What Happens After an NCAT Application Is Filed?

A Practical Guide for NSW Self-Managed Strata Committees

When an NCAT application is filed against a strata scheme, many committees assume an immediate hearing or ruling will follow.

In reality, the process is structured, staged, and often slower than expected — with multiple procedural steps before any final decision is made.

Committees frequently ask:

What happens first? Do we need a lawyer? Can we still resolve the issue? What are the risks if we ignore it? What documents are required?

This guide explains what happens after an NCAT application is lodged, how matters typically progress, and what a self-managed committee should do at each stage to protect the scheme.

1. What an NCAT Application Means

An NCAT application formally starts a legal dispute under NSW strata legislation.

Once filed:

• The matter is registered with NCAT
• The Owners Corporation becomes a named respondent
• Procedural obligations begin immediately

Ignoring the application or delaying action can seriously disadvantage the scheme.

2. Initial Notice and Service of Documents

After filing, the applicant must serve the application on all relevant parties, usually including:

• The Owners Corporation
• Individual lot owners (in some cases)
• Managing agents or committee members (where relevant)

The application will include:

• Orders being sought
• Grounds for the dispute
• Any supporting evidence filed so far

The committee should review this carefully, as it defines the scope of the case.

3. Directions Hearing or Preliminary Conference

Most strata matters do not go straight to a final hearing.

NCAT typically lists an early procedural step, such as:

• A Directions Hearing, or
• A Conciliation or Preliminary Conference

At this stage, NCAT may:

• Clarify the issues in dispute
• Order further evidence to be exchanged
• Set deadlines for submissions
• Refer the matter to mediation
• Narrow or dismiss unsupported claims

Committees that prepare properly often gain a strong early advantage.

4. Evidence and Submissions Stage

If the matter proceeds, both sides will usually be ordered to file:

• Written submissions
• Supporting documents
• Affidavits or statements
• Expert reports (if relevant)

Common strata evidence includes:

• Meeting minutes
• Notices and correspondence
• By-laws
• Invoices and records
• Committee resolutions
• Compliance documentation

Failure to comply with NCAT directions can result in:

• Evidence being excluded
• Orders made in the other party’s favour
• Cost penalties in some cases

5. Can the Matter Be Resolved After Filing?

Yes — and many are.

NCAT actively encourages resolution:

• During conciliation
• Between directions hearings
• Even on the day of hearing

Agreements can be formalised through:

• Consent orders
• Withdrawal of the application
• Enforceable undertakings

Early resolution often saves time, stress, and legal costs.

6. What Happens at the Final Hearing

If unresolved, the matter proceeds to a final hearing.

At the hearing:

• Each side presents arguments and evidence
• Witnesses may be questioned
• The Tribunal Member assesses facts and legislation
• Orders may be made immediately or reserved

Hearings are generally less formal than court, but still legally binding.

7. Possible Outcomes After NCAT

NCAT may:

• Make enforceable orders
• Dismiss the application
• Require corrective action
• Order meetings to be held
• Invalidate decisions or resolutions
• Award limited costs in specific circumstances

Orders are legally binding on the Owners Corporation.

Non-compliance can lead to further enforcement action.

8. Can Committee Members Be Personally Liable?

Personal liability is uncommon, but risk increases where committee members:

• Act outside their authority
• Ignore legislation or Tribunal directions
• Fail to comply with NCAT orders
• Act in bad faith or with negligence

Proper documentation and procedural compliance significantly reduce risk.

9. What If the Committee Inherited the Dispute?

This is very common.

NCAT focuses less on who caused the issue and more on:

• How the current committee responds
• Whether directions are complied with
• Whether reasonable steps are taken to resolve the dispute

Prompt, professional handling can mitigate adverse outcomes.

10. What the Committee Should Do Immediately

Once an NCAT application is filed, the committee should:

• Read the application carefully
• Diary all NCAT deadlines
• Preserve all relevant records
• Avoid informal communications with the applicant
• Prepare a clear factual timeline
• Seek professional assistance early
• Ensure all decisions are properly minuted

Delay or disorganisation often causes more damage than the dispute itself.

Final Thoughts

An NCAT application is not just a complaint — it is a formal legal process with real consequences.

Key points to remember:

• The process is staged, not immediate
• Early preparation matters
• Evidence and compliance are critical
• Many matters resolve before hearing
• Ignoring NCAT almost always makes things worse

Handled properly, many disputes can be resolved without severe outcomes.

Strata On Demand Can Help

Strata On Demand supports self-managed strata committees across NSW with 30+ pay-as-you-go services — no contracts, no ongoing fees, and no full-service management required.

For NCAT-related matters, the five most relevant services are:

1. Tribunal Preparation (NCAT)

We assist with document collation, timelines, submissions, and procedural compliance.

2. Drafting Notices & Letters

Clear, compliant correspondence before and during proceedings.

3. Compliance Health Check

Identifies governance or compliance gaps that often trigger disputes.

4. AGM / EGM Agenda Drafting

Required where resolutions are needed to respond to or resolve disputes.

5. AGM / EGM Meeting Minutes

Accurate records are critical evidence in Tribunal matters.

If your scheme has received an NCAT application, Strata On Demand can help you respond correctly, meet deadlines, and reduce risk before the matter escalates.