Timetable for providing evidence in Guardianship Division proceedings

NCAT Procedural Direction 8

Commencement

1.   This Procedural Direction was issued on 30 June 2026, commences on 13 July 2026 and will apply to proceedings lodged with the Tribunal on or after 13 July 2026.

Introduction

2.  This Procedural Direction explains when parties to certain types of proceedings in the Guardianship Division are required to lodge documents or other material with the Tribunal and give that material to the other parties to the proceedings, if they want that material considered as evidence in the proceedings.

3.  This Procedural Direction is to be read together with NCAT Procedural Direction 1: Service and Giving Notice.

Scope of this Procedural Direction

4.  This Procedural Direction applies to applications made to the Guardianship Division for:

(a) guardianship orders; 
(b) requests to review guardianship orders; 
(c) financial management orders; 
(d) requests to review financial management orders; 
(e) requests to review appointments of financial managers; 
(f) requests to review enduring guardianship appointments; 
(g) requests to review the making of, and/or the operation and effect of, enduring powers of attorney; 
(h) requests to review the revocation of enduring powers of attorney.

5.  This Procedural Direction does not apply to:

(a) applications for consent to medical or dental treatment; 
(b) applications for approval of a clinical trial; 
(c) applications for recognition of an interstate appointment; 
(d) applications for ancillary or interlocutory orders; 
(e) end-of-term reviews of guardianship orders; 
(f) reviews of reviewable financial management orders.

6.  This Procedural Direction does not apply where the Tribunal has made directions in a particular proceeding that specify when documents or other material must be lodged with the Tribunal and given to parties.

Timetable for providing evidence (except for urgent matters)

7.   When making an application to the Tribunal, the applicant must at the same time lodge with the Tribunal all documents or other material the applicant wants the Tribunal to consider in support of that application (supporting evidence).

8.  Within seven (7) days of making the application to the Tribunal, the applicant must give a copy of the application and the supporting evidence to all other parties.

9.  Within fourteen (14) days of receiving the application and any supporting evidence from the applicant, each party (except the applicant) must lodge with the Tribunal any documents or other material the party wants the Tribunal to consider (as that party’s evidence) and must, at the same time, give copies of that evidence to all other parties, including the applicant.

10.  Within seven (7) days of receiving any evidence from another party under [9] above, the applicant must lodge with the Tribunal any documents or other material in response (evidence in reply) and must, at the same time, give copies of that evidence in reply to all other parties.

11.  The timetable described above at [7] – [10] does not apply where the application is listed for hearing on an urgent basis (that is, within 28 days of the application being made to the Tribunal). See [15] below.

Further evidence 

12.  In limited circumstances, a party may lodge with the Tribunal, and give to all other parties, further documents or other material (further evidence) in addition to any evidence provided in accordance with [7] – [10]. These circumstances include:

(a)  where there has been a material change in the circumstances of the person who is the subject of the application (the subject person), for example:

(i)  the decision-making capacity of the subject person has materially improved or deteriorated; or

(ii)  the living or support arrangements of the subject person have materially changed and that change is relevant to an issue the Tribunal must decide in determining the application; or

(iii)  the financial position of the subject person has changed and that change is relevant to an issue the Tribunal must decide in determining the application;

(b)  significant evidence becomes available that was not reasonably available to a party earlier (that is, at the time that party provided evidence in accordance with [7]-[10]);

(c)  where there has been a significant delay between the date the application was lodged with the Tribunal and the date of the hearing of that application, including where the delay has been caused by an adjournment of the hearing.

13.  If a party wants the Tribunal to consider further evidence, the party must lodge that further evidence with the Tribunal and give copies of that evidence to all other parties as soon as possible, and no later than twenty-one (21) days before the hearing.

14.  Any party wishing to reply to further evidence provided by another party in accordance with [12] must lodge that evidence with the Tribunal and give copies of that evidence to all other parties as soon as possible, and no later than ten (10) days before the hearing.

Urgent matters

15.  Where a matter is listed for hearing on an urgent basis (that is, within 28 days of the application being made to the Tribunal):

(a)  the applicant must give the application and any supporting evidence lodged with the Tribunal to all other parties as soon as possible;

(b)  all other parties must lodge with the Tribunal and give to each other (including the applicant) all evidence those parties want the Tribunal to consider as soon as possible.

Relevance

16.  If the Tribunal decides that any evidence provided by a party is not relevant to the issues in the proceedings, the Tribunal may decide not to admit or consider that evidence.

Compliance and other matters

17.  Nothing in this Procedural Direction prevents the Tribunal from giving directions it considers appropriate concerning the lodgement or service of documents in any particular proceeding.

18.  The Tribunal will not consider evidence that has not been provided in accordance with this Procedural Direction, except where the Tribunal decides it is in the interests of justice to do so.

19.  To avoid doubt, this Procedural Direction does not apply to internal appeals from decisions of the Guardianship Division.

20.  This Procedural Direction is made by the President under s 26 of the Civil and Administrative Tribunal Act 2013.

Definitions

Armstrong J
President

Issued: 30 June 2026