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Answered in 6 minutes by:
2/26/2020
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,265
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedHi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
you can settle this after in NCAT
The New South Wales Civil Administrative Tribunal “NCAT” process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.
However, before raising a claiming in NCAT, you should file for mediation at Fair Trading, and if the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT.
In most cases at mediation the matter will settle.
The matter is Civil.
You will be the applicant and the insurer the respondent.
The important filing document is the points of claim. This document needs to be carefully drafted.
I recommend that you download the application first, complete the same and then upload as required to commence the claim.
The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.
What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.
The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.
I recommend that you download the application first, complete the same and then upload as required to commence the claim.
The following link will assist you further.
http://www.ncat.nsw.gov.au
This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.
Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.
Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.
Thank you for reaching out today.
You have a legal right to protect your interests in this important situation.
I am a user like you in this chat forum to assist in your important question today.
Thank you kindly for rating me with 5 stars, which helps me support the community.
You can come back to this post any time to ask questions without additional charge.
I hope I have assisted with answering your important question today, and thank you for supporting the community.
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