Confront NCAT’s complexities head-on with this focused program, crafted to address common concerns and pitfalls. Wondering if NCAT is the right forum? Gain clarity on when to opt in, tackle jurisdictional challenges, and learn effective techniques for handling and challenging evidence. Sharpen your advocacy skills to present a strong case with a competitive edge. And if an appeal is necessary, discover how to build a compelling argument. This seminar equips you with the strategies and insights needed to navigate NCAT’s obstacles and achieve the best possible outcomes.
Mark Robinson SC, Barrister, Macquarie Street Chambers
- Instigating and responding to proceedings in NCAT
- Writing submissions for NCAT: practical tips
Presented by Jason Polese, Barrister, Clarence Chambers
- Applying to NCAT and commencing an appeal to the Appeal Panel
- Parties and representation
- Preparing evidence, including expert evidence
- Applying for non-publication or non-disclosure orders
- Summonses
- Adjournments
- Costs
Presented by Dr Juliet Lucy, Barrister, Maurice Byers Chambers and Senior Member, NCAT; Co-author, NCAT Practice and Procedure, 2nd edition, 2020, Thomson Reuters
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is based on NSW legislation
- Tips for effective preparation, presenting cases confidently, and managing client expectations
- Ethical obligations to consider
- Appearing against self-represented parties, obligations and best practice
- Oral addresses: clarity, brevity and focus on key points and the use of plain language and adjusting for tribunal members’ perspectives
- Handling evidence and questioning effectively
- Observing decorum and respect for tribunal procedures
- Common mistakes in NCAT advocacy and strategies to avoid them
Presented by Paul Folino-Gallo, Barrister, Third Floor Wentworth Chambers
- Appeal process
- Leave to appeal
- Errors of law and of fact
Presented by Mark Isaac, Barrister, Tenth Floor St James Hall Chambers
Presenters
Mark Robinson SC, Macquarie Street Chambers
Mark Robinson is a Senior Counsel based in Sydney practising in administrative law and general law. He was a founding part-time Judicial Member of the Administrative Decisions Tribunal of New South Wales in the General Division - hearing matters on privacy and freedom of information. He served on that tribunal and its Appeal Panel for seven years. For sixteen years, Mark was an occasional part-time lecturer in undergraduate ‘Administrative Law’ in the Law Faculties of the University of Sydney and the University of New South Wales. For twenty six years, Mark acted as the lead author and editor of New South Wales Administrative Law, a two volume looseleaf service, published by Thomson Reuters (since 1996) which covers Supreme Court judicial review, the NSW Civil and Administrative Tribunal (NCAT), statutory interpretation, freedom of information and privacy. Mark has authored and edited three legal texts (each published by Thomson Reuters): Judicial Review: The Laws of Australia published in 2014, with an encyclopaedic coverage of judicial review Australia wide; NCAT - Practice and Procedure, 2nd ed, published in 2020; and Administrative Law: The Laws of Australia, published in 2017. It concerns State and Federal tribunals and it also covers the Ombudsmen and freedom of information around Australia.
Dr Juliet Lucy, Barrister, Maurice Byers Chambers and Senior Member, NCAT
Juliet Lucy is a barrister at Maurice Byers Chambers in Sydney. She has a general practice with a strong focus on public law. Juliet appears regularly in the Supreme Court and Federal Court in judicial review proceedings, high risk offender matters and family provision disputes. In addition to her work at the bar, Juliet is a Senior Member of the NSW Civil and Administrative Tribunal, assigned to the Appeal Panel and the Administrative and Equal Opportunity, Occupational and Consumer and Commercial Divisions of the Tribunal. Prior to coming to the bar, Juliet was a senior solicitor at the NSW Crown Solicitor’s Office. Juliet has also worked as a legal academic at Western Sydney University and Macquarie University. She regularly gives papers on topics including procedural fairness and the grounds of judicial review and published, with Mark Robinson SC, NCAT - Practice and Procedure, 2nd edition, 2020.
Mark Isaac, Barrister, Tenth Floor St James Hall Chambers
Mark was admitted to the NSW Bar in May 2021. Prior to coming to the Bar, he obtained his degree in Bachelor of Laws at the University of Auckland and was admitted to the High Court of New Zealand in 2014. Mark appears regularly in the NSW Civil and Administrative Tribunal, Local, District and Supreme Courts. Mark’s practice is primarily focused on strata disputes, residential building disputes, and real property disputes.
Paul Folino-Gallo, Barrister, Third Floor Wentworth Chambers
Paul is a specialist trial and appellate advocate appearing in courts and tribunals across both state and federal jurisdictions. Paul has appeared for, and provided specialist advice, to statutory bodies, publicly listed companies, private companies, partnerships and individuals. Paul’s focus is on providing advice on complex matters in a clear and concise manner. He is known for robust advocacy that is tempered with, and often guided by, sound business acumen and an awareness of the commercial need for efficiency in litigation.
Jason Polese, Barrister, Clarence Chambers
Jason practises in general commercial litigation, with a keen interest in consumer law, property and employment. Jason has appeared and been involved in all NSW civil jurisdictions, including the NCAT, Local Court, District Court, Supreme and Federal Courts, on a wide variety of matters including, business and commercial disputes, corporate litigation including statutory demands and winding up, bankruptcy, partnership matters, employment, equity and trust matters, and debt recovery. Prior to being called to the Bar, Jason worked as a solicitor in small firms, with a hands-on approach to clients. Previous to being admitted as a Lawyer, Jason was a hospitality Guru, managing employees and businesses for large restaurant groups, international hotels and running businesses of his own. As a Lawyer, Jason has brought this business “know-how” to assist commercial clients with his insight and understanding of the business and hospitality domain. His main areas are commercial and corporate litigation, property, insolvency and bankruptcy, building and construction and employment.