NSW strata committee dispute checklist
NSW strata disputes are governed by the Strata Schemes Management Act 2015 and heard in NCAT after Fair Trading mediation. This checklist is for lawyers preparing strata disputes.
This is a 12-step checklist for preparing a NSW strata committee dispute for NCAT. It covers mediation, by-laws, and orders available under the Strata Schemes Management Act 2015.
The checklist
Identify the dispute
Identify whether the dispute is about by-laws, repairs, levies, meetings, or committee conduct.
Review by-laws
Review the registered by-laws including any NSW standard by-laws.
Gather evidence
Gather photos, correspondence, meeting minutes, and notices.
Send by-law breach notice
Serve a section 146 notice to comply on the alleged breaching owner.
Apply for Fair Trading mediation
Lodge a mediation application with NSW Fair Trading as required before NCAT.
Attend mediation
Attend the Fair Trading mediation session.
Obtain mediation certificate
Obtain a certificate of mediation outcome or unsuccessful mediation.
Prepare NCAT application
Prepare the NCAT Consumer and Commercial Division application.
Plead statutory grounds
Plead grounds under the Strata Schemes Management Act or by-laws.
Specify orders sought
Specify orders — injunctions, compliance, levies, or interim orders.
Lodge with NCAT
Lodge the application with NCAT and pay the filing fee.
Serve parties
Serve all affected parties and the owners corporation.
When this checklist applies
Use when preparing a NSW strata dispute for Fair Trading mediation and NCAT.
Common pitfalls
- Skipping Fair Trading mediation step
- Not serving a compliant section 146 notice
- Pleading by-laws that are not registered
- Missing the NCAT filing time limits
- Seeking orders NCAT cannot make
Run this checklist on a real matter
Quillio can prepare strata mediation and NCAT application documents for a NSW strata dispute. See /practice-areas/property-lawyers or start a free trial.
General guidance for NSW strata disputes. Apply specific scheme by-laws and NCAT procedure.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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