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:

• Proceeding in Absence: The Tribunal may proceed with the hearing and make a decision in the absence of the party. This is more likely if the party has been properly notified about the hearing date and time.
• Adjournment: The Tribunal may choose to adjourn the hearing to another date, especially if it believes that the absent party did not receive adequate notice or had a reasonable excuse for not attending. However, repeated absences without a good reason might not be tolerated.
• Dismissal: If the absent party is the applicant, the Tribunal might dismiss the application.
• Orders: If the respondent does not attend, the Tribunal can make orders in their absence. This could potentially result in an unfavourable outcome for the absent party since they have not had the chance to present their case or defend themselves.
• Costs: The Tribunal may order the absent party to pay costs. Costs might be awarded to the attending party for their time, legal representation (if they had any), and other associated expenses.

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.