When a home building dispute proceeds to the NSW Civil and Administrative Tribunal (NCAT), one of the most important documents the Tribunal relies on is a Scott Schedule.

While NCAT Members always read the expert reports, plans, photographs and all other evidence in full, these materials can be lengthy and difficult to navigate during a hearing. The Scott Schedule solves this problem. It acts as a structured, easy-to-follow cheat sheet that summarises each defect, the relevant breaches, the parties’ respective positions, and the rectification costs.

This article explains:

• What a Scott Schedule is

• When it is required

• Why it is important

• How it is populated by each party’s expert

• How it assists NCAT and the Tribunal Member

• What each section of a Scott Schedule means

It is written to help both applicants and respondents understand how Scott Schedules operate in home building disputes.

What Is a Scott Schedule?

A Scott Schedule is a table, usually in spreadsheet form, that itemises each alleged defect or item in dispute.

It presents, side-by-side:

• The description of the defect

• The breach/es of the NCC, Australian Standards, manufacturer specifications or Home Building Act

• The Applicant’s rectification scope and cost

• The Respondent’s position, alternative scope and cost

• The experts’ points of agreement and disagreement after conclave

This allows NCAT to instantly see the issues in dispute, the relevant technical requirements, and the competing expert views, without needing to flip through hundreds of pages of narrative reports.

A Scott Schedule is not used for pre-litigation. It is a Tribunal-directed document used during NCAT proceedings.

When Is a Scott Schedule Required?

NCAT will typically require a Scott Schedule when:

• There are multiple defects

• Each party is relying on its own expert evidence

• The case involves complex technical questions

• The Tribunal needs a structured way to compare competing positions

Scott Schedules are commonly ordered under NCAT’s home building directions, particularly in disputes under the Home Building Act 1989 (NSW).

The Tribunal may also require the experts to produce a joint report in the form of a Scott Schedule after they have attended a conclave (expert meeting).

Why Is a Scott Schedule Important?

1. It identifies the technical breach/es of each item

For every defect, the expert must identify the relevant breach/es, such as:

• NCC clauses

• Australian Standards (e.g., AS 3740, AS 3958, AS 2870)

• NSW Guide to Standards and Tolerances

• Home Building Act statutory warranties

• Manufacturer installation requirements

This shows NCAT exactly why the item is alleged to be defective and what rule or requirement has been breached.

2. It simplifies otherwise lengthy and technical evidence

Expert reports can be long, detailed and difficult to follow during a hearing.

The Scott Schedule is the cheat sheet:

• The Member still reads the full reports

• But the Schedule provides a quick reference table highlighting the defect, breach, scope and cost all in one row

This keeps the hearing structured, efficient and focused.

3. It clarifies the costings and the justification of those costs

Each side’s expert must provide:

• Quantities

• Rates

• Methodology

• Access considerations

• Sequencing of trades

• Total calculated cost

These costings represent the financial consequences (as a loss to the applicant) if the defect is proven.

This allows the Tribunal to quickly understand the quantum of the dispute.

4. It narrows the issues in dispute

By forcing both parties to set out their positions item-by-item, the Schedule often reveals:

• Items that are accepted

• Items that are partially accepted

• Items that remain in dispute

• Items that are agreed after conclave

Many disputes settle—or significantly narrow—once the Scott Schedule is exchanged.

The Process

(How the Schedule Is Populated)

1. Applicant’s expert prepares the Applicant’s side

The Applicant’s expert:

• Lists each defect

• Identifies the relevant breach/es

• Provides a detailed rectification scope

• Provides costings (quantities, rates and totals)

This forms the baseline Schedule.

2. Respondent’s expert populates the Respondent’s side

The Respondent’s expert then enters:

• Whether they accept, deny or partially accept each defect

• Alternative breaches or explanations (where relevant)

• A competing rectification method

• Their own costings

This allows NCAT to see both sides of the dispute clearly.

3. Experts attend a conclave

NCAT usually orders the experts to meet (without parties or lawyers) to discuss each item.

During the conclave, they:

• Work through the Schedule defect-by-defect

• Identify items where they agree

• Identify items where they still disagree

• Provide reasons for both

• Finalise the “joint expert evidence” section

4. Joint report in the form of a Scott Schedule

After conclave, the Tribunal may require the experts to produce a joint report in Scott Schedule format.

This section of the Schedule:

• Shows where the experts agree

• Shows where they disagree

• Sets out the reasons for agreement/disagreement

• Helps the Member understand the technical divide between the experts

This is not the Tribunal Member’s notes—it is the experts’ agreed joint output.

How a Scott Schedule Assists NCAT and the Tribunal Member

A Scott Schedule is one of the most helpful documents for NCAT because it:

1. Turns a complex dispute into a clean, itemised checklist

The Member can simply proceed through:

Item 1 → Item 2 → Item 3 → etc.

Each item shows the defect, breach, evidence and cost.

2. Shows expert agreement and disagreement in seconds

Instead of comparing two long reports, the Member sees:

• Applicant’s view

• Respondent’s view

• Conclave joint statement

All side-by-side.

3. Improves clarity and speeds up hearings

The Schedule makes hearings more efficient because:

• Questions are focused

• Issues are narrowed

• The quantum is clear

• The technical foundation is properly laid out

4. Supports the Member’s written reasons for decision

Because the Schedule is structured, the Member can use it as the backbone for:

• Findings

• Reasoning

• Orders

What a Scott Schedule Looks Like and What Each Section Means

See below NCAT’s standard Scott Schedule template.