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NCAT helpful hints: Proof of authority to appear at hearing on behalf of an owner

30 October 2015

Having considered NCAT practice and procedure, REINSW is of the opinion that the following helpful hint is best practice when it comes to preparing for and appearing at NCAT hearings.

The general practice is that an agent must bring evidence of authority to appear. That is usually sufficient by the agent confirming orally that they have authority to appear at the hearing and that they are the appointed agent by virtue of a management agency agreement. A copy of the agreement is also usually requested by the Member as evidence of the appointment of the agent. There is no explicit practice requiring an agent to confirm that the owner is aware of the matter being heard and no explicit requirement for a separate letter of authority to be provided in addition to the management agency agreement.

However, on occasions a Member may ask for such evidence. This may arise where the management agency agreement is very old and does not, on its face, appear to confirm that the agent is currently managing the relevant property. In other cases there may be circumstances which cause the Member to require evidence from the owner confirming that the owner is in fact aware of the proceedings and has in fact authorised the agent to appear. These additional requirements may arise because of particular circumstances but they are not part of the general practice of NCAT.