An Adjudicator can make decisions on community schemes disputes that not been resolved by mediation.
The following information also applies to all Strata Schemes Applications for Adjudicator's orders under the Strata Schemes Management Act 1996 that were lodged with NCAT before 30 November 2016.
Mediation is compulsory for certain community schemes disputes before lodging an application to NCAT.
An application is lodged with NCAT after mediation is attempted. The applicant does not need to be the same person who applied for mediation.
All interested parties are invited to lodge a written submission to NCAT. The submissions period timeframe is generally 28 days.
Adjudication decisions are made ‘on the papers’. This means the application is decided only on the application documents and submissions. There is no hearing.
The Adjudicator's orders and the reasons for the decision are made in writing and sent to all people involved in the dispute, the owners corporation or community association and those who sent a submission.
As part of the adjudication process, NCAT will send a letter with a copy of the application to all interested parties inviting them to lodge a written submission stating whether they agree or disagree with the application.
At the end of the submissions period, the application and all the submissions are forwarded to an Adjudicator who determines the application on the written material provided. The timeframe for lodging a written submission is generally 28 days.
There is no specific format required for written submissions. They may be typed or hand written and may include attachments. A written submission can be a short letter or several pages including reports and photos.
Any party may lodge a request for an extension of time for the submission period. When considering a request for an extension of time, NCAT will consider the history of the matter between the parties, the length of time sought, the urgency of the matter and any prejudice that may be caused if the extension is granted or not granted.
Submissions received are made available for the parties to view during the submission period and up to 3 days before the application and submissions are referred to the Adjudicator for determination.
Any party may ask if submissions have been received. NCAT Registry staff can tell you who has lodged a submission. Parties may make an appointment to view the submissions or request a copy of a submission.
An appointment must be made to view submissions. Copies of submissions are provided at cost. View the current fees and charges.
Any written submission received after the closing date may or may not be accepted. NCAT will notify the Adjudicator of the late submission, however the Adjudicator will determine whether to accept the submission or not.
Adjudicators make orders on a wide range of community schemes matters:
An Adjudicator is a person appointed under the
Strata Schemes Management Act 1996 or
Community Land Management Act 1989. Most Adjudicators are also appointed as Tribunal Members.
Yes. Adjudicator decisions can be appealed to NCAT, however there are time limits.
An appeal against an order dismissing an application must be lodged within 21 days after the order takes effect. The time limit may only be extended in limited circumstances.
An appeal against any other order must be lodged within 21 days after the order takes effect. The time limit may be extended up to 90 days.
Fees and charges
Strata Schemes Management Act 1996
Community Land Management Act 1989