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Answered in 23 minutes by:
10/25/2020
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 36,289
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
VerifiedHi, I’m John Melis, solicitor, and I am in Australia.
You can seek a resolution and claim compensation.
Issue a formal complaint in writing. Request a review on the matter.
Include a time limit of 7 to 14 days subject to your requirements for a reply.
Make sure you enclose all evidence with the correspondence.
When you draft this correspondence, use a number for each point.
Where no response is received and you have reviewed the conditions carefully on any agreement, and you are still not satisfied with the situation, you can then raise a claim in the Tribunal or Court.
I suggest you file a claim as soon as possible if the matter does not resolve.
The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.
Before raising a claim in NCAT, you should file for mediation at Fair Trading. 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.
Your case is civil.
You will be the applicant. The other party is the respondent.
The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.
Draft the complaint in a chronological order detailing the issue and what action you have taken to try and rectify the matter.
The alternative is to apply to the local court. In court, you may recover your legal fees.
The following link will assist you further. http://www.ncat.nsw.gov.au
There are various help menus on the website that will assist you in finalising the application.
Make sure you have all your evidence for the case.
Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.
I thank you kindly for reaching out today.
I appreciate your assistance with a rating of five stars, as this helps me support the community.
If there is anything else, big or small, that I can help you with today, please let me know?
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