How to Apply to NCAT for Unpaid Invoices: Complete Process

If a client or customer in New South Wales owes you money and refuses to pay, the NSW Civil and Administrative Tribunal (NCAT) offers a straightforward, low-cost way to recover debts up to $30,000. You do not need a lawyer or court proceedings.

This guide covers when NCAT is the right option, what to do before you apply, how to file, what happens at the hearing, and how to enforce the order if you win.

When NCAT is the right option

NCAT’s Consumer and Commercial Division handles:

• Unpaid invoices for goods or services delivered but not paid for
• Contract disputes involving breach of written or verbal agreements
• Debt recovery for money owed under loans, payment plans, or acknowledgments of debt
• Consumer claims for defective goods, poor workmanship, or misleading conduct

Jurisdictional limits:

• Maximum claim: $30,000
• Debtor must be in NSW or the contract must have been performed in NSW
• Claim must not involve defamation, personal injury, or employment disputes

If your claim exceeds $30,000, you need the Local Court or District Court. For complex legal questions or significant commercial value, consider getting advice from a qualified solicitor.

Step 1: Send a Letter of Demand

NCAT requires proof you tried to resolve the dispute before filing. The standard method is a formal Letter of Demand.

What to include:

• The amount owed and how it was calculated
• The goods or services you provided
• The date payment was due
• Reference to the contract, invoice, or agreement
• A clear deadline (typically 7–14 days)
• A statement that you will apply to NCAT if payment is not received

Send it by registered post or email with read receipt. Keep proof of delivery — NCAT will ask for this when you file.

Give the debtor at least 7 days to respond. If they ignore the letter or refuse to pay, you can proceed.

Step 2: Gather your evidence

NCAT decides cases on evidence, not arguments. Collect everything that proves:

1. You provided the goods or services — contracts, work orders, delivery dockets, photos, emails
2. The amount owed — invoices, quotes, payment schedules
3. You tried to get paid — the Letter of Demand, follow-up emails, text messages
4. The other party agreed to pay — signed contracts, purchase orders, email confirmations

Organise documents chronologically and label each one clearly. NCAT hearings are short, so you need to present your case quickly.

Step 3: File your NCAT application

File online through the NCAT website or in person at an NCAT registry.

What you need:

• Application form — Form 1A (Consumer and Commercial Division)
• Filing fee — $107 for claims under $10,000; $214 for claims $10,000–$30,000 (fees current as of 2025)
• Supporting documents — invoices, contracts, Letter of Demand, proof of delivery
• Details of the other party — full legal name, ABN (if a business), address

Online filing process:

1. Create an account on the NCAT Online Registry
2. Complete Form 1A electronically
3. Upload supporting documents (PDF format, max 10MB per file)
4. Pay the filing fee by credit card
5. Submit the application

You will receive a confirmation email with your case number. NCAT typically issues a Notice of Hearing within 2–4 weeks if everything is in order.

NCAT checks:

• Is the claim within jurisdiction?
• Did you send a Letter of Demand?
• Is the other party properly identified?
• Have you attached the required documents?

If your application is incomplete, NCAT will contact you and give you 7 days to fix it.

Step 4: The other party is notified

Once accepted, NCAT serves the Notice of Hearing on the respondent. The notice tells them:

• The date, time, and location of the hearing
• The amount you are claiming
• A summary of your case
• Their right to file a defence

The respondent has 14 days to file a written response. They can admit the debt, dispute the claim, or apply for dismissal.

If they do nothing, the hearing proceeds. NCAT can make an order in their absence.

Step 5: Prepare for the hearing

NCAT hearings are informal but structured. A Tribunal Member hears the case. Most hearings last 30–60 minutes.

