71942 Satisfied customers
Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
71942 Satisfied customers
Jessica
Consultant
John Melis, Expert
Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. If I understand you correctly I suggest the following:
The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.
Before raising a claim in NCAT, you should file for mediation at Fair Trading. If the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT.
In most cases at mediation, the matter will settle.
Your case is civil.
You will be the applicant. The other party is the respondent.
The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.
Draft the complaint in a chronological order detailing the issue and what action you have taken to try and rectify the matter.
The alternative is to apply to the local court. In court, you may recover your legal fees.
The following link will assist you further. http://www.ncat.nsw.gov.au
There are various help menus on the website that will assist you in finalising the application.
Make sure you have all your evidence for the case.
Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.
I thank you kindly for reaching out today.
I appreciate your assistance with a rating of five stars, as this helps me support the community.
If there is anything else, big or small, that I can help you with today, please let me know?
John Melis, Expert