What happens at an NTCAT small claims hearing: stages, the day and the decision

An NTCAT small claim can move through up to three stages: a compulsory conference to try to settle, sometimes a short directions hearing, and a final hearing where a tribunal member hears both sides and decides. At the final hearing the person who applied usually speaks first, the other side then responds, and the member may ask questions along the way. You do not need a lawyer, and in a small claim you cannot have one without the tribunal’s permission.

If your hearing is coming up, Claim Done drafts a hearing script and speaking notes from your answers for a flat A$29: your opening, what happened in date order, your answers to the other side’s points, and your closing, ready to read from on the day.

The stages of an NTCAT small claim

NTCAT hears civil claims for sums up to $25,000 (as at November 2026), according to its jurisdiction page.

The NTCAT compulsory conference

NTCAT’s page on types of hearings says all parties must attend a compulsory conference, and not attending without good reason can lead to an order to pay costs the other side wasted. It is usually run by a tribunal member, it is confidential, and two hours is usually allocated. The member who runs it has no further part in the case, and what is said there cannot be used at the hearing.

The tribunal’s compulsory conference information sheet describes it as a form of mediation. It is not a hearing, so the member will not decide the case. Bring the evidence that supports your claim or your response. The member may speak to each side in separate rooms. If you settle, the case ends. If you do not, the member makes orders about what happens next. If you cannot attend, contact NTCAT immediately to ask for an adjournment, because orders can be made in your absence.

Who attends, and can you bring a lawyer

NTCAT’s representation page says most of its cases are between people who represent themselves. In a small claim, section 7 of the Small Claims Act says a party can be represented by a lawyer only with NTCAT’s leave. NTCAT says you may need to apply for that leave on a Form 3 Ordinary Application. A friend, relative or other non-lawyer may also be allowed to represent you, again with the tribunal’s permission.

A support person is different. Under the support person information sheet, they can sit beside you, but they cannot speak for you or present your case. Hearings are open to the public, so you do not need to ask first. For a compulsory conference, which is closed, you email the tribunal to ask.

The hearings page says hearings are held at the NTCAT registry offices at Casuarina (Darwin) and Alice Springs, and at the Katherine and Tennant Creek courthouses. You are expected to attend in person. Under NTCAT’s phone appearance page, attending by phone needs the tribunal’s permission, asked for on a Form 3, and there is no fee for that application. By phone, be ready 15 minutes early: NTCAT usually makes one call, and if you miss it the matter can go ahead without you.

How to prepare for an NTCAT hearing

NTCAT’s preparing for a hearing page recommends you:

• make sure you have complied with every order NTCAT has made, such as serving documents by a date
• organise your evidence in a folder or on a laptop or tablet
• prepare a list of the important issues, the evidence for each one, and what you want to say about it
• write a list of the key facts, dates and events in order
• make sure any witnesses are available on the day

Hand over your evidence when the orders say to. NTCAT’s application guide warns that you may not be allowed to rely on evidence that was not provided that way.

What to bring on the day

• Copies of all the evidence both sides have exchanged.
• Your notes on the points you want to make.
• A short chronology of key events in date order.

How the final hearing runs

NTCAT’s day of the hearing page sets out the order of things:

1. Arrive at least 15 minutes early. Several matters may be listed at once, so wait until your matter is called.
2. The parties sit at tables facing the member. The hearing is sound recorded.
3. The member introduces themselves and asks everyone to introduce themselves. Call the member “Mr”, “Ms” or “Dr” and their surname, shown on the name plate. You do not need to stand.
4. The person who applied usually presents their case first. The other side then responds.
5. NTCAT is not bound by the rules of evidence, so the member may ask questions to clarify issues at any point.

The same page asks you to be concise, stick to the relevant facts, listen without interrupting and tell the truth. NTCAT’s witnesses page says anyone giving oral evidence may be asked to take an oath or affirmation, and the other side will usually be allowed to question your witnesses.

What your speaking notes look like

A practical set of speaking notes has these parts:

1. Opening: about a minute. Who you are, whether you applied or are responding, what the dispute is about, the amount, and the orders you want.
2. What happened, in order: one short dated line per fact.
3. The amount: each item on its own line, then the total.
4. Documents: each document and what it shows.
5. Their points and your answers: what the other side says, with your reply beside each one.
6. Questions the member may ask: with your short answers.
7. Closing: the key facts in one line and the orders you ask for.

These are your own notes. They are not filed with the tribunal and they are not a witness statement. Your evidence is your documents and what you say on the day.

After the hearing: the decision and orders

Under NTCAT’s after NTCAT page, the member may announce the decision and orders at the end of the hearing or later. In most cases NTCAT must hand down its decision and orders no later than 28 days after the hearing, with written reasons for final decisions. The decision timing page says the decision is sent in writing by email or post.

NTCAT’s enforcement page says NTCAT does not enforce its own orders. If an order is in your favour and is not followed, you can register it with the Local Court and use that court’s processes.

If you disagree with the decision, the challenging an order page lists the options:

• an obvious error, such as a wrong name or sum: tell NTCAT and the other side promptly
• reopening, if you did not take part and had a reasonable excuse: apply within 28 days of the decision
• internal review for an error of fact or law: apply within 28 days, a fee applies, and the NTCAT President must give leave
• appeal to the Supreme Court: only for legal errors, and only with that court’s leave

On costs, NTCAT’s costs page says the usual rule is that each party pays its own costs. A successful party can usually expect to recover necessary application, service and search fees.

Mistakes to avoid

• Missing a compulsory conference or a phone call from the tribunal. Either can mean orders are made without you.
• Ignoring a directions order. That can lead to costs or to evidence being refused.
• Relying at the hearing on what was said at the conference. It cannot be used there unless it is also part of the evidence you were ordered to provide.
• Expecting your support person to speak for you.

Claim Done can draft your NTCAT hearing script from your answers for A$29, including your opening, your timeline, your answers to their points and your closing.