What Happens If You Don’t Respond to an NCAT Application in New South Wales

For a consumer claim in NCAT’s Consumer and Commercial Division there is no response form and no response deadline to miss. NCAT sends you a notice of listing, and the real risk is not turning up: NCAT’s page for respondents says that if you do nothing and do not attend, NCAT will probably hear the application in your absence, and enforceable orders may be made against you.

For the forms, fees and each step, see our guide to making an NCAT application.

If that has already happened, you can apply to have the decision set aside, but the application must be lodged within 7 days after the decision was made. This guide covers what NCAT sends you, what happens if you stay silent, and how the set-aside process works in New South Wales.

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

Not for a consumer claim. NCAT’s page for respondents in the Consumer and Commercial Division describes no response form and no response deadline (NCAT: how to respond to a case, last updated 28 January 2025). What you have instead is a date: the listing date on your notice, plus any instructions or directions that come with it. If the notice asks you to provide documents by a particular date, that date is your deadline.

NCAT’s respondent page also does not describe a “default judgment” process for these cases. What it describes is the Tribunal hearing the application without you. The practical result can be the same: orders you had no part in shaping.

What will NCAT send you?

• A copy of the application. NCAT says either NCAT or the applicant will send you the application and any attached documents. It sets out the orders the applicant wants and why.
• A notice of listing. Depending on the type of application, NCAT says it may be for conciliation and hearing, mediation, conciliation, case conference and hearing, a directions hearing or a final hearing.

Consumer claims are first listed for conciliation and hearing, and a case not resolved on that day may be listed for a contested hearing later (NCAT: consumer claims, last updated 2 January 2026). So the first date can be the day your case is decided. Prepare for it that way.

What happens if you do not attend?

NCAT’s respondent page lists three options: settle, go to the hearing, or do nothing. On the last one it says NCAT “will probably hear the application in your absence”. The Tribunal will then have only the applicant’s account and documents to work from, and any orders it makes are enforceable against you.

If the orders are for money and you do not pay, the applicant can ask NCAT for a certified copy of the money order, which can be registered as a judgment of the Local Court, or the District Court for larger amounts, for enforcement action (NCAT: enforce a money order). NCAT says a certified copy can be requested at any time after the order is made.

What should you do instead of nothing?

• Settle. NCAT suggests contacting the applicant before the hearing day. If you settle, ask the applicant to withdraw the application so you do not need to attend. You may also be asked to try to reach agreement through conciliation on the day.
• Go to the hearing. If you disagree with the application, organise your documents and attend. NCAT says you will be given the opportunity to present your documents and give your version of events.
• Consider a cross-claim. NCAT says you may be able to lodge a cross-claim depending on the type of case, and that it should be done quickly so the applications can be heard together.

Our guide on how to defend an NCAT application walks through the preparation step by step, from reading the application to presenting your case.

Can you set aside an NCAT decision made while you were not there?

Yes, in limited circumstances. NCAT says you can apply to set aside (overturn) or vary a final decision if either:

• all parties agree that the decision should be set aside or varied; or
• you could not attend the hearing and your case was not adequately put to the Tribunal.

The key points from NCAT: set aside or vary decision (last updated 8 September 2022):

• Time limit: the application must be lodged within 7 days after the decision was made. You can ask for an extension of time in the application, but NCAT will not always agree.
• Form: NCAT’s “Application to set aside or vary Tribunal decision”, linked from that page.
• How it is decided: usually “on the papers”, without a hearing, so include as much information and supporting documentation as you can. NCAT may ask the other party for submissions first.
• If it is granted: NCAT issues new notices of hearing and the original application is dealt with as a fresh hearing. That does not mean you will win the next hearing.
• If it is refused: the original orders stay in full force. If a stay was granted with your application, it is lifted and the orders take effect immediately.
• Legislation: clause 9 of the Civil and Administrative Tribunal Regulation 2022.

The fee for a set-aside application is $133 standard, $266 for a corporation and $33 reduced, as at 1 July 2026 (NCAT: fees, last updated 26 June 2026).

Is a set-aside application the same as an appeal?

No. A set-aside application asks NCAT to reopen the case because, for example, you could not attend. An appeal challenges the decision itself. Internal appeals go to the NCAT Appeal Panel: an appeal on a question of law is available as of right, and an appeal on the merits needs the Appeal Panel’s leave. The general time limit is 28 days from when you are notified of the decision or given the reasons, whichever is later, or 14 days in residential proceedings. The Notice of Appeal must be posted or lodged in person at a registry, not online, and the fee is $540 standard, $1,080 for a corporation and $135 reduced, as at 1 July 2026 (NCAT: appeal an NCAT decision, last updated 12 June 2026).

Our guide on how to appeal an NCAT decision covers the appeal route in detail.

What to do today if you have received an NCAT application

• [ ] Find the notice of listing and write down the date, time and place, and what kind of listing it is
• [ ] Note any date in the notice or directions by which you must provide documents
• [ ] Read the application and mark what you agree with and what you dispute
• [ ] Gather your contracts, invoices, messages, photos and payment records in date order
• [ ] Decide whether to try to settle, and at what figure
• [ ] If orders were already made without you, note the date of the decision: the 7-day set-aside time limit runs from it

How Claim Done helps you respond

Claim Done’s Tribunal Response ($129) drafts your side of the case from your answers and the documents you describe: a position statement that responds to the applicant’s claims, a chronology and an evidence list. You read it, change what you need and approve it. You then provide it to NCAT and the applicant yourself, and you attend the conciliation and hearing. Claim Done does not lodge, file or serve anything for you.

Your evidence is different. NCAT Procedural Direction 7 says generative AI must not be used to generate the content of statements, affidavits or other evidence. Any witness statement, including a statement of why you could not attend, must be written in the witness’s own words.

Hearing coming up? The Hearing Bundle ($129) prepares your chronology, issues list, evidence index and hearing notes.

Frequently asked questions

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

No. NCAT’s page for respondents in the Consumer and Commercial Division describes no response form or response deadline. You receive a notice of listing and attend the conciliation and hearing. If the notice asks for documents by a date, follow it.

Can NCAT decide the case without me?

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

How long do I have to set aside an NCAT decision?

The application must be lodged within 7 days after the decision was made. You can ask for an extension of time in the application, but NCAT will not always agree.

What does a set-aside application cost?

$133 standard, $266 for a corporation and $33 reduced, as at 1 July 2026. NCAT also has a process to apply for a fee waiver.

If my set-aside application is granted, do I win?

No. NCAT says the original application is dealt with as a fresh hearing, and a successful set-aside does not mean you will succeed at that hearing. Prepare your evidence as you would have the first time.

Should I appeal instead?

They are different routes. A set-aside application is for a decision made when, for example, you could not attend and your case was not put. An appeal to the NCAT Appeal Panel challenges the decision itself, within 28 days (14 in residential proceedings).

Hearing close? Start a Hearing Bundle — $129.

Facts checked against NCAT’s pages on respondents, consumer claims, setting aside decisions, fees, enforcement and appeals on 27 September 2026. Claim Done is not a law firm and does not lodge, file or serve documents for you.