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# Contractual Dispute at NCAT: My Company’s Situation

## Background of the Dispute
Currently, my company is embroiled in a contractual dispute with another party over a service agreement. To seek resolution, I have taken the case to NCAT for adjudication. Last week, we attended a hearing, but it could not proceed as the respondent’s ASIC number was not provided. Despite the other party being a no-show, a new date has been scheduled with the necessary amendments made.

## Tribunal’s Directive on Evidence Submission
During the hearing, the tribunal member advised me to send the evidence to the respondent before the next session, along with a statutory declaration confirming the delivery. However, a conflicting instruction from NCAT via email prompted me to bring the relevant documents to the hearing. Confusion arose when I found no clear process on the NCAT website for pre-hearing evidence submission to the respondents.

## Clarification from NCAT Help Center
Seeking clarification, I contacted the NCAT help center, where I was informed that I could either bring three copies of the documents to the hearing or dispatch them to the respondent via mail beforehand. The representative highlighted that pre-sending the evidence could benefit me by ensuring the respondent is fully prepared, but I struggled to see the advantage of tipping off the opposing party.

## Engagement with AI Legalese Decoder
In situations like these, the AI Legalese Decoder could prove invaluable. By analyzing the legal jargon and procedures, the AI software can interpret conflicting directives, offering clarity on the best course of action. Additionally, it can provide insights on the potential benefits and drawbacks of pre-sharing evidence with the respondent, helping to strategize and navigate the legal proceedings more effectively.

## Seeking Guidance and Resolution
Seeking advice from those who have encountered similar circumstances or those well-versed in legal procedures, I am torn between adhering to the tribunal’s suggestion of pre-exposing evidence or opting for a traditional on-the-day approach. Any insights or recommendations would be greatly appreciated. Thank you.

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3 Comments

  • CamillaBarkaBowles

    The tribunal member can be pernickety but follow EVERY rule before you get there and have every piece of evidence. They have to prove the other side has been served and they can ONLY do that with a current ASIC extract where NCAT can do their due process and serve the other side.
    I posted in AuS fashion about some Bally (Swiss) shoes that were bald and got snark.
    I took Bally to NCat and won. And won costs as well. Bally did not show up.. the member triple checked all the ASIC extract and that they had been served.
    If they ask you to cut your nails, you ask “how short”

  • Status_Expression_31

    It will just be adjourned again if the responded advised they haven’t gotten an opportunity to review evidence.

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