Residential Focus - 10 April 2018: Part 1 - NCAT Procedural Direction on expert evidence

NCAT issues updated Procedural Direction on expert evidence

The NSW Civil and Administrative Tribunal (the Tribunal) has issued a revised Procedural Direction 3 (Direction) which came into effect on 28 February 2018.

While the previous direction applied to proceedings in all divisions of the Tribunal, the new Direction applies to a specific sub-set of proceedings, namely:

• proceedings in which the rules of evidence apply (Evidence Rules Proceedings)
• proceedings in the Consumer and Commercial Division involving claims under the Home Building Act 1989 (NSW) with a value greater than $30,000
• proceedings in the Occupational Division for a "profession decision" as defined in clause 29(1) of Schedule 5 to the Civil and Administrative Tribunal Act 2013 (NSW)