Guide to Reinstating Proceedings at NSW NCAT

Understanding the Application to Reinstate Proceedings at NSW Civil and Administrative Tribunal (NCAT)

If you have previously had a case dismissed by NCAT under section 55(1)(c) of the Civil and Administrative Tribunal Act 2013 due to your failure to appear, you may be eligible to apply for the reinstatement of your proceedings. This process allows you to request that the Tribunal reconsider your case, provided you can demonstrate a reasonable explanation for your absence and meet specific procedural requirements.

Why and When to Submit an Application for Reinstatement

The primary purpose of the Application to Reinstate Proceedings is to seek reinstatement of a case that was dismissed without a hearing due to non-appearance. It is crucial to act promptly, as the application must generally be lodged within 7 days of the dismissal decision. However, the Tribunal may extend this deadline if you can provide compelling reasons, such as illness or unforeseen circumstances.

Only the original applicant or appellant, or their representative, can submit this application. It is important to prepare supporting documentation that substantiates your reasons for missing the hearing and your request for reinstatement.

How to Prepare Your Application

Gathering Necessary Details

• Proceedings Details: Specify the NCAT division involved, the file number, and the date of the orders dismissing your case.
• Applicant Information: Provide your full name, contact details, and, if applicable, the details of your legal representative.
• Respondent Details: Include the respondent’s name and contact information, as they will be notified of your application.
• Reasons for Non-Appearance: Clearly explain why you did not attend the hearing. Attach supporting documents such as medical certificates, travel documents, or relevant communications.

Addressing Time Limits and Additional Considerations

If your application is not lodged within the 7-day window, you must provide a detailed explanation and supporting evidence to justify a request for an extension of time. The Tribunal will assess whether there are special circumstances that warrant approval.

Deciding on a Paper or Oral Hearing

The Tribunal may decide to review your application based solely on the written submissions (a 'hearing on the papers') if it considers the issues can be adequately determined without an oral hearing. You can specify your preference in your application:

• Request for a paper hearing: Suitable if your case is straightforward and well-documented.
• Request for an oral hearing: Recommended if you believe an in-person explanation is necessary.

Attach any reasons supporting your choice or explaining why a paper hearing would not suffice.

Submitting Your Application

Before lodging your application, ensure you have attached all relevant supporting documents, including evidence for your reasons and any applicable fee. The application and attachments will be shared with the other party, so avoid including confidential or sensitive information you do not wish to disclose.

Payment of the application fee can be made in person at your nearest NCAT Registry, via EFTPOS, credit card, or cash. If you are eligible for a fee waiver due to financial hardship or other qualifying circumstances, you should also submit a fee waiver request form.

Final Steps: Sign and Lodge

Complete the application form by providing your full name, signature, and date. Submit the form along with the fee at your local NCAT Registry. For location details and further assistance, you can consult the NCAT website or contact their enquiry line.

Remember, timely and well-supported applications increase your chances of having your proceedings reinstated. If successful, the Tribunal will issue directions to progress your case, potentially scheduling a new hearing or review.