Presentation at Tribunal: NCAT Application, Evidence, and Procedures

This report provides a detailed overview of the procedures and processes involved in presenting a case at the NCAT tribunal. It outlines the steps for making an application, including the required documents and evidence. The report discusses the importance of providing supporting materials, such as insurance certificates, contracts, receipts, and witness statements, and explains the number of copies required. It also identifies documents crucial for tenancy disputes, particularly when tenants are behind on rental payments, and describes the role of personnel like agency principals, solicitors, and strata managers in the hearing process. The report further examines pre-tribunal hearing briefings, settlement procedures, and the purpose of conciliation in resolving disputes. It outlines the appropriate conduct within the tribunal, including addressing the magistrate and the rules and procedures governing tribunal proceedings. Additionally, it highlights the benefits of pre- and post-tribunal briefings and provides a sample script of a hearing, including the statement of reasons for allowing termination of tenancy, referencing relevant legislation and legal concepts throughout.

Running Head: PRESENTATION AT TRIBUNAL 1
Presentation at Tribunal
Student’s Name
Institutional Affiliation

PRESENTATION AT TRIBUNAL 2
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

PRESENTATION AT TRIBUNAL 3
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:
Agency principal
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).

PRESENTATION AT TRIBUNAL 4
Solicitor and/or Conveyancer
When being involved in a road accident: because he will advise on defending my case.
(Mohamad, Shariff, Hussein, & Rajamanickam, 2015).
Strata Manager
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).
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).

PRESENTATION AT TRIBUNAL 5
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.

PRESENTATION AT TRIBUNAL 6
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)
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).

PRESENTATION AT TRIBUNAL 7
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).
How must documents be stored once a hearing is over?
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.

PRESENTATION AT TRIBUNAL 8
Assessment 2
Script
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:

PRESENTATION AT TRIBUNAL 9
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

PRESENTATION AT TRIBUNAL
10
show your remorsefulness. You offered no reasons for your failure thus linking it to a sort of
personal decision (Rosenne, 1995).

PRESENTATION AT TRIBUNAL
11
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.