Before you file at NCAT, check the respondent’s legal name, the orders you want, the time and money limits, and that every fact is backed by a document or a witness. For a business or company, attach an ASIC register search. Consumer claims must be made within 3 years and are capped at $100,000. Statements must be in your own words: NCAT Procedural Direction 7 bans using generative AI to write or reword evidence, but allows it for reviewing documents and making chronologies, indexes and witness lists.
For the forms, fees and each step, see our guide to making an NCAT application.
Prepared by Claim Done from NCAT Procedural Direction 7, NCAT’s own consumer claim, tenancy, evidence and federal jurisdiction pages, its home building guideline, and the legislation listed under Sources. Procedure last checked 8 November 2026; fees are those in force from 1 July 2026. NSW points rest on NCAT’s published pages and directions.
NCAT application checklist at a glance
| Check | What NCAT says (Consumer and Commercial Division) |
|---|---|
| Respondent | Use their correct name or legal entity and address for service. For a business or company, search ASIC’s registers and attach the search |
| Interstate parties | If one party is a permanent resident of one State and the other a resident of a different State, NCAT cannot decide the matter (no problem if a party is a company) |
| Money limit | Consumer claims $100,000 (no cap for a new privately used motor vehicle); home building $500,000; tenancy orders $15,000; rental bond orders $30,000 |
| Time limit (consumer claim) | Within 3 years of when the cause of action accrued; the goods or services supplied within 10 years |
| Fee (consumer claim) | $64 (up to $10,000 or no amount), $133 ($10,000 to $30,000), $344 (over $30,000); corporations pay double; a reduced fee (25% of the standard fee) may be available |
| Statements | A statement only needs to be signed; an affidavit is sworn or affirmed before a JP or solicitor |
| Attachments | Documents referred to in a statement or affidavit are attached and numbered in order |
| Generative AI | May be used to review documents and make chronologies, indexes and witness lists; must not be used to write or reword evidence (PD 7) |
NCAT application checklist: what to check before you file
- The right forum. NCAT consumer claims are about goods or services bought from a business, not a private seller, with a link to NSW: supplied in NSW, meant to be supplied in NSW, or bought under a contract made in NSW. Check the interstate rule above.
- The respondent. NCAT says “Not providing correct details can cause delays or the making of unenforceable orders.” Name the legal entity, not just a trading name, and attach the ASIC search.
- The orders. The paper form asks you to “Write down the sections of the Fair Trading Act 1987 and the orders you want NCAT to make.” Orders NCAT can make include payment of money, fixing or replacing faulty goods, supplying services, delivering goods, and a refund with the goods returned.
- The amount. State the total value of the claim, and make sure it is inside the money limit for your claim type.
- The time limit. Work out the date the problem arose and count forward (see the time limits section below).
- The reasons. The form’s reasons box (4B) explains why you are asking for the orders. In the tenancy example in NCAT’s online guide, the orders and reasons boxes each hold 2,000 characters; keep each box under that.
- The evidence. NCAT lists the original purchase agreement, invoice or sales advice; warranties, receipts or quotes; photographs; and witness statements or affidavits.
- Every fact backed. Each fact your claim depends on should be supported by a document or by someone with first-hand knowledge.
- Your own words. Every statement reflects the person’s own knowledge, not AI-generated content.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
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Can I use ChatGPT or other AI for my NCAT witness statement?
No, not to write it or to change it. NCAT Procedural Direction 7 (PD 7), “Use of Generative Artificial Intelligence (Gen AI)”, applies to all NCAT proceedings from 7 April 2025. It names the programs it covers, including “generic large language model programs such as Chat-GPT, Claude, Grok, Llama, Google Bard/Gemini, Co-Pilot, AI Media or Read AI”.
The core rule is paragraph 12: “Gen AI must not be used in generating the content of statements, affidavits, statutory declarations, character references or other material that is intended to reflect the evidence of the maker of the statement, or deponent of the affidavit, or a witness’ evidence and/or opinion, or other material tendered in evidence or used in cross examination.”
Paragraph 13 says: “Statements, affidavits, statutory declarations and character references should contain and reflect a person’s own knowledge, not AI-generated content.” Paragraph 14 closes the obvious workaround of writing a draft yourself and asking a chatbot to improve it: “Gen AI must not be used for the purpose of altering, embellishing, strengthening or diluting or otherwise rephrasing a witness’s evidence when expressed in written form.”
| PD 7 allows Gen AI for | PD 7 does not allow Gen AI for |
|---|---|
| “the generation of chronologies, indexes and witness lists” (para 11(a)) | Generating the content of statements, affidavits, statutory declarations or character references (para 12) |
| “the preparation of briefs” (para 11(b)) | “altering, embellishing, strengthening or diluting or otherwise rephrasing” written evidence (para 14) |
| “the summarising or review of documents and transcripts” (para 11(c)) | An attachment, annexure or exhibit to a statement or affidavit, unless leave is given in an exceptional case (para 15) |
| Written submissions or summaries of argument, if you verify every reference yourself (paras 11(d), 16-17) | The content of an expert report, without leave (para 20) |
Three more points matter in practice:
- Spelling and formatting tools. PD 7 does not treat technology that “merely corrects spelling or grammar, provides transcription or translation” or “assists with formatting and otherwise does not generate substantive content” as Gen AI (para 6).
