How to Defend a NCAT Application in New South Wales: Your Step-by-Step Defence

If someone has made an NCAT consumer claim against you in New South Wales, NCAT’s page for respondents describes no response form to fill in: NCAT sends you a notice of listing, and you defend the claim by preparing your evidence and a clear written account of your side, then attending the conciliation and hearing. If you have your own claim against the applicant, you may be able to lodge a cross-claim where the legislation allows it. Read the notice closely and follow any instructions it gives.

This guide walks through defending an NCAT application as the respondent, from the day the papers arrive to the hearing, the orders and any appeal.

What happens when an NCAT application is made against you

• You receive the application. NCAT’s respondent page says either NCAT or the applicant will send you a copy of the application and any attached documents (NCAT: how to respond to a case, last updated 28 January 2025). The page does not say which of them does it for consumer claims specifically.
• NCAT sends a notice of listing. It tells you when and how the case will be dealt with.
• The first listing is conciliation and hearing. NCAT says consumer claims are first listed for conciliation and hearing, and a case not resolved then may be listed for a contested hearing on a later date (NCAT: consumer claims, last updated 2 January 2026).

So the first date is not just a mention. You may try to settle and have the case heard on the same day. Prepare as if the Tribunal Member will decide it then.

Is there a deadline to respond to an NCAT application?

For consumer claims in the Consumer and Commercial Division, NCAT’s respondent page states no response form and no response deadline. What you have is the listing date on your notice, and any instructions or directions that come with it. If the notice asks you to provide documents or a written response by a particular date, that date is your deadline.

Tenancy, strata and other case types can work differently. Whatever kind of case it is, the notice you received is the document to follow.

Do not ignore the notice. If you do not take part, you lose the chance to put your side at conciliation and at the hearing. Our guide on what happens if you do not respond to a tribunal application covers that situation.

How to defend an NCAT application: step by step

Step 1: Read the application line by line

Work out exactly what the applicant is asking for: an amount of money, a repair, a refund, a replacement or something else. Mark every statement you agree with, every statement you disagree with, and every one you cannot confirm. Note the case number and listing date.

Step 2: Check the claim belongs at NCAT

Some claims can be answered before you reach the facts:

• Is it a consumer claim? Under the New South Wales Fair Trading Act 1987, a consumer claim is a claim by a consumer arising from goods or services supplied to them by a supplier (Fair Trading Act 1987, s 79E). A general debt, such as one business owed money by another, is not a consumer claim; it goes to the Local Court (Local Court: civil jurisdiction).
• Is it within the limit? NCAT hears consumer claims up to $100,000.
• Is it in time? A consumer claim must be made within 3 years of when the cause of action accrued, and the goods or services must have been supplied within 10 years.
• Are you the right respondent? NCAT asks applicants to use the other party’s correct name or legal entity. If the applicant has named you personally when their contract was with your company, or the reverse, say so.

Step 3: Decide whether to defend, settle, or both

You can dispute the whole claim, accept part of it, or offer a resolution. Many respondents do all three: they prepare a full defence and go into conciliation with a realistic offer. If you partly agree, work out the figure you would accept and be ready to explain it.

Step 4: Write out your side

Even without a prescribed form, a short written statement of your position makes conciliation and the hearing far easier. Use numbered paragraphs:

• What you agree with in the application
• What you dispute, and why, point by point
• Your version of events in date order, with dates, amounts and references to your documents
• What you ask NCAT to do: dismiss the claim, reduce the amount, or make an order in your favour

Address the applicant’s evidence head-on. If a document they rely on is incomplete or out of context, show the missing part.

Step 5: Gather and organise your evidence

• Contracts, quotes, variations and terms and conditions
• Invoices, receipts and bank records showing what was paid
• Emails, text messages and letters between you and the applicant
• Photos of the goods or the completed work
• Reports from qualified people on the cause of any defect
• Signed statements from staff, subcontractors or others who saw what happened, each in the maker’s own words

Put them in date order with an index and numbered pages. Our NCAT evidence checklist shows how to build the bundle step by step.

Step 6: Consider a cross-claim

If the applicant owes you money or has caused you loss arising from the same dealings, NCAT’s respondent page says a respondent may lodge a cross-claim where the legislation allows. A cross-claim is your own application, so check the fee that applies on NCAT’s fees page or our summary of NCAT fees for 2026.

Also note that in deciding a consumer claim in the respondent’s favour, the Fair Trading Act lets the Tribunal order the claimant to pay the respondent a specified amount of money (s 79O). If the customer suing you still owes you part of the price, set that out clearly with your invoices.

Step 7: Go to conciliation prepared to settle

At conciliation, both sides try to reach agreement. Know your walk-away figure, bring your documents, and listen to what the applicant actually wants; it is sometimes less than the amount claimed. If you agree, make sure the terms are written down in full, including amounts and dates, before you leave.

Step 8: Present your case at the hearing

• Bring your bundle, copies for the Member and the applicant, your originals and your written statement
• Speak to the Tribunal Member, not the applicant
• Refer to documents by page: “The quote at page 4 shows the scope we agreed”
• Answer the question you are asked, then stop
• Do not interrupt; you will get your turn

Step 9: After the decision

If NCAT orders you to pay money and it is not paid, the applicant can ask NCAT for a certified copy of the order and register it with the Local Court, or the District Court for amounts over $100,000, to enforce it (NCAT: enforcing a money order). If you think the decision is wrong, see the appeal section below.

