How to Prepare for NCAT or VCAT as a Homeowner

If you are a homeowner dealing with defective building work, unfinished construction, or a contract dispute, you may find yourself heading to a tribunal. In New South Wales, that tribunal is the NSW Civil and Administrative Tribunal (NCAT). In Victoria, it is the Victorian Civil and Administrative Tribunal (VCAT). Both tribunals handle building disputes between homeowners and builders, and while the processes are similar in many ways, preparation is the single biggest factor in determining the outcome of your case.

This guide is written for homeowners who are approaching a tribunal hearing for the first time. It covers the key steps you should take before the hearing, how to gather and organise your evidence, why an expert witness report matters, what to expect on the day, and the typical timelines involved.

Understand the Tribunal Process

Before you begin preparing evidence, it helps to understand how the tribunal process works. Both NCAT and VCAT are designed to be more accessible than courts. They are less formal, and many homeowners represent themselves without a lawyer. However, the tribunal still follows structured procedures, and you need to take them seriously.

The typical process includes the following stages:

1. Filing your application. You lodge an application with the tribunal, setting out your claim against the builder.
2. Directions hearing. The tribunal holds a preliminary hearing to set a timetable for the matter, including deadlines for filing evidence and expert reports.
3. Mediation or conciliation. Most matters go through a mediation or conciliation process before a hearing. In Victoria, you may need to go through Domestic Building Dispute Resolution Victoria (DBDRV) before filing at VCAT.
4. Exchange of evidence. Both parties exchange their evidence, including expert witness reports, photographs, and documents.
5. Hearing. The tribunal hears evidence from both parties and makes a determination.

Understanding these stages helps you plan your preparation and ensures you meet all deadlines. Missing a deadline can result in evidence being excluded or your case being adjourned.

Gather Your Evidence Early

The strength of your case depends on the quality of your evidence. Start gathering evidence as soon as you identify a problem with the building work, and do not wait until you have lodged your tribunal application.

Documents to collect include:

• Your building contract, including all schedules, specifications, and plans
• All variations (written and verbal) with any supporting correspondence
• Invoices and payment records showing what you have paid and when
• All written communications with the builder, including emails, text messages, and letters
• Photographs and videos of defective work, taken with dates recorded
• Any inspection reports you have already obtained
• Council approvals, building permits, and compliance certificates
• Warranty documents and insurance certificates

Photographs are particularly important. Take clear, well-lit photos of every defect from multiple angles. Include a reference object such as a ruler or coin to show scale. Record the date each photo was taken, and keep the original files rather than just screenshots.

Get an Expert Witness Report

An expert witness report is one of the most important pieces of evidence you can present at a tribunal hearing. Tribunals deal with technical building matters, and an independent expert can explain the issues in a way that helps the tribunal member make an informed decision.

A strong expert witness report should:

• Identify every defect with reference to the relevant Australian Standard or National Construction Code requirement
• Explain why the work is defective and what caused the problem
• Include detailed photographic evidence of each defect
• Provide an estimated cost of rectification for each item
• Be structured in a format that supports a Scott Schedule if required by the tribunal
• Include a declaration of the expert's independence and duty to the tribunal

Engage your expert witness early enough to allow time for a thorough inspection and report preparation. Most expert witness reports take two to six weeks to complete. If you wait until the last minute, the report may be rushed or you may miss the tribunal's deadline for filing expert evidence.

For more detail on what separates a good expert report from a weak one, read our article on what makes a strong expert witness report.

Organise Your Documents

Tribunals expect evidence to be presented in an organised, logical manner. A well-organised evidence bundle makes a strong impression and helps the tribunal member follow your case.

How to organise your evidence:

• Use a ring binder or folder with numbered tabs and a table of contents
• Group documents by category: contract documents, correspondence, photographs, expert reports, and financial records
• Number every page sequentially so you can refer to specific pages during the hearing
• Prepare at least three copies: one for yourself, one for the tribunal, and one for the other party
• Create a chronology of events listing key dates, communications, and milestones

A clear chronology is especially useful. It helps you tell the story of what happened in a logical order and ensures the tribunal member can follow the sequence of events.

Prepare for Mediation or Conciliation

Before your matter reaches a hearing, you will almost certainly go through a mediation or conciliation process. In NSW, NCAT typically schedules mediation early in the proceedings. In Victoria, DBDRV conciliation is generally required before you can lodge at VCAT.

Mediation is your opportunity to resolve the dispute without a formal hearing. Many building disputes settle at mediation when both parties have strong evidence and are willing to negotiate in good faith.

To prepare for mediation:

• Know your bottom line and what outcome you would accept
• Bring your expert witness report if you have one, as it strengthens your negotiating position
• Be prepared to listen to the other side and consider compromises
• Bring all relevant documents in case you need to reference them

If mediation does not result in a settlement, the matter will proceed to a hearing. Nothing you say during mediation can be used against you at the hearing, so you can negotiate freely.

What to Expect at the Hearing

If your matter proceeds to a hearing, knowing what to expect will help you feel more confident and present your case more effectively.

Before the hearing:

Arrive early and dress neatly. Bring your organised evidence bundle, your expert witness report, and any notes you want to refer to. The tribunal member may ask you to sit at a table facing them, with the other party sitting at a separate table.

During the hearing:

The tribunal member will explain the procedure at the start. Typically, the person who brought the claim (the applicant) presents their case first. You will explain what happened, refer to your evidence, and call any witnesses, including your expert witness if they are attending.

The other party then has the opportunity to ask you questions (cross-examination). After that, the respondent presents their case, and you have the opportunity to ask them questions.

Key tips for the hearing:

• Speak clearly and address the tribunal member directly
• Stick to the facts and avoid emotional arguments
• Refer to specific page numbers in your evidence bundle when making a point
• Answer questions honestly and concisely, and say "I don't know" if you genuinely do not know the answer
• Do not interrupt the other party when they are speaking

The tribunal member may ask questions of both parties and any expert witnesses. After hearing all the evidence, the member will either make a decision on the day or reserve their decision and provide it in writing at a later date.

Typical Timelines

Understanding the typical timelines helps you plan your preparation and manage your expectations.

These timelines are approximate and vary depending on the tribunal's workload, the complexity of the matter, and whether adjournments are granted. Expert witness reports should be commissioned as soon as possible after filing, because the tribunal will set a deadline for exchanging expert evidence.

Common Mistakes to Avoid

• Waiting too long to gather evidence, leading to lost documents or faded memories
• Using a routine inspection report instead of a proper expert witness report
• Failing to meet tribunal deadlines for filing evidence
• Presenting disorganised evidence that the tribunal member cannot follow
• Focusing on emotions rather than facts during the hearing
• Not attending mediation with a genuine willingness to negotiate
• Underestimating the time needed to prepare an expert witness report

Frequently Asked Questions

For a complete overview, see our guide to expert witness reports for building disputes.