Defending a Tribunal Application in New South Wales: What to Do After You Are Served

You have been served with a tribunal application from the NSW Civil and Administrative Tribunal (NCAT). What you do in the first few weeks shapes how well you can put your side at the hearing.

This guide covers the exact steps to defend a tribunal application in New South Wales, the dates that matter, and what happens if you do not take part.

Is there a 28-day response window?

Not for a Consumer and Commercial Division case. NCAT’s page on how to respond to a case says either NCAT or the applicant will send you a copy of the application and any attached documents, and NCAT will send you a notice of listing. For a case in the Consumer and Commercial Division, it describes no response form and no response deadline. Depending on the type of application, the notice of listing may be for conciliation and hearing, mediation, a case conference, a directions hearing or a final hearing.

What you have instead is a date: the listing date on your notice, plus any directions that come with it. If the notice asks you to provide documents by a particular date, that date is your deadline.

What happens if you do nothing

NCAT’s respondent page says that if you do nothing and do not attend the hearing, NCAT will probably hear the application in your absence and enforceable orders may be made against you.

NCAT does not need to prove you were at fault. It only needs to be satisfied that the applicant has made out their case on the balance of probabilities. If you are not there to challenge their evidence, nobody puts your side.

Step 1: Read the application carefully (Day 1-3)

The application will set out:

• What the applicant is claiming (money, orders, specific performance)
• The legal basis for the claim (breach of contract, consumer law, residential tenancy dispute)
• The evidence they are relying on (invoices, photos, emails, contracts)
• The orders they are asking NCAT to make

Your job is to identify:

• What facts are disputed — which parts of their story are wrong or incomplete
• What law applies — consumer dispute, tenancy matter, building claim, strata issue
• What evidence you have — contracts, emails, photos, invoices, bank statements, witness statements
• Whether you have a defence — did you perform the work, was the product faulty, did they breach first

Do not assume the applicant has told the full story. NCAT applications are often one-sided. Your response is your chance to correct the record.

Step 2: Decide whether to seek conciliation (Day 3-7)

NCAT offers free conciliation for most Consumer and Commercial Division disputes. Conciliation is an informal process where a tribunal member helps both parties negotiate a settlement.

Conciliation is typically faster and cheaper than a hearing. Your notice of listing may already be for conciliation and hearing. If you are willing to negotiate, go ready to discuss settlement, and consider contacting the applicant before the hearing day.

Benefits of conciliation:

• No formal evidence rules — you can explain your position in plain language
• Confidential — what is said in conciliation cannot be used at the hearing
• Flexible outcomes — you can agree to payment plans, partial refunds, or non-monetary solutions
• Saves time — a settlement avoids the need for a contested hearing

You are not required to settle. If conciliation does not resolve the matter, the case proceeds to a hearing where a tribunal member will make binding orders.

When to skip conciliation:

• The applicant’s claim is entirely false and you have clear evidence proving it
• The amount is so small that negotiating is not worth your time
• You have already tried to settle and the applicant is being unreasonable

Step 3: Prepare your written response

NCAT’s respondent page for the Consumer and Commercial Division describes no response form. It says that if you do not agree with the application, it is in your best interest to organise your documents about the claim and then attend the hearing. A short written response helps you do that.

Your written response should include:

• Your full name and contact details
• Whether you dispute the claim (in whole or in part)
• The facts you rely on to defend the claim
• Any cross-claim you plan to lodge against the applicant (NCAT allows one only in some types of case)
• A list of documents you will rely on at the hearing
• Whether you are open to settlement

Be specific. Do not write “I dispute the claim” and leave it at that. Explain why:

• “The applicant claims I did not complete the work. I completed all work on 15 March 2024 as evidenced by the signed completion certificate and final invoice.”
• “The applicant claims the product was defective. The product was not defective. The applicant misused it by ignoring the care instructions, causing the damage.”
• “The applicant claims I owe $5,000. I paid $3,000 on 10 January 2024 by bank transfer. I dispute the remaining $2,000 because the applicant did not deliver the goods as agreed.”

