Community schemes hearings and appeals

Strata Applications before 30 November 2016

The following ​​​information also applies to all Strata Schemes Applications for Tribunal orders under the ​Strata Schemes Management Act 1996 that were lodged with NCAT before 30 November 2016.

NCAT conducts hearings about appeals against a decision of an Adjudicator, and other types of community schemes disputes such as penalty orders, amending or revoking orders and unit entitlements.

How to apply

Appealing an Adjudicator's orders

Adjudicator's decisions are appealed to NCAT by applying for Tribunal orders.  You will need to provide details of the order being appealed against and explain why you believe the Adjudicator was wrong at law or on the facts. 

Fees

Fees are payable for community schemes hearings and appeals applications. View our fees and charges schedule.

Time limits

The following time frames apply when appealing an Adjudicator's decision:

  • An appeal against an order dismissing an application must be lodged within 21 days after the order takes effect.  That 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.  That time limit can be extended but only up to 90 days after the order takes effect.

Other community schemes disputes

Some community schemes dispute types that are resolved at hearing before a Tribunal Member include:

  • Amending or revoking an order
  • Changes to unit entitlements
  • Changes to management statement
  • Penalty applications
  • Appointment of a managing agent
  • Contributions and levies.

When will the decision be made?

After all parties have given their evidence, the Tribunal Member will make orders and explain why those orders were made.  Sometimes the Tribunal Member may want more time to think about the evidence presented and will not make a decision on the day.  The orders and written reasons for the decision will be sent to the parties at a later date.

Learn more about the hearing process.

Organisations that can help

NCAT cannot provide legal advice. Find out how we can and cannot assist. Below are some organisations that can provide help or advice about your case.

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