Joining Mediation Matters to a New Hearing

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Forums Disputes and litigation Joining Mediation Matters to a New Hearing

Viewing 4 posts - 1 through 4 (of 4 total)
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  • #398280
    Miss
    Member

    Hello Amanda and team,

    I as the applicant / OC as respondent, we attended a directions hearing – there is no date set for a hearing rather a date to provide documents.

    Do I assume thereafter you get a date for a hearing?

    On a completely different matter: the same OC respondent did not comply with the Dept of Fair Tradings’ terms that were agreed at mediation.  I understand that this should now go to NCAT too?

    How do I go about having the failed mediation matter, ‘joined’ to the first matter?  Or do I just start the process again as though it was something new, mentioning, of course, the matter before NCAT at the moment?

    In appreciation,

    Miss

     

    #398377
    Amanda Farmer
    Expert

    Hi Miss,

    You will receive a notice from the Tribunal listing the final hearing date shortly. It will be a date falling after the date the respondent files their material.

    Take a look at section 230 SSMA re orders enforcing mediated agreements. If it’s the same subject matter as your current application, just amend your application to seek this order also. If it relates to a completely different issue/s, file a separate application seeking an order to enforce the mediated agreement.

     

    Amanda.

     

    #398562
    Miss
    Member

    Thanks Amanda,

    • The mediation where the respondent didn’t do as agreed at the mediation relates to a different issue, i did file a separate case with NCAT to that effect BUT also asked that it be joined the the matter currently before the tribunal, same respondent, but somehow that didn’t happen, maybe I just follow it up. Problem is whenever I call NCAT I get a different response so am seeking clarity.
    • To that the member said they could not order payment when she was just speaking generally about what NCAT could/not do, but in mediation the respondent agreed to pay the $ but didn’t, so if/when I take that to NCAT what orders should I seek?

    ever grateful

    #398819
    Amanda Farmer
    Expert

    Hi Miss,

    Sorry, you’ve lost me at “payment”. I don’t know what issue your mediation covered or what was agreed. I cannot say what orders you should seek.

    Amanda.

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