CPPREP4503 - Conciliation Case Statement (Template) v1.0
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Academy of Real Estate *
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Course
CPPREP4503
Subject
Law
Date
Feb 20, 2024
Type
docx
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5
Uploaded by CoachMoon13598
CPPREP4503 - Present at hearings in real estate (Release 1)
Tribunal Application Project #1 – Conciliation Case Statement
Conciliation Case Statement
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© Real Estate Academy Australia
Version 1.0 – January 2021
RTO 32426
CPPREP4503 - Present at hearings in real estate (Release 1)
Tribunal Application Project #1 – Conciliation Case Statement
Conciliation is an informal meeting where parties attempt to settle the dispute before the
hearing can take place.
Conciliation is an alternative dispute resolution process where the people in dispute talk
about their issues in an informal, private meeting with the aim of reaching an agreement.
NCAT’s conciliation process is closely linked to the hearing process, rather than as a
separate step of dispute resolution. Parties are asked to attempt conciliation before the
hearing can take place.
In this project you are required to prepare a case statement for a conciliator.
What you will need;
●
Scenario Instructions – CPPREP4503 - Assessment task [1]
●
Case Statement template (in this document)
What you need to Submit:
●
Your Completed Conciliation Case Statement for the conciliator
How to Submit your Assessment:
Upload your completed Tribunal Application Form into the online assessment task named
CPPREP4503 – Tribunal Application Project #1 Case Statement Assessment Task [3] in
your learner portal. Click on “finish attempt” to submit it for grading.
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© Real Estate Academy Australia
Version 1.0 – January 2021
RTO 32426
CPPREP4503 - Present at hearings in real estate (Release 1)
Tribunal Application Project #1 – Conciliation Case Statement
For this assessment, you will need to use the Case Statement Template on the following
pages and the scenario information provided in CPPREP4503 – Tribunal Application Form
[1]
from the previous section.
Abby and Jamilah have agreed to participate in a Conciliation Hearing to attempt to resolve the dispute.
Prepare a case statement for the conciliator. Page | 3
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© Real Estate Academy Australia
Version 1.0 – January 2021
RTO 32426
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CPPREP4503 - Present at hearings in real estate (Release 1)
Tribunal Application Project #1 – Conciliation Case Statement
1. Summary of the Case
Abby and Jamilah have been tenants at 2 Norman Avenue, Sunshine for three years.
On the 20th of January this year, the tenants sent a notice to vacate with the 22nd of February being their last day. The rent is paid up until the 15th of February.
On the 15th of February, Abby dropped off the keys to the agency office and let the receptionist know that they had vacated one week early.
Upon our exit condition report, we noticed multiple issues with the property. The first was the timber floorboards, that have deep indents and scratches throughout. The second was the carpets were not steam cleaned as is required by our lease agreement signed by the tenants. The third was the front lawn was overgrow and had not been maintained throughout the tenancy as is also required as per our lease agreement. The final issue was the boxes of rubbish left in the backyard.
On the 16th of February, post the exit condition report, I emailed the tenants raising these issues along with requesting the extra one week payment of rent, as per the notice to vacate served on us by the tenants.
Jamilah replied and let me know that she had moved out 2 months prior and as such is not liable for any damages, gardens or rubbish left behind. I have still not heard back from Abby.
I have obtained three quotes from various tradespeople and am seeking a decision
to be made upon who will pay these.
Quotes:
Sand and polish floorboards: $1250
Steam clean carpets: $350
Mow lawn and remove rubbish: $120.
2. Purpose and Role of Conciliation Process
The purpose of the conciliation process is to assist the agency and landlord in coming to an agreement with Abby and Jamilah about the damages they have caused on the property.
3. Desired Remedies
Item No.
Description
Cost
1
Sand and polish floorboards
1250$ 2
Steam clean carpets
350$ 3
Mow lawn and remove rubbish
120$ 4
One weeks rental
365$ $ $ $ Total Compensation:
2085$ Page | 4
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© Real Estate Academy Australia
Version 1.0 – January 2021
RTO 32426
CPPREP4503 - Present at hearings in real estate (Release 1)
Tribunal Application Project #1 – Conciliation Case Statement
4. Reference to relevant legislation
Residential Tenancies Act 1997 - Section 63
5. Summary of Evidence
-
Notice to Vacate
-
Notice of Rent Arrears
-
Rental Ledger
-
Images of Damage
-
Images of Rubbish
-
Images of Lawns
-
Entry Condition Report
-
Exit Condition Report
-
Routine Inspection Reports
6. Assess the Conciliation
Assess the offers of conciliation against the likely outcome of continuing with the hearing.
Conciliation can assist us in coming to an agreement were all parties benefit without needing to go to a tribunal hearing.
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© Real Estate Academy Australia
Version 1.0 – January 2021
RTO 32426