What Happens at an NCAT Hearing: Conciliation and Hearing on the Same Day, Who Is There, How Long It Takes and What to Bring

An NCAT consumer or tenancy claim is first listed for conciliation and hearing on the same day: the Tribunal Member asks both sides to try to settle, and if you cannot agree, your case can be heard and decided in that same listing. NCAT’s own checklist says to bring all your documents and evidence “as your case may be heard that day” (NCAT hearing preparation checklist, last updated 4 March 2026).

That changes how you prepare. There is no separate mediation weeks earlier, so the first time you sit across from the other side may also be the last. Claim Done’s Hearing Bundle ($97) turns your evidence into a chronology, an evidence index, a position statement and more, so you walk in with a folder the Member can follow. Start your Hearing Bundle.

Facts checked against NCAT pages on 27 September 2026, plus the QCAT, VCAT and Local Court pages linked below. Each page’s own “last updated” date is shown beside the link.

What happens at an NCAT hearing, step by step?

NCAT’s consumer claims page (last updated 2 January 2026) says consumer claims are “first listed for conciliation and hearing”, and if the case is not resolved at the first hearing it may be listed for a contested hearing on a later date. Tenancy and social housing cases follow the same pattern. The order of events, from NCAT’s own pages:

1. Check in and wait. Several matters are listed together in what NCAT calls a group list, where it helps parties with their settlement discussions (NCAT fact sheet: attending hearings by telephone or video).
2. Conciliation. The Member asks the parties to try to reach agreement, and you are directed to a conciliation room or an area outside the hearing room (NCAT conciliation, last updated 1 August 2024). A Conciliator may help at major venues; in regional areas the Member may do both jobs if the parties consent.
3. If you agree, you write the agreement down on the form provided, confirm you understand it and made it voluntarily, and it becomes a legally binding order.
4. If you do not agree, the hearing goes ahead that day or at a later date. The applicant usually speaks first, then the respondent. You may be asked to take an oath or affirmation, and the Member asks questions along the way (NCAT: on the hearing day, last updated 9 December 2025).
5. The decision. The Member will generally decide at the hearing. Where the legal arguments are complicated, the decision may be reserved and sent later in writing with reasons.

One rule protects you in step 2. The Division’s guideline on conciliation and hearing by the same Member (effective 1 August 2017) says statements, concessions and settlement offers made in conciliation cannot be raised at the hearing unless both parties agree. Conciliation is also not sound recorded, because it is confidential. So a sensible offer in the conciliation room does not become an admission against you once the hearing starts.

NCAT generally announces the decision at the end of the hearing, the order generally takes effect immediately, and copies follow as soon as practicable. The appeal window is 28 days, or 14 in residential proceedings: see appealing an NCAT decision. Respondents should read how to defend an NCAT application well before the listing.

Who will be in the hearing room?

The Tribunal Member sits at the front; the parties sit at tables facing the Member. NCAT says most hearings are open to the public, so other parties waiting for their own hearing, friends and family may sit at the back. Other Tribunal Members, Conciliators, NCAT staff and security officers may also be present.

Address the Member as “Mr” or “Ms” and their surname if a name plate is on the table, or “Sir” or “Madam” if not. Hearings are generally sound recorded. You cannot record it yourself.

Family and friends can come for support, but they cannot speak for you. In the Consumer and Commercial Division, anyone representing you needs NCAT’s permission, except in a few case types such as retail leases (NCAT representation, last updated 22 December 2025). If you need an interpreter, NCAT provides one free of charge.

How long does an NCAT hearing take?

NCAT does not publish a set length, and we will not invent one. What it does say: your matter sits in a group list with others, you may conciliate first, and the checklist says to be prepared for the case to be finalised on the day. Budget the whole listing, not a slot.

Arrive early. Some NCAT venues have airport-style security scanning, and NCAT’s security page (last updated 1 August 2024) says arriving early and thinking about what you carry reduces delays. Tools, scissors, glass bottles and motorcycle helmets are on the prohibited list. For a video hearing, open the link in your notice of hearing 5 minutes before the start time and keep your camera on.

If the case does not finish, it is listed for a contested hearing on a later date and the Member makes directions to get it ready. NCAT’s hearing lists page (last updated 8 May 2026) points to the Search NSW Court Lists app, which shows the date, time and venue of your case up to 3 weeks in advance.

What should you bring to an NCAT hearing?

From NCAT’s checklist and its evidence and witnesses page (last updated 7 April 2025):

• Every document you rely on, in a labelled folder, plus copies for the other party and for the Member. Contracts, invoices, quotes, emails, texts, photos and phone records all count.
• A chronology: NCAT suggests bringing a list of the important facts, dates and events.
• A list of your issues, so you stay on the points that decide the case.
• Your notice of hearing, which says whether you attend in person, by phone or by video.
• Witnesses on standby: NCAT asks you to make sure they are available by phone at the time of the hearing.
• Written authority, signed and dated, if someone else is permitted to represent you.

A statement only needs to be signed, not sworn. Our NCAT evidence checklist covers what each type of evidence needs to show.

What can a document engine prepare under Procedural Direction 7?

