How to Use Expert Reports in NCAT Building Disputes

Building disputes are stressful, costly, and time-consuming. Whether you’re a homeowner dealing with defects, a builder facing claims, or a legal professional preparing for NCAT, one thing is clear: expert evidence often makes or breaks a case.

At OwnerDeveloper, we’ve seen this first-hand. For over 25 years, our team has supported property owners, builders, and developers with Expert Witness Reports that cut through confusion and help achieve fair outcomes.

What Is an Expert Witness Report in NCAT?

An Expert Witness Report is a detailed, independent document prepared by a qualified professional. In NCAT building disputes, it provides the Tribunal with technical evidence about construction defects, compliance, workmanship, or project delays.

Unlike general evidence or personal opinions, expert reports:

• Reference the National Construction Code, the Home Building Act 1989 (NSW), and relevant Australian Standards.

• Translate technical building issues into clear, unbiased findings.

• Give NCAT the factual foundation it needs to make a fair decision.

Why Are Expert Reports So Important in NCAT?

In construction disputes, both sides may argue their case strongly—but NCAT relies on facts, not emotions. Expert reports are critical because they:

• Clarify technical matters: From waterproofing failures to structural issues, reports explain what went wrong and why.

• Support compliance with NCAT rules: Under Procedural Direction 3 (2024 update), experts must meet strict standards, including impartiality and clear methodology.

• Provide credible evidence: A well-prepared report carries significant weight and often influences the Tribunal’s final decision.

Without expert evidence, claims risk being dismissed or weakened because the Tribunal lacks the technical basis to rule in your favour.

When Should You Engage an Expert Witness?

You should consider obtaining an expert report if your dispute involves:

• Defective or incomplete building work

• Disagreements over compliance with the National Construction Code

• Claims exceeding $30,000 under the Home Building Act

• Work orders for rectification, demolition, or repair

• Delays, variations, or workmanship disputes

By engaging an expert early, you strengthen your case and may even avoid a full hearing—many disputes settle once clear, independent evidence is presented.

OwnerDeveloper’s Approach to Expert Witness Reports

At OwnerDeveloper, we prepare reports that are court-compliant, impartial, and detailed. Here’s how we work:

1. Site Inspection – Our senior consultants conduct thorough inspections, take photographs, and record all evidence.

2. Technical Analysis – We review all relevant codes, contracts, and documentation.

3. Clear Reporting – We prepare a structured report that meets NCAT requirements and can withstand cross-examination.

4. Support in Hearings – Our experts are available to provide testimony if required, ensuring continuity and professionalism.

We don’t take sides—we stand for the facts, giving NCAT the clarity it needs to resolve disputes fairly.

The Updated NCAT Code of Conduct: What You Need to Know

Since September 2024, NCAT has tightened requirements for expert evidence. Reports must now include:

• Confirmation that the expert has read and complies with the Expert Code of Conduct.

• Disclosure of any relationships or potential conflicts of interest.

• A clear explanation of findings, supporting evidence, and qualifications.

• Cost assessments for rectification, where relevant.

Failing to comply with these rules can mean your evidence carries little or no weight. That’s why choosing experienced professionals is critical.

Protect Your Project with OwnerDeveloper

If you’re facing a building dispute, don’t leave your case to chance. A strong, impartial Expert Witness Report can be the difference between success and costly failure at NCAT.

With more than 25 years of industry experience and hundreds of projects behind us, OwnerDeveloper provides the expertise, independence, and credibility you need.

👉 Book a free consultation with our team today and take the first step towards protecting your project with confidence.