In the new year the CTTT (Consumer, Trade and Tenancy Tribunal) will be known as the NSW Civil and Administrative Tribunal (NCAT). I'm not sure what changes this will make to the application process from January onwards, but here's a quick guide to how we lodged the claim against our builder...
First step is to contact the Department of Fair Trading (DFT). I found these guys to be helpful, though unfortunately pretty powerless. I made a formal complaint against the builder back in June but nothing shows up against his name when you do a search on his licence (which is why we're glad Tribunal creates a black mark against his name....if only to warn other potential clients).
Let's face it, if we really wanted to rubbish his name, we'd do it on the online building forums!
Anyway, by talking to the DFT and making a complaint, it creates a formal process surrounding the problem. The DFT offer effective steps on how to resolve this process (so it hopefully doesn't even have to go to Tribunal). After exhausting these steps, the DFT sends you the referral necessary for your CTTT application.
Second step is to download the application form on the CTTT website http://www.cttt.nsw.gov.au/pdfs/Applications/Forms/Application_form_home_building.pdf Take your time and fill in the form. Remember the respondent (person you're claiming against) gets a copy of this form and all attached documentation, so keep this in the back of your mind at all times.
In question 12 'What order/s do you want', you're able to select 'work orders', 'money orders' or 'other orders'. You could select one, two or all three of these options, depending on the situation. We chose a 'money order' (due to all of the f@&$ ups in the house - we definitely DO NOT want the builder back...EVER! We'll happily source new trades ourselves), and 'other order', stating that the CTTT ruling ceases our relationship with the builder (builders warranty excluded). You could put anything in this order really. We chose to create some finality and ensure there's no more back-and-forth with this dickhead.
In question 13 'What are your reasons for requesting the above order/s' we treated it as an appendix for all of the items we were attaching to the claim: copy of the contract, inclusions list, full set of house plans and spreadsheet covering all of the outstanding items (basically our total claim laid out in an easy-to-read format).
This spreadsheet listed all payments claimed and made (to give the mediator at Tribunal a snapshot of where the financials are up to), outstanding items (what the builder STILL hasn't finished on the house), and defects (stuff wrong with the house due to the builder's shit-house work). All of these items are numbered for easy reference, a short description given, valued and tallied for a final figure. The excel spreadsheet also has a running total to make it really easy to read.
The idea is that someone can gain an overall idea of the situation by reading this document. Details will/can be explained further at Tribunal if necessary. The key focus is to make it factual with NO EMOTION. This is not the place for being cranky/upset. The clearer and more concise you are, the easier it is for a mediator, and the easier the process.
To lodge online takes (they say) 30 minutes once you've got all your documentation together (the really time-consuming aspect). We lodged it at the office in person and it only took a few minutes. Lodging it this way also means we get to choose the hearing location (handy for us...not so handy for the builder - but who cares?).
Third step is to wait for the hearing date to come in the mail and pull all of your claims and resources together (the hard bit!).
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