Common defences respondents raise at NCAT

Each of these only works with documents behind it:

• “It has already been paid or refunded”: bank records and receipts
• “The goods were not faulty”: inspection reports, photos, evidence of how the goods were used
• “The work was done as agreed”: the quote or contract, photos of the completed work, sign-off messages
• “The scope changed”: written variations, messages asking for extra work
• “We offered a remedy and it was refused”: the offer in writing and the reply
• “The amount is wrong”: your own calculation with supporting quotes or invoices
• “The claim is out of time”: dates showing when the problem arose and when the goods or services were supplied
• “This is not a consumer claim” or “I am the wrong party”: the contract showing who the parties really are

Can you have a lawyer at NCAT?

Most people represent themselves. In the Consumer and Commercial Division a lawyer or agent needs the Tribunal’s permission (leave) to represent a party. NCAT’s guideline says leave is usually granted where, for example, the claim is over $30,000, the other side is legally represented, or the issues are complex (NCAT representation guideline, effective 20 August 2019).

How to appeal an NCAT decision

• Where: the NCAT Appeal Panel. An appeal on a question of law is available as of right; an appeal on the merits needs the Appeal Panel’s leave. Appeal Panel decisions can go to the Supreme Court of New South Wales.
• When: within 28 days of the notice of decision or the reasons, whichever is later. In residential proceedings the time is 14 days.
• How: the Notice of Appeal must be posted or lodged in person at a registry. NCAT says you cannot lodge it online, by email or by fax.
• Fee: $540 standard, $1,080 for a corporation, $135 reduced, as at 1 July 2026.

Sources: NCAT: appeal an NCAT decision (last updated 12 June 2026) and NCAT: fees. Our guide on how to appeal an NCAT decision goes through the process in detail.

If orders were made at a hearing you could not attend, you can apply to NCAT to set the decision aside, but the application must be lodged within 7 days after the decision was made (NCAT: set aside or vary decision, last updated 8 September 2022). Our guide on what happens if you do not respond explains the process. Do not wait for enforcement to start.

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.

Your evidence is different. NCAT Procedural Direction 7 says generative AI must not be used in generating the content of statements, affidavits or other evidence, or in rephrasing a witness’s evidence. Chronologies, indexes and written submissions are expressly allowed, provided every citation in submissions is checked to exist, be accurate and be relevant. So any witness statement, from you or anyone else, must be written in the witness’s own words.

Hearing coming up? The Hearing Bundle ($129) prepares your chronology, issues list, evidence index, position statement and draft orders. Want to make your own claim instead? See our NCAT application page.

Checklist: defending an NCAT application

• [ ] Notice of listing read; date, format and any instructions noted
• [ ] Application read line by line; agreed and disputed points marked
• [ ] Checked: consumer claim, within $100,000, within time, right respondent
• [ ] Decided on your position and a realistic settlement figure
• [ ] Written statement of your side in numbered paragraphs
• [ ] Evidence gathered, indexed and page-numbered
• [ ] Cross-claim considered where you have your own claim
• [ ] Documents provided by any date your notice or directions set
• [ ] Copies for the Member and the applicant, plus originals
• [ ] Appeal dates noted in case you need them: 28 days, or 14 in residential proceedings

Frequently asked questions

Do I have to file a defence to an NCAT consumer claim?

NCAT’s page for respondents describes no response form for consumer claims. You receive a notice of listing and attend the conciliation and hearing. Preparing a written statement of your side and an evidence bundle is still the best way to present your defence, and if your notice asks for documents by a date, follow it.

What happens if I do not respond to an NCAT application?

You lose the chance to put your side at conciliation and at the hearing, and the Tribunal will be left with the applicant’s account. If a money order is made and not paid, it can be registered with the Local Court for enforcement. Read the notice and take part.

Can I lodge a cross-claim at NCAT?

NCAT says a respondent may lodge a cross-claim where the legislation allows. It is your own application, so a fee may apply. In a consumer claim, the Tribunal can also order the claimant to pay the respondent a specified amount if it decides in the respondent’s favour.

How long do I have to appeal an NCAT decision?

28 days from the notice of decision or the reasons, whichever is later, or 14 days in residential proceedings. The Notice of Appeal is lodged by post or in person, not online, and the standard fee is $540.

Can I settle an NCAT case before the hearing?

Yes. Conciliation is part of the first listing for consumer claims, and you can also negotiate with the applicant beforehand. Get any agreement written down in full.

Can I have a lawyer represent me at NCAT?

Only with the Tribunal’s permission in the Consumer and Commercial Division. NCAT’s guideline says permission is usually granted where the claim is over $30,000, the other side is legally represented, or the issues are complex.

Hearing close? Start a Hearing Bundle — $129.

Facts checked against NCAT and NSW Local Court pages on 27 September 2026, with the Fair Trading Act 1987 on the New South Wales legislation website. Claim Done is not a law firm and does not lodge, file or serve documents for you.