What happens if the other party does not turn up to the final hearing?
Posted 20 May 2024
Category: NCAT and Court Proceedings, eBooks
If one party fails to attend the final hearing in a strata matter at the NCAT, several things can happen:
Therefore, if you find yourself in a situation where you are unavailable to attend a final hearing, it is extremely important to notify the Tribunal as soon as possible if you cannot attend a hearing. If you have a genuine reason (like a medical emergency), it might be considered by the Tribunal in deciding whether to adjourn or proceed in your absence.
Further, if a decision or order is made in the absence of a party, and that party believes the decision was unjust due to their non-attendance, they may have limited options to appeal or request a review. It depends on the specifics of the case and the reasons for non-attendance.
On the above bases, for any party involved in a matter at the Tribunal, it is very important to attend all scheduled hearings unless there’s a compelling reason not to. If there is any uncertainty about the implications of non-attendance or the need to reschedule a hearing, we recommend that you obtain further legal advice on the implications of non-attendance.
Bannermans Lawyers can assist further with this advice as required.
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.
