Can a NSW trade business use NCAT for unpaid work?

What the NCAT page covers

NCAT says it can hear and decide an issue or dispute about residential building work in NSW, through its Consumer and Commercial Division. The orders it lists include payment for home building work or services, incomplete or defective work, supply of specialised work, damage to other structures and insurance claim appeals.

The page is about residential building work. It does not describe general business-to-business debt recovery, so check whether your job fits before you rely on it.

Sources[1]

The Fair Trading step and its exemptions

NCAT says all home building disputes must first be referred to NSW Fair Trading, and you must attach evidence of the investigation unless your matter is exempt. The current list of exempt matters includes recovery of a debt by a contractor, a cross-claim to an existing NCAT matter, claims where the time for lodging is due to expire within 3 months, claims involving unlicensed contractors and claims against companies that have been de-registered or gone into administration, liquidation or bankruptcy.

Do not assume the Fair Trading step always applies, and do not assume an exemption applies to you without checking the current page.

Sources[1]

Other states, limits and time limits

If the parties live in different Australian states, check NCAT's federal jurisdiction guidance. Confirm the monetary jurisdiction and the time limit for the particular orders under the Home Building Act 1989 before lodging; the deadline depends on the kind of claim.

Sources[1]

Evidence pack you can copy

NCAT lists the evidence it considers relevant, including correspondence or a rectification order from Fair Trading, the building contract, certificate of insurance, building reports and contractor licence details. It also says to use the other party's correct name or legal entity and address for service, and to attach an ASIC register search if the other party is a business or company. Wrong details can cause delays or unenforceable orders.

The pack below is our recommended checklist.

NCAT EVIDENCE PACK
Your entity and licence: [business name, ABN, licence number and class]
Other party's legal entity and address for service: [from ASIC search or other check, saved at]
Scope of work: [description, site address, dates]
Contract or quote: [saved at]
Variations agreed in writing: [list]
Invoices: [numbers, dates, amounts]
Payments received: [dates and amounts]
Service of invoices and reminders: [dates and methods]
Response from the other party: [summary or none]
Total claimed: $[amount] (invoices less payments)
Fair Trading step: [referred / exempt because ...]
Time limit checked against the Home Building Act: [date and by whom]

Sources[1]

Common questions

What can I do if my invoice isn't paid?

For a NSW residential building job, NCAT's home building page lists payment for home building work or services among the orders it can make, and lists recovery of a debt by a contractor as exempt from the Fair Trading investigation step. For other kinds of jobs or other states, a different route may apply, so check the scope first.[1]