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Renewal of Proceedings

Posted 20 May 2024

Category: Building Defects, eBooks

Don’t miss the 12 month deadline.

If you successfully obtain a Work Order against a builder or developer in NCAT, don’t forget that you must enforce that Work order within 12 months of non-compliance. Failure to do so could result in you losing your rights.

Generally, a builder or developer would ask that the scheme permit them additional time to complete a Work Order, but consider obtaining legal advice, as the Tribunal has determined that it cannot order an extension of time in renewal proceedings, as it must make “any other order” than it made in the original proceedings.

If the parties both want an extension of time, we can help you get one, while ensuring you don’t lose your rights to enforce your Work Order and seek damages in renewal proceedings.

Did you know that renewal proceedings can be transferred to the Supreme Court of NSW? This potentially means that if you obtain a Work Order in the Tribunal, which is technically valued over $500,000, you might not be restricted to the Tribunal’s monetary limit of ordering $500,000 in damages when you come back for renewal proceedings, if they get transferred to the Supreme Court of NSW.

If you think you are outside of time to enforce your Work Order, speak to us about a section 41 extension. We may be able to assist.

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This is an extract from our Bannermans Building Defects 2023 Guide.

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Bannermans Lawyers

Published 20 May 2024