Steps For Making An Application To A Tribunal

Get Ready with the Required Documents

Question:

Discuss about the Presentation at Tribunal for Pre-Hearing Techniques.

Go on to the NCAT website and using the unit textbook to describe in point format the process for making an application to a tribunal

Get ready with the documents and the data required for your application.

On the NCAT Home page click the Making an application on the top-page horizontally aligned links.

Click on the Apply Online link.

Fill the online application form

Review and submit your request for exactness before submission

Make payments via your credit card

Obtain your hearing notification online (immediately) or sometime later through post or email (Park, 2014).

List the eight evidences or supporting materials required to be submitted along with your application to the tribunal. How many copies must there be of each document? Why?

A copy of Insurance Certificate

A copy of contract

A copy of the application Fee

A copy of each receipt

A copy of every Work order

A copy of recent ASIC company or business name extract

A copy of witness statements

A copy of demand or claim fee

A copy of each document must be presented because they are to be provided to the other party.

Identify five documents that may be taken to a tribunal hearing as evidence when the tenant is behind on their rental payments.

A copy of tenancy agreement or lease

All receipt carbon copy or record of rental payments like bank statements and rent deposit books

A calculation giving out the date you last paid rent and the rent accumulated up to the time of notice vacate and on the hearing day.

A copy of rent payment notice

Termination Notice (Coe, 2008). 

Describe when and why you would contact these personnel’s regarding your tribunal hearing:

When you need a decision to be reviewed the agency principal will help you know if your decision can be considered (Mohamad, Shariff, Hussein, & Rajamanickam, 2015). 

When being involved in a road accident: because he will advise on defending my case. (Mohamad, Shariff, Hussein, & Rajamanickam, 2015).

I will contact a strata manager if there is a mismanagement in the Strata Schemes or that which the providence of the laws has not been compiled with. The strata manager ensures that the scheme is accomplishing legislated responsibilities and also ensures that the client gets practical and cost-effective advice to limit risks (Mohamad, Shariff, Hussein, & Rajamanickam, 2015).

Visit NCAT Website and Click on Making an Application

Describe the purpose of a pre-tribunal hearing briefing?

Is a conference that makes part of the appeal preparation and there it’s not meant to take place on the hearing day. It is meant to allow the advocate carry out a better analysis on the complex and grave issues. It helps in identifying any additional amendment to the witness statement before its finalized. It also enables each participant to identify his/her role in the actual hearing (Coe, 2008).

Describe the procedure you must follow when a matter has been settled before the hearing?

Formalize your withdrawal in writing informing the court that the issue is resolved and there remains no need for a hearing. Fill the withdrawal application form.

Send your request to withdraw your application by fax, mail or in person. Include a written consent in case more than two applicants are involved.

Receive orders from NCAT approving the withdrawal of your application (Park, 2014).

Describe the purpose and role of conciliation in the context of tribunals?

Involves parties negotiating in an attempt to solve dispute for themselves.

It creates a platform where  you can tell your perception of the story in a free environment (discussion)

It resolves an issue mutually and much faster at the end of the day

It functions to enable one to obtain a deeper understanding of the other participant’s matters.

If functions to bring about a solution that is sensitive to both parties (Chaudhuri, 2016).

In the context of lease or tenancy disputes, in what circumstances would conciliation be the better method to resolve a dispute over mediation.

 Rent refunds

Retaliation

Inappropriate eviction notices

Changes in facilities and services

Unlawful increment of rent

Significant house code violations

Need of repairs

Modification of 70% voluntary agreements (Chaudhuri, 2016).

Describe the appropriate manner of entering and departing from a tribunal.

While leaving or entering the room during proceedings bow slightly to a magistrate or judge.

Briefly, describe the appropriate manner of addressing the tribunal.

Address the magistrate or judge as Sir/Madam, address all witnesses and participants politely and ensure you use industry and legal language where necessary.

Describe in detail, the rules and procedures of a tribunal

Rules concerning practice and procedure in tribunal are found in part 2 Division 5 of the Act. The uniform civil procedure rules are not relevant to court issues. The below-discussed rules are relevant to each of the four categories of NCAT. There exists an extensive authority to come up with regulations which impact practice and procedure in NCAT under Section 35(1)

Fill and Submit the Online Application Form

The tribunal rules can also offer regulations of practice and procedure

Lastly, colloquial practice trends can be conscripted in the shape of practice note notes to enable fast and flexible feedbacks to the changing situations.

