Building: Residential Home Building Dispute - Defective Work (Owner) - Claim Over $500,000 - Transfer to District or Supreme Court

This fork operates in the NSW District Court (claims up to ,000) or NSW Supreme Court (unlimited jurisdiction), depending on the total claim quantum. Full court procedures apply under the Evidence Act 1995 (NSW), including formal pleadings, discovery, and the requirement to brief counsel.

Written advice is given to the client on both options, and written instructions are obtained. If the client elects to transfer, the Promina warning is assessed first: if the claim exceeded ,000 at the time the NCAT application was originally filed, NCAT lacked jurisdiction from the outset and cannot make a valid transfer order. In that case, a Notice of Discontinuance is filed in NCAT and a fresh Statement of Claim is filed directly in the District or Supreme Court. If NCAT did have jurisdiction from the outset (the quantum was not known to exceed ,000 until expert costing was completed), a Transfer Application is filed under s 19 CATA supported by an expert affidavit. The Scott Schedule is reformatted as a formal court pleading schedule. Court case management directions are obtained.

Key legislation: Civil and Administrative Tribunal Act 2013 (NSW) s 19 (transfer of proceedings to court), s 34B (filing fee credit on transfer); Home Building Act 1989 (NSW) ss 18B and 18E (implied warranties and limitation periods apply equally in court); Evidence Act 1995 (NSW) (applies in full in both courts). Promina Design and Construction v the Owners Strata Plan No 97449 [2023] NSWCATAP 252: if the claim exceeded ,000 before the NCAT application was ever filed, NCAT lacked jurisdiction from the outset and cannot make a valid s 19 transfer order - the practitioner must discontinue the NCAT application and file a fresh Statement of Claim in court, meaning the limitation period clock kept running throughout the NCAT period. District Court filing: claims ,001 to ,000. Supreme Court filing: claims over ,000.

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