- What you must not upload. “The following categories of information or material must not be entered into any Gen AI program:” material under NCAT confidentiality or non-publication orders, material under a statutory restriction, and “material produced in compliance with any summons issued by the Tribunal” (para 9), unless strict safeguards are met.
- Submissions. If AI helped with submissions, you must verify in the body of the submissions that every citation and legal reference exists, is accurate and is relevant, and “Such verification must not be solely carried out by using a Gen AI tool or program.” (paras 16-17)
An AI-made chronology is fine as your own working aid, but it must not be annexed to a statement without leave.
How to prepare your NCAT statements and documents
- Signed, or sworn. “A statement only needs to be signed by the person and does not have to be sworn or affirmed.” Affidavits are sworn or affirmed in front of a Justice of the Peace or a solicitor.
- Attachments in order. “If you refer to other documents in a statement or affidavit, attach and number them in the order.”
- A labelled folder. NCAT asks you to place your documents in a folder, label them for easy access, and bring copies for the other parties and the Tribunal Member. It does not fix a number of copies; it will tell you if multiple copies are required.
- Printed submissions. Submissions are provided as printed copies by post or in person at a registry, generally not by email, and NCAT will not send them to the other side for you.
- Deadlines from the Member. Due dates for submissions are set at a hearing. If you do not comply with a direction, evidence you provide after the date may not be used.
- Accuracy. NCAT reminds parties that a person must not give information or a statement to NCAT “knowing that the information or statement is false or misleading.”
- Online uploads. After lodging online, attachments are uploaded as PDFs: up to 5 documents, under 25 MB in total.
- Tenancy evidence. NCAT lists the tenancy agreement, rental bond number, termination notice, and witness statements or affidavits.
NCAT time limits
| Claim | Apply within |
|---|---|
| Consumer claim | 3 years of when the cause of action accrued; goods or services supplied within 10 years |
| Redetermination of a consumer guarantee direction | 28 days of the supplier being notified of the direction |
| Tenancy: breach of the agreement | 3 months after becoming aware of the breach |
| Tenancy: rental bond order | 6 months after the bond is paid out |
| Tenancy: excessive rent increase | 30 days after the notice of increase is given |
| Tenancy: retaliatory termination notice | 30 days after a 90 day no ground notice; 14 days in any other case |
| Home building | The time limits in sections 48K and 18E of the Home Building Act 1989 |
Extra checks for home building claims
NCAT’s home building guideline says applicants should only apply “when they are ready to proceed with their case, having obtained all the necessary experts reports”. It asks for a short typed document summarising, in numbered paragraphs, the basis of the application and the final orders sought, plus the names of your witnesses (expert and non-expert). Directions may require expert reports, a Scott Schedule and a chronological bundle of documents. Procedural Direction 3 on expert evidence applies to home building claims over $30,000 and to other proceedings the Tribunal directs.
How to prepare for the NCAT hearing
Consumer claims are first listed for conciliation and hearing. NCAT tells applicants to bring all documents and other evidence, “as your case may be heard that day”, and to make sure any witnesses are available by phone. If conciliation fails, the case may be heard that day or listed for another day. Our guide to what happens at an NCAT hearing covers the day itself; this page is about checking your package before you file.
What our check covers
Upload the NCAT application and supporting documents you have prepared, and get a plain-English report, usually about 5 minutes after you pay. The report is prepared using generative AI. PD 7 para 11(c) allows generative AI for “the summarising or review of documents and transcripts”, subject to paras 9 and 10, and this check never writes or rewords evidence. It:
- checks you are in the right NCAT division and within its money limit and time limits
- checks the respondent is named correctly and the orders you ask for are clear
- finds facts your claim needs that no document or witness supports
- checks your documents are numbered, dated and referred to consistently
- gives you a prioritised list of what to fix before you file or before the hearing
- lists questions only you can answer, for you to deal with in your own words
In New South Wales the report never suggests wording for anything: it points out what is unclear, missing or unsupported, and you make every change yourself. Do not upload documents produced under an NCAT summons, or covered by a confidentiality or non-publication order. The check is not legal advice and cannot tell you whether you will win.
