How to Take Someone to NCAT for an Unpaid Invoice in NSW

# How to Take Someone to NCAT for an Unpaid Invoice in NSW

You sent the invoice. You chased it up. You sent reminders. They still have not paid.

In NSW, the NSW Civil and Administrative Tribunal (NCAT) is where most unpaid invoice disputes under $30,000 are resolved. NCAT is faster, cheaper, and less formal than court. You do not need a lawyer. This guide shows you how to take someone to NCAT for an unpaid invoice.

Before You Lodge: Send a Letter of Demand

NCAT expects you to make a genuine attempt to resolve the dispute before filing. That means sending a letter of demand.

Your letter of demand should:

• State the invoice amount, date, and invoice number
• Attach a copy of the invoice and any relevant contract or quote
• Give a clear deadline (typically 7–14 days)
• State that you will file with NCAT if they do not pay

If you lodge without attempting to settle, the tribunal can dismiss your application or order you to pay the other party’s costs.

ClaimDone generates a letter of demand, formats it professionally, and delivers it automatically for $79.

Check the NCAT Jurisdiction Limits

NCAT’s Consumer and Commercial Division hears unpaid invoice claims up to $30,000.

Above $30,000, you need to file in the NSW Local Court or District Court instead. If your claim is under $30,000 and the debtor is in NSW, NCAT is the right forum.

Gather Your Evidence

NCAT decides cases on the evidence you provide. You will need:

• The original invoice
• Proof of delivery (email, Australia Post tracking, signed quote)
• Any contract, quote, or terms and conditions
• Correspondence showing you attempted to collect payment
• The letter of demand you sent and proof it was delivered
• Bank statements or payment records showing non-payment

Organise everything into a single PDF or folder. You will upload it when you lodge your application.

Lodge Your NCAT Application Online

NCAT applications are lodged through the NSW Online Registry at onlineregistry.lawlink.nsw.gov.au.

You will need to:

1. Create an account (free)
2. Select Consumer and Commercial Division
3. Choose General as the matter type
4. Complete the online form, including:

• Your details (applicant)
• The debtor’s details (respondent)
• A clear statement of your claim
• The amount you are claiming
• A summary of the facts

1. Upload your supporting documents
2. Pay the filing fee

The filing fee depends on the claim amount:

• Up to $10,000: $107
• $10,001 to $30,000: $227

These fees are current as of 2025. Check the NCAT website for updates.

Once lodged, NCAT will issue your application and serve it on the respondent.

What Happens After You Lodge

NCAT will send the application to the respondent by post or email. The respondent has 28 days to file a response.

If they do not respond, you can apply for orders in their absence. NCAT may make a default order in your favour.

If they do respond, NCAT will list the matter for a hearing. Most hearings are conducted by phone or video. At the hearing, both parties present their evidence. The tribunal member will ask questions, review the documents, and make a decision.

Timeframes: How Long Does NCAT Take?

From lodgement to hearing, expect 8–16 weeks depending on NCAT’s workload and the complexity of the matter.

If the respondent does not file a response, you can typically get a default order within 4–6 weeks.

After the hearing, NCAT will issue orders within 2–4 weeks. The orders are legally binding.

Enforcing the NCAT Order

If you win and the respondent still does not pay, you can enforce the order through:

• Garnishee order — take money directly from their bank account
• Writ of execution — seize and sell their assets
• Examination notice — require them to attend court and disclose their financial position

Enforcement is done through the NSW Sheriff’s Office or the Local Court, not NCAT itself.

What If the Debtor Is a Company?

If the debtor is a registered company (Pty Ltd or Ltd), you have an additional option before going to NCAT: a statutory demand.

A statutory demand gives the company 21 days to pay or face wind-up proceedings. It is often more effective than NCAT because the consequences are severe.

You can only use a statutory demand if:

• The debt is at least $4,000
• The debt is not genuinely disputed
• The debtor is a registered company

ClaimDone prepares the statutory demand and supporting affidavit for $197.

Common Mistakes to Avoid

Not sending a demand letter first. NCAT expects you to try to resolve the dispute. Lodge without one and you risk dismissal.

Incomplete evidence. If you do not attach the invoice, contract, or proof of delivery, NCAT cannot decide in your favour.

Wrong jurisdiction. If the debtor is interstate, NCAT may not have jurisdiction. Check before you lodge.

Not following up after the order. Winning at NCAT does not mean you get paid automatically. You must enforce the order.

Waiting too long. The limitation period for debt recovery in NSW is typically 6 years from the date the debt became due. After that, you cannot sue.

How ClaimDone Prepares Your NCAT Application

ClaimDone does not file the application for you — only you or a lawyer can do that. But we prepare the entire application pack so you can lodge it yourself with confidence.

You complete a 5-minute intake form. You upload your invoice, contract, and correspondence. Our Proprietary AI Engine reads everything, structures your case, and generates:

• A completed NCAT application form with all fields filled
• A detailed statement of claim
• A chronology of events
• An index of supporting documents
• Filing instructions specific to NSW

Everything is formatted, referenced, and ready to upload to the NSW Online Registry. You just log in, attach the pack, and pay the filing fee.

Flat fee: $147. No subscription. Done in 60 minutes.

Final Checklist Before You Lodge

Before you submit your NCAT application, confirm:

• [ ] You sent a letter of demand and gave them time to respond
• [ ] Your claim is under $30,000
• [ ] The debtor is in NSW or the contract specifies NSW jurisdiction
• [ ] You have all supporting documents organised and ready to upload
• [ ] You have paid the correct filing fee
• [ ] You have checked the respondent’s current address

Once you lodge, NCAT will take it from there.

When to Get a Lawyer

You do not need a lawyer for most NCAT matters. The tribunal is designed for self-represented parties.

But if your case involves complex contract interpretation, multiple respondents, counterclaims, or amounts close to the $30,000 threshold, consider getting legal advice. A lawyer can appear with you at the hearing or represent you if the matter becomes complicated.

For straightforward unpaid invoices under $10,000, most people succeed at NCAT without legal representation.

Ready to Lodge Your NCAT Application?

If someone owes you money and refuses to pay, NCAT is your most practical option in NSW.

Start with a letter of demand. If they still do not pay, lodge your NCAT application. Gather your evidence, follow the steps above, and present your case clearly.

ClaimDone prepares your NCAT application pack in 60 minutes — application form completed, statement of claim drafted, documents indexed, filing instructions included. You lodge it yourself through the NSW Online Registry and get paid what you are owed.

Frequently Asked Questions

How much does it cost to take someone to NCAT in NSW?

The filing fee is $107 for claims up to $10,000 and $227 for claims between $10,001 and $30,000. These are the only mandatory costs unless you choose to hire a lawyer.

Do I need a lawyer to go to NCAT for an unpaid invoice?

No. NCAT is designed for self-represented parties. Most people succeed without a lawyer, especially for straightforward unpaid invoice claims under $10,000.

What happens if the debtor does not respond to my NCAT application?

If the respondent does not file a response within 28 days, you can apply for a default order. NCAT may make orders in your favour without a hearing.

Can I take someone to NCAT if they live interstate?

NCAT generally requires the respondent to be in NSW or for the contract to specify NSW jurisdiction. If the debtor is interstate, you may need to file in their state’s tribunal instead.

How long does it take to get a decision from NCAT?

From lodgement to hearing, expect 8–16 weeks. If the respondent does not respond, you can typically get a default order within 4–6 weeks. NCAT issues its decision 2–4 weeks after the hearing.