If you are a respondent to a case at NCAT, this means an application has been made against you.
The information on this page applies only to cases in NCAT's Consumer and Commercial Division.
You are named as a respondent because the applicant has a dispute with you. The applicant has applied to NCAT to resolve the dispute which may result in enforceable orders being made against you. If the applicant can prove their claim, NCAT may make enforcable orders against you.
NCAT must accept and process all applications received. However the facts of the claim can only be considered by the Tribunal at a hearing.
Either NCAT or the applicant will send you a copy of the application and any attached documents. The application will set out the orders applied for and the reasons why the orders are being asked for.
NCAT will send you a notice of listing. Depending on the type of application, the notice of listing may be for conciliation and hearing, mediation, conciliation, case conference and hearing, directions hearing or a final hearing. Read the notice of listing and any attached information carefully.
Consider contacting the applicant and try to settle the dispute before the hearing day. If you settle, ask the applicant to withdraw their application so you do not need to attend the hearing. When you attend NCAT, you may also be asked to try to reach an agreement before the hearing through conciliation.
If you do not agree with the application, it is in your best interest to organise your documents about the claim and then attend the hearing. At the hearing you will be given the opportunity to present your documents and give your version of events.
If you do nothing and do not attend the hearing, NCAT will probably hear the application in your absence and enforceable orders may be made against you.
Carefully read the information on the application form and notice of hearing. Questions to ask yourself are:
Learn more about preparing for hearing.
You may be able to lodge a 'cross-claim' depending on the type of case. Check the relevant legislation for further information.
If you are going to lodge a cross-claim, you should do this quickly so that the applications can be heard together at the same time. You should also seek legal help or advice as a cross-claim may delay resolving the dispute.
19 Dec 2022
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.