Is there a time limit as to when proceedings can be brought in the NCAT?
Posted 08 June 2025
Category: eBooks
In NSW, a party (either the owners corporation or a lot owner) generally has 28 days from the date they become entitled to commence proceedings in the Tribunal to commence these proceedings.
Rule 23(3)(b) of the Civil and Administrative Tribunal Rules 2014 specifies the time frame within which a general application must be made to the Tribunal. If the enabling legislation does not prescribe a specific period for making the application, it must be lodged within 28 days from the day the applicant became entitled under the enabling legislation to make the application. This rule ensures timely initiation of proceedings.
Examples of types of applications to be brought in the Tribunal within 28 days include, but are not limited to: applications seeking motions resolved at meetings of an owners corporation to be invalidated and/or applications by an owners corporation for a lot owner to rectify damage to common property caused by unauthorised works.However, if a party does not commence proceedings within the 28-day timeframe, it is open to the party to seek an extension of time to commence these proceedings. Section 41 of the Civil and Administrative Tribunal Act 2013 empowers the Tribunal to extend Strata Schemes Management Act 2015, enabling legislation, or Tribunal rules. This provision allows the Tribunal to grant extensions for filing applications, appeals, or other procedural requirements. Such extensions can be requested by a party and are subject to the Tribunal’s discretion. The Tribunal may grant an extension if it is satisfied that there are reasonable grounds for doing so and will be assessed on a case-by-case basis.
If you need assistance understanding or asserting your strata rights, feel free to reach out and ask our specialist strata advice and dispute lawyers.
This is an extract from our Bannermans NCAT Strata Disputes ebook.
To access more FAQ'S on NCAT Strata Disputes fill in the below form to download our Bannermans NCAT Strata Disputes ebook for free.
