NSW Civil and Administrative Tribunal

Reinstatements

NCAT can reinstate proceedings that were dismissed because you failed to appear at the hearing. A reinstatement reopens the case with a new hearing.

How to apply

If you are the original applicant or appellant, and you have a reasonable excuse for not attending the hearing, you can apply for a reinstatement. 

Step 1: Complete the application form 

Download and complete the Application to reinstate proceedings (PDF, 269.4 KB)

Step 2: Submit your application

Consumer and Commercial Division

  • Log into NCAT Online Services to access your case
  •  Upload the completed PDF form as a ‘secondary form’, along with any supporting documents

All Other Divisions and Appeals

Lodge the completed application at any NCAT Registry office, either in person or by post 

Step 3: Pay the application fee

Fees apply to reinstatement applications and are generally the same as the original application fee for your matter type.

Time limits

You must apply within 7 days after the Tribunal made orders dismissing the application or appeal.

If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension. 

What happens next

A Tribunal Member will decide whether to grant the reinstatement. The matter may be listed for hearing or decided on the written material only (called a 'hearing on the papers').

Before making a decision, NCAT will send a copy of the application to the other parties and ask for their view on having the application reinstated. 

Orders NCAT can make

NCAT can make the following orders in reinstatement applications:

  • If the reinstatement is granted, the Tribunal will give directions to progress the original application or appeal.
  • If the reinstatement is not granted, the orders dismissing the original application will stay. 

Legislation

Civil and Administrative Tribunal Act 2013.

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