NCAT’s Procedural Direction 7, in force since 7 April 2025, draws a clear line. Paragraph 11 permits generative AI for chronologies, indexes and witness lists, and for written submissions or summaries of argument. Paragraph 12 bars it from generating the content of statements, affidavits, statutory declarations, character references or other material tendered in evidence.

Claim Done’s Hearing Bundle sits on the permitted side: the chronology and evidence index fall under paragraph 11(a), and the position statement is a summary of argument under 11(d). Claim Done does not draft the content of witness statements for New South Wales matters. Those must be in your words and your witnesses’ words.

Paragraph 16 adds a duty: where submissions were prepared with generative AI, you must confirm in the document that every citation and reference to the evidence exists, is accurate and is relevant, and you cannot leave that check to an AI tool. Tick each reference against your folder.

What if you cannot attend on the day?

NCAT’s hearings FAQs (last updated 12 November 2024) say that if you do not attend, the hearing goes ahead and orders can be made without you.

To move the date, NCAT’s adjournments guideline (effective 26 July 2024) says to ask in writing as soon as you know, preferably at least 7 days before, with your file number, reasons and supporting documents. Even if both sides agree, NCAT can still refuse. To attend by phone or video instead, ask the Member at the initial hearing or send NCAT the request form as soon as you know. If you hear nothing back, plan to appear in person.

What does it cost, and can you get it back?

The main cost is the application fee, paid when you lodge. NCAT’s fees, as at 1 July 2026 (fees at NCAT, last updated 26 June 2026):

Who qualifies for the reduced fee is in our NCAT fees 2026 guide. If you have not lodged yet, see the NCAT application form guide.

On costs, the Division’s costs guideline (August 2017, still current) says each party generally pays its own. A costs order needs special circumstances, a claim over $30,000 (or over $10,000 in narrower cases), or a statute allowing it. Even then, a self-represented party can claim only out-of-pocket items such as the filing fee, witness expenses and photocopying, never their own time or travel.

Consumer claims are brought by a consumer. If you are a business chasing a customer’s unpaid bill, that goes to the Local Court: the Small Claims Division up to $20,000 and the General Division over $20,000 up to $100,000 (Local Court civil jurisdiction).

How is this different at QCAT and VCAT?

In Queensland, QCAT Practice Direction 1 of 2026 sends minor civil disputes up to $10,000 to a separate mediation and lists those over $10,000 for hearing, unless the Tribunal orders otherwise (QCAT Practice Direction 1 of 2026). In Victoria, VCAT says to expect about 52 weeks from applying to your mediation or hearing (VCAT goods and services).

Side by side, New South Wales leaves the least room to fix a weak folder between the settlement talk and the decision. For the other two states, see our QCAT application and VCAT application pages, the QCAT fees, VCAT fees, QCAT forms and VCAT form guides, and for respondents, QCAT and VCAT responses.

How Claim Done’s Hearing Bundle gets you ready

The Hearing Bundle is $97, flat, with no subscription. You answer plain questions and tell us about your contracts, invoices, messages and photos. Claim Done’s document engine turns them into five separate A4 PDFs: a chronology, a statement of issues, an evidence index, a position statement and draft orders. You check every page against your evidence and approve it before you use it.

What you still do yourself: you lodge tribunal forms, you give copies to NCAT and the other side, and you speak at the hearing. Claim Done never lodges or serves anything, and any letter it drafts is sent only after you approve it. Claim Done is not a law firm.

On a consumer claim of $10,000 or less at the standard rate, that is $64 to NCAT plus $97 for the bundle: $161 all up, as at 1 July 2026. Still to lodge? Our NCAT application page covers the Tribunal Application ($97).

If your notice of hearing has arrived, start your Hearing Bundle for $97. You get a draft folder to check against your evidence, then print enough copies for yourself, the Member and each other party.

Frequently asked questions

Is NCAT conciliation on the same day as the hearing?

Yes, for consumer claims and tenancy cases. NCAT first lists them for conciliation and hearing. The Member asks the parties to try to settle, and if they cannot, the hearing can go ahead that day or be listed for a contested hearing on a later date.

Can what I say in NCAT conciliation be used against me at the hearing?

NCAT's Consumer and Commercial Division guideline on conciliation and hearing by the same Member says statements, concessions and settlement offers made in conciliation cannot be raised at the hearing unless both parties agree. Conciliation sessions are not sound recorded because they are confidential.

How long does an NCAT hearing take?

NCAT does not publish a set length. Consumer and tenancy matters sit in a group list with other matters, you may be asked to conciliate first, and NCAT's checklist says to be prepared for the case to be finalised on the day. Allow for the whole listing.

What should I bring to an NCAT hearing?

All your documents and evidence in a labelled folder, with copies for the other party and the Member, plus a chronology of key facts and dates, a list of your issues and your notice of hearing. Make sure any witnesses are available by phone at the hearing time.

What happens if I do not go to my NCAT hearing?

NCAT says the hearing will still go ahead and orders can be made in your absence. If you cannot attend, ask for an adjournment in writing as soon as you know, preferably at least 7 days before, or ask to attend by phone or video.