A Scott Schedule is a table, usually in spreadsheet form, that itemises each alleged defect or item in dispute and presents side-by-side the description, breach or breaches, rectification scope, and cost estimates of each party. When your building dispute reaches the NSW Civil and Administrative Tribunal (NCAT), the Tribunal may order the parties to prepare a Scott Schedule. This article explains what the NCAT Scott Schedule form looks like, when it is required, and how to complete it correctly.
What Is a NCAT Scott Schedule Form?
The NCAT Scott Schedule form for defective workmanship or material claims is a structured document with specific columns. The form includes columns for Item No., Contract, Applicant’s Comments, Applicant’s Estimate of Loss, Respondent’s Comments, Respondent’s Estimate of Loss, and Tribunal Member’s Comments. This format allows both parties and the Tribunal to see at a glance where positions align and where they differ on each individual defect or disputed item.
A Scott Schedule is not a pre-litigation document. It is a Tribunal-directed document used during NCAT proceedings after the matter has been listed. The form helps narrow the issues in dispute, clarifies costings, and makes hearings more efficient by providing a structured checklist for the Member.
When Does NCAT Require a Scott Schedule?
NCAT typically requires a Scott Schedule when there are multiple defects alleged in a building dispute. The Tribunal is also likely to order one when each party relies on its own expert evidence, the case involves complex technical questions, or the Tribunal needs a structured way to compare competing positions. If your dispute has only one or two straightforward issues, the Member may decide a Scott Schedule is not necessary and the matter can proceed on the basis of the expert reports alone.
Understanding the NCAT Scott Schedule Columns
Before you start filling out the form, it helps to understand each column and its purpose. The official NCAT form for defective workmanship or material claims contains the following columns:
- Item No. – A sequential number for each alleged defect or item in dispute. This keeps the schedule organised and allows easy cross-referencing with the expert reports.
- Contract – Reference to the relevant section or clause of the building contract that applies to the item. This column links the defect to the contractual obligation.
- Applicant’s Comments – The Applicant’s expert describes the alleged defect, why it is a breach of the contract or applicable standards, and what rectification is needed.
- Applicant’s Estimate of Loss – The Applicant’s expert provides a cost estimate for rectifying the item. This should be a reasonable figure supported by the expert’s analysis.
- Respondent’s Comments – The Respondent’s expert responds to each item, stating whether the defect is accepted, denied, or partially accepted. Reasons must be given for any disagreement.
- Respondent’s Estimate of Loss – If the Respondent agrees the item requires rectification, their expert provides their own cost estimate. If the item is denied, the estimate may be left blank or marked as “$0”.
- Tribunal Member’s Comments – This column is used by the NCAT Member during the hearing to record findings, orders, or observations. Parties do not fill this column.
How to Complete the Scott Schedule Form Step by Step
Step 1: The Applicant’s Expert Prepares the Initial Schedule
The Applicant’s expert is responsible for preparing the initial Scott Schedule. Starting with the NCAT form, the expert lists each alleged defect or item in dispute, assigns an Item No., references the relevant contract clause, and writes their comments describing the defect and the required rectification. A cost estimate is then inserted in the Applicant’s Estimate of Loss column. The initial schedule should be comprehensive, covering all items the Applicant intends to rely on at the hearing.
Step 2: The Respondent’s Expert Replies
The Respondent’s expert receives the Applicant’s completed schedule and populates their side. For each item, the expert either accepts the defect, denies it, or partially accepts it. The comments column must explain the basis for the position, and if a rectification cost is accepted or proposed as different, an estimate is inserted in the Respondent’s Estimate of Loss column. This process ensures that both parties’ positions are clearly recorded side by side before any further steps.
Step 3: Expert Conclave
After both sides have completed their columns, the experts attend a conclave. This is a meeting of the experts only; parties and lawyers are not present. During the conclave, the experts discuss each item in the Scott Schedule, identify where they agree and where they disagree, and attempt to resolve differences where possible. The conclave is a critical step because it narrows the issues for the Tribunal and can lead to agreement on many items before the hearing.
Step 4: Joint Report in Scott Schedule Format
Following the conclave, the Tribunal may require the experts to produce a joint report in Scott Schedule format. This joint report shows where the experts agree, where they disagree, and their reasons for any disagreement. The joint report becomes a key document at the hearing, as the Member can focus on the items that remain in dispute rather than re-litigating agreed matters.
Scott Schedule Forms in Other Jurisdictions
While this article focuses on the NCAT Scott Schedule form, other Australian jurisdictions use similar forms with slightly different column headings and contexts. In NSW court proceedings, the Uniform Civil Procedure Rules (UCPR) include Form 13, which is a Scott Schedule form for use in the District Court and Supreme Court. The Australian Capital Territory has Form 2.14 under the Court Procedures Rules 2006. Although the structure is broadly similar, you should always use the form prescribed by the specific jurisdiction or Tribunal in which your matter is listed. The column headings and usage context may differ, and using the wrong form could delay proceedings.
Frequently Asked Questions
Do I have to fill in the Tribunal Member’s Comments column?
No. The Tribunal Member’s Comments column is reserved for the NCAT Member to record findings or observations during the hearing. Parties and their experts should leave this column blank. Attempting to fill it in may create confusion and is not permitted.
What happens if the Respondent does not provide their side of the Scott Schedule?
If the Respondent fails to complete their columns within the Tribunal’s directions, the Member may draw adverse inferences against the Respondent or may proceed on the basis that the Respondent does not dispute the Applicant’s position. It is important to comply with directions to avoid procedural disadvantage.
Can a Scott Schedule be used before a matter reaches NCAT?
A Scott Schedule is a Tribunal-directed document used during NCAT proceedings. It is not used for pre-litigation purposes such as negotiation or mediation before a case is filed. Once the matter is before NCAT and the Tribunal orders a Scott Schedule, the parties must prepare it according to the prescribed form and directions.
Is the NCAT Scott Schedule form the same as the UCPR Form 13?
No. The NCAT Scott Schedule form for building disputes has its own column structure tailored to the Tribunal’s needs, including columns for Contract, Applicant’s Comments and Estimate, Respondent’s Comments and Estimate, and Tribunal Member’s Comments. UCPR Form 13 is used in NSW court proceedings and has a different layout. You should use the form that matches your jurisdiction and the directions given by the Tribunal or court.
Completing a Scott Schedule form for NCAT requires careful attention to detail and a clear understanding of each column’s purpose. By following the step-by-step process outlined above, and ensuring your expert participates fully in the conclave and joint report process, you can help the Tribunal resolve your building dispute more efficiently and with greater clarity on the issues that truly need a decision.
