disputes.

The new Act also gives the Tribunal a number of new powers. These include making orders to comply with by-laws and imposing higher financial penalties on those who do not abide by the by-laws.

Visit the NSW Fair Trading website for detailed information about the strata law changes.

New application forms

New application forms, including a full list of orders that can be made by NCAT under the Strata Schemes Management Act 2015, will be made available to the public on 30 November.

Which Act applies to my application?

Any applications received before 30 November 2016 will be dealt with under the old Strata Schemes Management Act 1996

Applications received on or after 30 November will be dealt with under the new Act.

Comparison table

The following table sets out the differences in how NCAT strata applications will be dealt with under the new strata laws.

Detail​s New strata laws Old strata laws
Name of ActStrata Schemes Management Act 2015Strata Schemes Management Act 1996
Applies to...Applications lodged on and after 30 November
Applications lodged before 30 November
Compulsory mediation requirementsYes
Check application form for details
Yes

Dispute resolution processAll applications listed for hearingMajority of strata applications determined by an Adjudicator on the papers
Time to finalise mattersParties can expect a first hearing within 4-6 weeks
Up to 3 months for Adjudicator's orders

First hearing for Tribunal orders within 8 weeks
Appeals All appeals made to NCAT's Internal Appeal PanelAppeals against Adjudicator's orders to NCAT's Consumer and Commercial Division

Appeals against Tribunal orders to NCAT's Internal Appeal Panel