What the NSW Civil and Administrative Tribunal (NCAT) does
NCAT was established on 1 January 2014 under the Civil and Administrative Tribunal Act 2013 (NSW), bringing together more than 20 former tribunals into a single body. It resolves civil disputes between individuals, businesses and government, and reviews administrative decisions made by NSW government agencies. The Tribunal is generally less formal and lower-cost than a court, and in many matters parties represent themselves (you usually need the Tribunal's leave, or permission, to have a lawyer appear for you). NCAT works through four Divisions plus an Appeal Panel: Consumer and Commercial; Administrative and Equal Opportunity; Guardianship; and Occupational.
What it hears
- Tenancy disputes between landlords and tenants (private and social housing), and residential, retail and strata matters (Consumer and Commercial Division)
- Consumer claims and disputes over goods, services, building work and motor vehicles
- Review of administrative decisions made by NSW government agencies (Administrative and Equal Opportunity Division)
- Anti-discrimination and equal opportunity complaints
- Guardianship and financial management applications for adults with a decision-making disability (Guardianship Division)
- Occupational and professional licensing or registration disputes and disciplinary matters (Occupational Division)
- Strata and community scheme disputes, and dividing fences disputes
- Appeals from NCAT decisions, heard by the NCAT Appeal Panel
Before your first court date
A matter starts when someone lodges an application with the relevant Division and pays the applicable fee. You can apply online, by post or in person, and concession rates are available for eligible applicants. NCAT then notifies the parties and issues a Notice of Hearing setting out the date, time and location of the first listing. Before that date, read the Notice of Hearing carefully, gather all your documents and evidence, and check whether the Tribunal has asked you to do anything specific (such as filing material in advance). If you cannot attend on the listed date, contact the registry as early as possible to ask about your options.
What happens at your first appearance
For many Consumer and Commercial matters, the first listing is a group listing or a directions and conciliation session rather than a full hearing. Parties are first encouraged to try to settle by conciliation, and if you reach agreement the Tribunal can make consent orders on the day. If the matter does not settle, the Tribunal will either hear it that day or make directions, for example to file and exchange evidence and documents, and set it down for a later hearing. Hearings are usually open to the public and relatively informal. Bring all your evidence, documents and any witnesses, arrive early, and be ready to explain your side clearly. If you want a lawyer to appear for you, remember that legal representation often requires the Tribunal's leave (permission).
What to prepare
- Your Notice of Hearing and your application (or response), plus any reference or file number
- All documents that support your case, such as contracts, leases, quotes, invoices, photos, emails and text messages
- A short, clear summary of what happened and the outcome or orders you are asking the Tribunal to make
- Copies of your documents for the Tribunal Member and for the other party, organised in date order
- Details of any witnesses, and arrangements for them to attend if their evidence is important
- Any evidence of amounts in dispute, and details of any concession entitlement if you are seeking a reduced fee
When to get legal advice
The information here is general legal information, not legal advice about your situation. NCAT covers very different areas of law, and the right approach can depend heavily on your facts, the Division involved and any deadlines that apply. It is worth getting advice from an admitted Australian lawyer if money or property of real value is at stake, if your matter involves guardianship or financial management, professional discipline, or discrimination, if the other side has legal representation, or if you are thinking about appealing an NCAT decision (internal appeals to the Appeal Panel generally must be lodged within 28 days, and some matters have a shorter limit). A lawyer can explain your rights and options and help you prepare. Through Legal Hotline you can get free legal information at any time, and you can book a fixed-fee consultation with an admitted Australian lawyer if you want advice specific to your circumstances.
Where it is
NCAT does not have a single Sydney registry; different Divisions are based in different buildings in the Sydney CBD. The Administrative and Equal Opportunity Division and the Occupational Division are at John Maddison Tower, 86-90 Goulburn Street, Sydney NSW; the Guardianship Division is also in John Maddison Tower; and the Consumer and Commercial Division is at Civic Tower, 66 Goulburn Street, Sydney NSW. General enquiries: 1300 006 228 (office hours, Monday to Friday). NCAT also hears matters at venues across NSW, so always check your Notice of Hearing for the exact location of your listing. These buildings are in the Sydney CBD and are well served by public transport, with Museum Station nearby.
Frequently asked questions
What kinds of disputes can NCAT decide?
NCAT hears a wide range of civil matters, including tenancy disputes, consumer claims about goods, services, building work and motor vehicles, strata and dividing fences disputes, guardianship and financial management applications, anti-discrimination complaints, occupational and professional licensing matters, and reviews of decisions made by NSW government agencies. These are organised across four Divisions plus an Appeal Panel.
How do I start a case at NCAT?
You start by lodging an application with the relevant Division and paying the applicable fee. You can apply online, by post or in person, and concession rates are available for eligible applicants. NCAT then notifies the parties and issues a Notice of Hearing with the date, time and location of the first listing.
Can I have a lawyer represent me at NCAT?
NCAT is designed so that people can represent themselves, and in many matters that is what happens. Legal representation often requires the Tribunal's leave, meaning you need the Tribunal's permission for a lawyer to appear for you. You can still get legal advice to prepare, even if you present the case yourself.
What happens at the first listing?
For many Consumer and Commercial matters, the first listing is a group listing or a conciliation and directions session rather than a full hearing. Parties are encouraged to try to settle first, and if you agree, the Tribunal can make consent orders on the day. If the matter does not settle, it may be heard that day or set down for a later hearing with directions to file and exchange evidence.
How much does it cost to lodge at NCAT?
Application fees vary depending on the Division and the type of matter, and reduced concession rates apply to eligible applicants. NCAT aims to be lower-cost than going to court. Check the current fees and any concession eligibility on the official NCAT website before you lodge.
Can I appeal an NCAT decision?
Many NCAT decisions can be internally appealed to the NCAT Appeal Panel, generally within 28 days (some matters, such as certain residential proceedings, have a shorter limit). Some decisions may instead be appealed to a court, and the right to appeal can depend on the type of matter. Because the time limit is short and the rules differ by matter, it is wise to get advice promptly if you are considering an appeal.
Do I have to attend in person?
Your Notice of Hearing tells you the date, time and location of your listing. NCAT hears matters at venues across NSW, and depending on the matter, hearings may be held in person or by phone or video. If you cannot attend on the listed date or need alternative arrangements, contact the registry as early as possible.
What should I bring to my hearing?
Bring your Notice of Hearing, your application or response, and all documents and evidence that support your case, such as contracts, leases, quotes, invoices, photos and messages. Organise them in date order with copies for the Tribunal Member and the other party, and arrange for any important witnesses to attend. Arrive early and be ready to explain your side clearly.