Building Professional Support in your NCAT matter

Building Disputes can be overwhelming.

Whether you are a homeowner, builder, or contractor, finding yourself in a building dispute can be stressful and complex.

You may have initiated an NCAT matter, or you may have unexpectedly become involved in a dispute you never intended to be part of. Regardless of your situation, it is crucial to present a strong case and have the right professionals by your side to ensure the best possible outcome.

1. NCAT Orders & The Dispute Process

At your first NCAT hearing, you will likely be encouraged to conciliate with the other party in hopes of reaching a fair resolution.

Unfortunately, conciliation does not always lead to a successful outcome and can sometimes escalate tensions between the Applicant and Respondent.

If no agreement is reached, the NCAT Member will usually issue an Order, which sets deadlines for both parties to submit their supporting evidence.

In a building dispute, the relevant documents typically include:

• Witness statements
• Expert reports
• Colour photographs
• Invoices & quotations
• Chronology of events
• Contracts
• Schedules
• Joint expert reports

Some of these documents you will prepare yourself, while others—such as expert reports—must be prepared by a qualified Building Expert (Expert Witness).

2. What is a Expert Witness?

An Expert Witness in building disputes is a highly qualified professional with expertise in construction.

At NCAT, an Expert Witness must comply with NCAT Procedural Direction 3, ensuring that their report is independent, impartial, and based on technical expertise.

Their role is to:

• Assess the claims and defects in question
• Provide an expert opinion on construction issues, defects, or relevant matters
• Prepare a detailed report that complies with legal standards
• Give evidence under oath at a hearing, if required

To qualify as an expert in building disputes, one must have extensive experience in construction, a deep understanding of the Building Code of Australia (BCA/NCC), the Home Building Act, and the Australian Standards.

4. Ask for Our Help

No matter where you are in your dispute, feel free to contact us and speak directly to an experienced building expert.

We are always happy to help!