What happens after I lodge my application with the BAB?
Once the BAB has received your application and you have served a copy to all other parties, we will assess your application form and supporting documents to ascertain whether we need any further information from you. We will send you an Acknowledgement Letter and provide you with your case number approximately two weeks from when you lodge the application.
How long does it take for a matter to be determined by the BAB?
We aim to list a matter for hearing within six weeks of us and any party involved receiving your fully completed application. We aim to issue a written determination within approximately six weeks following the date of the hearing.
These timeframes are subject to the complexity of the case, whether a directions hearing is required, compliance by the parties with orders issued by the BAB and the availability of the parties, their representative and witnesses to attend the hearing on the date allocated by the BAB. Most matters are resolved within 14-16 weeks.
Can I file documents with the BAB and serve documents on the other parties by email?
Yes, the BAB accepts and prefers documents filed by email. It is a matter for the other parties whether they accept service by email. Other parties can be served by email, if available, or alternatively via post sent to the registered address listed on a current title search. If you are filing large documents by emailing us a shared access link (Dropbox, Google drive, etc.) please ensure that a password is not required.
Do I need to be represented when filing an application with the BAB?
It is a matter for you if you wish to be represented. It is not a requirement to be represented if you are a party to a BAB proceeding. If you plan to be represented, please ensure all parties and the BAB have the correct details of your representative for service of documents and orders.
Can I get a transcript of a hearing?
Whilst we cannot provide a written transcript of the hearing, we may provide an audio-recording. You must complete the Audio Recording Request form under our Forms and Fees page section on the website and send this request to email@example.com.
The request is then considered by the Chairperson of the panel who heard the proceeding. If you intend to request an audio recording, please check with the case officer that the hearing will be recorded.
Where can I find BAB determinations?
BAB determinations made from 2018 onwards are published on Austlii. If you require a copy of a particular determination that is not on Austlii, please put your request in writing and include the case number or property address and email it to firstname.lastname@example.org
Can I get clarification on a determination I have received?
We cannot interpret determinations for you. If you require assistance with understanding the determination, you may wish to seek independent legal or professional advice.
Are you able to tell me which section to apply under?
We are not able to advise you which section to apply under. You may wish to seek independent advice or review part 10 of the Building Act 1993.
I am not able to attend my hearing. What do I do?
You may request for the hearing to be adjourned. You should make your request for an adjournment as early as possible. Clearly state the reasons for your request in writing and copy in all other parties to the proceeding. Do not assume the date has changed. Your hearing will go ahead as originally planned unless we contact you to confirm a new date and time.
Will the BAB serve my application on the other parties?
No, you must send copies of your application, supporting documents, and all subsequent correspondence to any other parties you have named on your application form. The BAB is not required to do this for you.
Can the BAB search for a certificate of title for me?
What does determine a case ‘on the papers’ mean?
The determination of a proceeding 'on the papers' is where the BAB makes a decision on your case based on the written submissions and evidence of the parties, without the need for a face-to-face or virtual hearing or the need for any party to attend. All parties will still have the opportunity to file submissions, supporting documents, and if appropriate, expert evidence.
What is a directions hearing?
The purpose of the directions hearing is to make directions for the future conduct of the proceeding. Although the BAB may hear and determine any legal issues raised, the substantive issues comprising the proceeding will not be heard on this day. The parties are not expected to bring witnesses as the hearing of any evidence will be listed for a later date. You can learn more about what to expect at a directions hearing by downloading this Practice Note.
I would like to withdraw my application. What do I do?
If you wish to withdraw your BAB application, you should put your request to withdraw in writing to email@example.com and copy in all other parties as early as possible to minimise costs and inconvenience.
Can I get a refund of my application fee?
You may request for a refund of your application fee in writing and email to firstname.lastname@example.org. Whether you receive a refund of your lodgement fee, and what percentage of your lodgement fee is refunded, is at the discretion of the Registrar; you are not automatically entitled to a full refund.