List of orders NCAT can make under the Community Land Management Act 2021 (NSW).
If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.
If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and learn the types of supporting documents you should gather.
For orders requiring mediation, you must attempt mediation with NSW Fair Trading before applying to NCAT.
Section | Orders | Information required | Mediation |
---|---|---|---|
15 | An order requiring an original owner to provide documents to an association Who can apply |
|
Yes |
18 | An order requiring a meeting to be held Who can apply? |
|
Yes |
22 | An order invalidating a resolution passed by, or election held by an association Who can apply? |
|
Yes |
23 | An order nullifying a resolution of an association on ground that a person was denied a vote or notice was not given Who can apply? |
|
Yes |
52 | An order appointing a person to convene a meeting if no committee after first AGM Who can apply? |
|
Yes |
Section |
Orders | Information required | Mediation |
---|---|---|---|
28 | An order waiving, varying or extinguishing restriction relating to the initial period of a scheme, and to authorise matters to be done in relation to the waiving, varying or extinguishing of that restriction Who can apply? |
Evidence includes:
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
64 | An order about the payment of commissions following non-disclosure Who can apply? |
|
Yes |
76 | An order terminating or varying a managing agent or building or facilities manager agreement Who can apply? |
|
Yes |
196 | An order for the appointment of a compulsory managing agent Who can apply? |
OR
OR
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
139 | An order to vary a management statement Who can apply? |
Evidence includes:
|
Yes |
140 | An order amending invalid part of management statement or revoking association by-law Who can apply? |
Attach evidence of attempted mediation Evidence includes:
|
Yes |
141 | An order affecting association property Who can apply? |
Evidence includes:
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
81 | An order allocating payment of surplus money Who can apply? |
|
Yes |
87 | An order for payment of individual contributions of a different amount if insurance costs greater because of use of lot Who can apply? |
|
Yes |
90(9) | An order that no interest is chargeable for late payment of contribution Who can apply? |
|
Yes |
91 | An order for the recovery of unpaid contributions and interest Who can apply? |
|
Yes |
92 | An order varying contributions or payment methods Who can apply? |
|
Yes |
94 | An order requiring original owner to pay compensation for inadequate estimates and levies Who can apply |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
120 | An order to enter to carry out work Who can apply? |
|
No |
123 | An order requiring an owner or occupier to repair damage or compensate for damage Who can apply? |
|
Yes |
194 | An order substituting schedule of unit entitlements Who can apply? |
Detail how and why you want the unit entitlements reallocated, including if the initial schedule was based on unreasonable valuations, or if the developer’s or subdivider’s estimate of proportionate values is inaccurate. Evidence includes:
|
No |
195 | An order about restricted property Who can apply? |
OR
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
159 | An order for exemption from requirement to insure Who can apply? |
OR
|
Yes |
161 | An order requiring a person to make or pursue insurance claim Who can apply? |
|
Yes |
162 | An order that the amount of insurance taken out must be varied Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
176 | An order requiring information to be entered on the roll Who can apply? |
|
Yes |
177 | An order requiring the supply of records or documents Who can apply? |
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
190 | An order made under the general order-making power Who can apply? |
|
Yes |
193 | An order to settle disputes or complaints Who can apply? |
Examples of general disputes or complaints:
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
197 | An order removing a person from a committee or office or prohibiting a committee from determining a matter Who can apply? |
Explain why you think the person should be removed from the association committee or why the association committee should be prohibited from determining a matter |
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
191 | An order to give effect to agreements and arrangements arising from mediation sessions Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
138 | An order for a civil penalty for breach of by-laws Who can apply? |
|
No |
207 | An order for a civil penalty for contravention of Tribunal orders Who can apply? |
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
192 | An order to make, revoke or renew an interim order Who can apply? |
|
Yes |
19 Nov 2023
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.