The following describes the sequence of tackles which avail rules for practice and procedure.

Civil and Administrative Tribunal Act 2013(NSW)

The various schedules relating to individual divisions of Civil and Administrative Tribunal Act 2013 (NSW)

Regulations (statutory instruments)

Tribunal Rules drafted by Rules committee

Practice directions outlined as Practice notes and dispensed by the Deputy President or President (Mohamad, Shariff, Hussein, & Rajamanickam, 2015).

What are the benefits of participating in pre-and post-tribunal briefings? What is discussed at this briefing?

Post- briefing is a memo written after hearing to address specific matters, i.e., to urge new records. Post-briefing can strengthen a case thus making the client have a favourable choice. While pre- briefing enables one to know what to expect, what to find out and what to offer a framework of legislation. Pre-briefing is done to prepare one for the upcoming hearing (Coe, 2008). 

The copies of the documents filled by the court and all the evidence are filed and kept separate from the uncleared documents. You should keep his/her copies with grate carefulness.

Assessment 2

As landlord’s advocate enters and sits on a chair next to the public arena (swinging gates)

The commissioner calls the title of the “case” advocate rises and utters: “provide your actual name, advocate for complainant.”

The commissioner asks, “Have you attempted to resolve this dispute mutually?”

Advocate says, “No your honour.”

A lawyer walks to the accuser, Roger O’Brien and says, “let’s meet outside for some minutes.”

The defender carries out conciliation. Provides Andrew Lee with a calendar and his payment receipts. The lawyer gives two weeks for the accused to sign a judgment to return the rent.

Back in the courtroom, the defender sits down, the judge calls the case and asks, “have attained a consensus?”

The lawyer answers No, your honour.”

Judge asks, “what duration can the trial take?”

Advocate answers “35 minutes.”

During the trial, the judge asks, “did you have a witness.”

“Yes, the landlord, Roger O’Brien is the witness.”

The witness gives a testimony:

I am the owner of the property located at 87 Baker Avenue,

 I rented Ashfield, 2131 apartment to Andrew Lee a while ago.

 The current monthly rent is $ 2,000.00.

 For the last three months, the rent had not been submitted, and I prepared a three-day notice to pay or quit.

  On 14th August 2017, I gave a copy of the 3-day notice to pay or quit to the tenant.

  I waited three days, and the tenant did not pay the rent.

  I want [or the wants the place back

Judge asks Andrew “are the sentiments outlined by the witness faithful and accurate?”

“Yes, your honour,” the accused answers.

“What do you have to comment about this” asks judge

“I would request a grace period of one week to enable me to have a plan.” (ORDER, 2013).

Statement of reasons

Subject: INTENT TO ALLOW TERMINATION OF TENANCY

SSN: XX-540

STATEMENT OF REASON

You were provided with a copy of a three-day notice to pay or quit the agreement, and you did not respond to the request. The request came after you skipped paying rent for three consecutive months. During the trial, you did not show any concern or clearing up your debt neither did you show your remorsefulness. You offered no reasons for your failure thus linking it to a sort of personal decision (Rosenne, 1995). 

References 

Chaudhuri, B. (2016). Cost Control in Ad Hoc Arbitration in India-Thoughts and Observations. Browser Download This Paper.

Coe, J. J. (2008). Pre-Hearing Techniques to Promote Speed and Cost-Effectiveness-Some Thoughts Concerning Arbitral Process Design.

Mohamad, M., Shariff, A. A. M., Hussein, S. M., & Rajamanickam, R. (2015). Strata Management Tribunal in Peninsular Malaysia: Comparison to Strata Titles Board, Singapore and Consumer Trade Tenancy Tribunal, New South Wales, Australia. Mediterranean Journal of Social Sciences, 6(2), 293.

 ORDER, E. (2013). I. Background and Purpose. Policy, 1(102), 102.

Park, J. (2014). NCAT to be. Journal (Real Estate Institute of New South Wales), 65(2), 7.

Rosenne, S. (1995). Establishing the International Tribunal for the Law of the Sea. The American Journal of International Law, 89(4), 806-814.

Wright, R. (2014). The work of the NSW Civil and Administrative Tribunal. Judicial Officers Bulletin, 26(10), 87.