Attach copies of key documents:

• Contracts or agreements
• Invoices and receipts
• Bank statements showing payment
• Emails or text messages
• Photos of the work or goods
• Expert reports (if relevant)

Do not attach everything you own. Attach only the documents that directly support your defence. NCAT members have limited time to read submissions. Make it easy for them.

Step 4: Provide your documents as your notice directs

Follow the instructions in your notice of listing and any directions NCAT gives. If the notice asks you to provide documents to NCAT or the applicant by a particular date, do it by that date and keep proof that you did.

Do it early. Do not leave it to the last day.

Step 5: Prepare for the hearing

Attend on the date in your notice of listing, ready for conciliation and the hearing if that is how your matter is listed.

Prepare your evidence. Bring three copies of every document to the hearing:

• One for the tribunal member
• One for the applicant
• One for yourself

Organise your documents in chronological order. Use tabs or dividers if you have more than 10 pages.

Prepare your oral submissions. You will have a chance to explain your case to the tribunal member. Practice a clear, chronological explanation:

1. What the dispute is about
2. What you agreed to do (or what the contract required)
3. What you actually did
4. Why the applicant’s claim is wrong
5. What orders you want NCAT to make

Bring witnesses if relevant. If someone saw the work being done, or can verify your version of events, ask them to attend the hearing. Witnesses give oral evidence and can be questioned by the other party.

What if you need more time?

If you cannot meet a date in your notice or NCAT’s directions, contact NCAT before the date passes and explain why. Do not assume more time will be given.

How Claim Done helps you defend a tribunal application in New South Wales

Claim Done’s Tribunal Response drafts your side of the case from your answers. You tell us what documents you have, answer a few questions, and our Programmatic Algorithms draft four separate A4 PDFs.

The service includes:

• A response summary
• A defence position statement
• A chronology
• An evidence list

It does not prepare NCAT forms, an evidence bundle, witness statements or a hearing script, and it does not lodge, file or serve anything for you. You attach your own evidence. Flat fee of $129. No subscription. Prepared in about 5 minutes.

Final checklist: First 28 days

• Day 1-3: Read the application and identify disputed facts
• Day 3-7: Decide whether you are open to settlement
• Day 7-21: Prepare your response and gather evidence
• By any date in your notice: Provide the documents NCAT asks for
• Before the listing date: Prepare for conciliation and hearing

If you do nothing and do not attend, NCAT will probably hear the application without you. Prepare your side and attend the hearing. If you have been served with an NCAT application and need your defence pack prepared fast, get started with Claim Done's Tribunal Response service.

Frequently Asked Questions

Is there a 28-day deadline to respond to an NCAT application?

Not for a Consumer and Commercial Division case. NCAT’s respondent page describes no response form or response deadline. You receive a notice of listing; if it asks for documents by a date, follow it. NCAT’s page also says that if you do nothing and do not attend the hearing, NCAT will probably hear the application in your absence and enforceable orders may be made against you.

Can I defend an NCAT claim without a lawyer?

Yes. Most people represent themselves at NCAT. The tribunal is designed to be accessible without legal representation. You prepare your documents, attend the hearing, and present your evidence and submissions directly to the tribunal member.

Should I agree to conciliation or go straight to a hearing?

Conciliation is faster, free, and confidential. If you are willing to negotiate, request conciliation. If the claim is entirely false or you have clear evidence disproving it, you may prefer to proceed directly to a hearing where the tribunal member makes binding orders.

What evidence do I need to defend a tribunal application in New South Wales?

Any documents that support your version of events: contracts, invoices, receipts, emails, text messages, photos, bank statements, or expert reports. Bring three copies to the hearing — one for the tribunal member, one for the applicant, and one for yourself.

Can I make a counterclaim at NCAT?

NCAT’s respondent page says you may be able to lodge a cross-claim, depending on the type of case, and that you should do it quickly. Check NCAT’s guidance for your case type before you rely on one.