NCAT can hear and decide cases about strata schemes disputes.
Strata schemes cases are managed through NCAT's Consumer and Commercial Division.
Mediation is compulsory for most strata schemes disputes. If you apply to NCAT and do not attach evidence of attempted mediation, we may not accept your application.
Check the Strata schemes fact sheet (PDF , 531.7 KB) to find out if you need to mediate your strata schemes dispute before applying to NCAT.
NSW Fair Trading provides a free mediation service. For more information contact Fair Trading on 13 32 20 or visit www.fairtrading.nsw gov.au.
Download and complete the application form. Lodge your application at any NCAT Registry or Service NSW service centre.
Before applying, check you have the correct service address for the owners corporation. Read the Strata schemes fact sheet (PDF , 531.7 KB) for more information about applying to NCAT.
You can apply to NCAT for an interim order in addition to your strata schemes application:
Interim orders can stop the actions of a party or to preserve the current state until NCAT decides the strata schemes application. NCAT will only make an interim order if urgent considerations warrant the making of an order.
An interim application must be lodged with a related substantive application. The substantive application can be already lodged or lodged at the same time as the interim application.
Fees are payable for strata schemes applications and strata schemes interim applications. View our fees and charges.
NCAT sends a copy of the application to the parties and to the relevant owners corporation. The owners corporation is required to give a copy of the application to all lot owners. Learn more about what happens to information or evidence you give to NCAT.
After applying to NCAT the matter is listed for conciliation and hearing or a directions hearing.
You and the other parties will receive a notice of from NCAT with the day, time and venue of your hearing. Generally the first listing will be within 4-6 weeks. The application will be served by the owners corporation on all other lot owners. Do not include any confidential information you do not want disclosed.
Matters listed for conciliation and hearing are heard with other matters in a 'group list'. Parties will be asked to attempt conciliation to reach an agreement before the hearing takes place.
Directions hearings are used for more complex strata matters. They are used to identify the issues in dispute, set a timeframe for the final hearing, and to arrange for the exchange of evidence between parties.
If your matter is not resolved at the first listing it will be listed for a contested hearing. NCAT will make a timetable for the parties to provide their written evidence to each other and to the Tribunal. You do not need to lodge all evidence with the application.
NCAT Consumer and Commercial Division hearings are conducted as informally as possible. Parties are encouraged to present their own case.
If you want to be represented, send your written request to NCAT. Either at or before the first hearing a Tribunal Member will decide if you can be represented.
Visit Get legal help and advice for a list of services in NSW that provide free or low-cost legal information, advice and assistance.
Read the hearing preparation checklist to prepare for your hearing.
The following legislation applies to strata schemes disputes.
NCAT cannot provide legal advice. Find out how we can and cannot assist. Below are some organisations that can provide help or advice about strata schemes disputes.
08 Sep 2022
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.