Community Title
17. Dispute Resolution
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 08 Jul 2015
- If a dispute originates in your community the first step is often to talk about it.
- Discussing your problem with your neighbour is often the best action you can take. Most people do not realise they have offended their neighbour in some way and are often able to resolve the dispute among themselves.
- If you feel that someone has breached a by-law and you are unable or unwilling to talk to them about it you can complain to your association:
- the association will usually vote on whether the owner or occupier has breached the by-law;
- if the vote is passed the association can issue a notice for non-compliance;
- serious non-compliance may be taken to the NSW Civil and Administrative Tribunal NCAT); and
- NCAT can impose fines or penalties up to $550.00.
- If talking is unsuccessful and the matter does not involve a breach of a by-law or the association vote for a non-compliance notice is not passed you can proceed to mediation:
- mediation is a structured negotiation process guided by an independent mediator who helps the parties to a dispute to reach a resolution;
- mediation is confidential; and
- you can apply for mediation through the NSW Office of Fair Trading or a community justice centre.
- If no agreement can be achieved through mediation either party can apply for an order by an NCAT adjudicator. A decision made by the adjudicator is binding and there are penalties for non-compliance.
- If you are unhappy with the adjudicator’s decision you can appeal to NCAT. Time frames are usually strictly observed and you must lodge your appeal within 21 days of the decision.
- If you feel the tribunal has made an error of law you can appeal to the District Court.
- It is highly advisable to seek legal advice before commencing any action in the tribunal or a court.
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