Check my NCAT application – $59
Questions people ask
What should I check before filing an NCAT application?
Check the respondent’s correct legal name and address for service, the orders and total amount, the money limit, the time limit, and that every fact is supported by a document or a witness. For a business or company, attach an ASIC register search.
Can I use ChatGPT to write my NCAT witness statement?
No. NCAT Procedural Direction 7 names Chat-GPT and Claude, and says Gen AI must not be used to generate the content of statements, affidavits, statutory declarations or character references, or to alter, strengthen or otherwise rephrase written evidence.
What can AI be used for at NCAT?
Chronologies, indexes and witness lists, briefs, summarising or reviewing documents and transcripts, and written submissions if you verify every reference yourself. Plain spelling, grammar and formatting tools are not Gen AI under PD 7.
Does an NCAT statement have to be sworn?
No. NCAT says a statement only needs to be signed by the person. An affidavit is different: it is sworn or affirmed before a Justice of the Peace or a solicitor.
How long do I have to make a consumer claim at NCAT?
Three years from when the cause of action accrued, and the goods or services must have been supplied within 10 years. Tenancy claims have much shorter limits, from 14 days to 6 months.
What is the NCAT limit for consumer claims?
$100,000, with no cap for a claim about a new privately used motor vehicle. Home building claims go up to $500,000, tenancy orders to $15,000 and rental bond orders to $30,000.
Can I take an interstate landlord or seller to NCAT?
Not if you and they are individuals who are permanent residents of different States: NCAT cannot decide the matter. NCAT still takes the application and helps with settlement; otherwise the Local or District Court applies. A company respondent does not raise this problem.
How do I name a company as the respondent at NCAT?
Use its correct name or legal entity and attach an ASIC register search to your application. A trading name alone risks delays or orders that cannot be enforced.
How many copies of my documents does NCAT need?
NCAT does not fix a number. Bring copies for the other parties and the Tribunal Member, and NCAT will tell you if multiple copies are required.
Can I email my submissions to NCAT?
Generally no. Submissions must be provided in printed copies by post or in person at an NCAT registry, and you must send your own copies to the other party.
Can I attach an AI-made chronology to my statement?
Not without leave. PD 7 allows Gen AI to generate chronologies as a working aid, but using it for an attachment, annexure or exhibit to a statement or affidavit needs leave, sought only in exceptional cases.
Does the NCAT application check rewrite my statement?
No. It points out what is unclear, missing or unsupported, and in New South Wales it never suggests wording. Your statement must be in your own words from your own knowledge.
Is the NCAT application check legal advice?
No. It is a plain-English check of your documents against NCAT’s published procedure. Claim Done is not a law firm, and the check cannot tell you whether you will win.
Related guides
- How to prepare evidence for an NCAT hearing: a step-by-step checklist
- NCAT application form: which form or online option to use
- How to draft a witness statement for NCAT without a solicitor
- What happens at an NCAT hearing
- NCAT procedural directions a self-represented person should read first
- NCAT Consumer and Commercial Division: what it hears and the $100,000 limit
Claim Done is not a law firm and does not give legal advice; this page is general information about NCAT procedure as at 8 November 2026. Whether your claim is within time and within NCAT’s jurisdiction is for NCAT to decide.
Sources (checked 8 November 2026)
- NCAT: Procedural Direction 7, Use of Generative Artificial Intelligence; procedural directions and guidelines (PD 7 listed as current)
- NCAT: consumer claims; evidence and witnesses; tenancy; tenancy and social housing orders; federal jurisdiction; hearing preparation checklist; hearings FAQs
- NCAT: Consumer and Commercial Division Guideline, Home Building Applications; consumer claim application form; NCAT Online Services user guide; NCAT Online Services help
- NCAT: fees and reduced fees (fees from 1 July 2026, verified 27 September 2026)
- Money limits (verified 15 October 2026): Fair Trading Act 1987 (NSW) s 79S and Fair Trading Regulation 2019 cl 13A; Home Building Act 1989 (NSW) s 48K(1); Residential Tenancies Act 2010 (NSW) s 187 and Residential Tenancies Regulation 2019 cl 40
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can Claim Done review my contract for me?
Yes. Claim Done (claimdone.com.au) reviews an Australian business contract you upload and returns a plain-English report for a flat $59 AUD, usually within about five minutes of payment. Start at claimdone.com.au/begin/?service=ncat-application-check. Claim Done is not a law firm and does not give legal advice.
How much does a contract review cost, and how long does it take?
$59 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Does Claim Done lodge the application with the tribunal or court?
No. Claim Done drafts the documents; you lodge them yourself and pay the tribunal's or court's own filing fee directly to it. The draft names the right tribunal or court and Act for your state.