What to bring:

• Three copies of all documents (one for you, one for the Tribunal, one for the other party)
• A chronological summary of events (one page, dot points)
• Witness statements if anyone else can support your case
• Calculator and notepad

What happens:

1. The Tribunal Member introduces the case and confirms details
2. You present your case first — explain what happened, refer to documents, state the amount owed
3. The other party responds and can ask you questions
4. The Tribunal Member may ask both parties questions
5. Each side makes a brief closing statement
6. The Tribunal Member makes a decision (sometimes immediately, sometimes in writing within 7 days)

Tips for presenting:

• Speak clearly and stick to facts
• Do not argue or interrupt
• Refer to specific documents by date and page number
• Write down your key points beforehand if you are nervous

Step 6: The Tribunal’s decision

If NCAT finds in your favour, it will make an order for payment specifying:

• The amount the respondent must pay
• The date by which payment is due (typically 28 days)
• Whether interest is payable
• Who pays the filing fee

The order is legally binding. If the respondent does not pay, you can enforce it.

If NCAT dismisses your claim, you cannot re-file the same dispute. You may be able to appeal on a question of law only.

Step 7: Enforce the order

An NCAT order is not self-executing. If the respondent does not pay voluntarily, you must take enforcement action.

Enforcement options:

1. Garnishee order — take money directly from their bank account or wages
2. Writ for the levy of property — seize and sell their assets
3. Examination notice — require them to attend court and disclose their financial situation
4. Bankruptcy or wind-up proceedings — if the debt meets statutory thresholds

You enforce through the Local Court, not NCAT. You will need to file additional forms and pay further fees.

If the debtor is a company and the debt exceeds the statutory minimum, you may also issue a Statutory Demand against a company under the Corporations Act.

How ClaimDone helps

ClaimDone prepares NCAT applications and all supporting documents in under 60 minutes.

What you get:

• Completed Form 1A with your case details
• Professionally formatted supporting affidavit
• Chronological evidence bundle
• Hearing preparation checklist
• Plain-English guide to the NCAT process

You upload your invoices, contracts, and evidence. Our Proprietary AI Engine reads everything, identifies the legal issues, and generates a tribunal-ready NCAT application citing the applicable NSW law.

Flat fee. No subscription. Done in 60 minutes.

Final checklist before you apply

Before you file, confirm:

• [ ] You sent a Letter of Demand at least 7 days ago
• [ ] The debt is under $30,000
• [ ] The debtor is in NSW or the contract was performed in NSW
• [ ] You have copies of all invoices, contracts, and correspondence
• [ ] You know the debtor’s full legal name and address
• [ ] You are ready to attend a hearing (in person or by phone)

If you tick all those boxes, you are ready to apply.

What happens if you do nothing

If you do not take action, the debt becomes harder to recover. Evidence goes missing. Witnesses forget details. The debtor may move, close their business, or declare bankruptcy.

NSW has a 6-year limitation period for contract debts. After 6 years from the date payment was due, you lose the right to sue.

NCAT is the fastest, cheapest way to recover unpaid invoices in NSW. Thousands of small businesses use it every year.

If you are owed money and the debtor will not pay, ClaimDone can prepare your NCAT application today — complete, formatted, and ready to file in under 60 minutes.

Frequently Asked Questions

How much does it cost to apply to NCAT for an unpaid invoice?

The filing fee is $107 for claims under $10,000 and $214 for claims between $10,000 and $30,000. If you win, NCAT typically orders the other party to reimburse your filing fee.

Do I need a lawyer to apply to NCAT?

No. NCAT is designed for self-represented parties. You can prepare and present your own case. Lawyers are allowed but not required, and most people do not use them for claims under $30,000.

How long does the NCAT process take from application to hearing?

Most cases are listed for hearing within 6–12 weeks of filing. Simple debt recovery matters are often resolved in a single 30–60 minute hearing. If the other party does not file a defence, it may be faster.

What happens if the debtor does not show up to the NCAT hearing?

NCAT can make an order in their absence. If you have provided sufficient evidence, the Tribunal will likely find in your favour and order the debtor to pay the full amount claimed.

Can I enforce an NCAT order if the debtor still refuses to pay?

Yes. You can enforce the order through the Local Court using garnishee orders, writs for levy of property, or examination notices. If the debtor is a company and the debt meets the statutory threshold, you can also issue a Statutory Demand under the Corporations Act.