Consumer & Commercial

Application pro​cess​

Consumer and Commercial Division

The following information outlines how most applications to NCAT's Consumer and Commercial Division are managed from receipt of the application to the making of final orders.

Application Lodgement

To start proceedings at NCAT's Consumer and Commercial Division, an application form must be completed and lodged. 

Applications can be lodged online, by post, or in person at any NCAT Registry Office, NSW Fair Trading or Service NSW Centre.

Home Building and Strata and Community Schemes disputes must undergo an external dispute resolution process before an application can be lodged at NCAT.

Download an application form or lodge online.

Case management

Applications are case managed by one of the NCAT Registry Offices located around NSW providing a local focus for the resolution of disputes.

Listing

After an application is lodged, the matter is listed for conciliation and hearing.  The majority of applications, mainly consumer and tenancy matters, are listed for conciliation and hearing in a ‘group list’.

NCAT sends you and the other party a Notice of Conciliation and Hearing.  You can generally expect to receive a Notice within 14 days.

The Notice will include the time and place of the hearing.  You and the other party will need to attend the hearing on this date and at this time.

Conciliation

Conciliation is regularly used for tenancy, social housing, general, home building and motor vehicles matters. 

If conciliation is successful, consent orders will be made on the day without the need for a hearing.  Tribunal Members will check that the consent agreement is made without coercion. 

Where conciliation is unsuccessful, the matter proceeds to a hearing.  Learn more about the conciliation process.

Hearing

The majority of NCAT Consumer and Commercial Division applications are listed for first hearing in a ‘group list’ where a number of matters are listed together before a Tribunal Member.

The Tribunal Member will hear and evaluate the parties' evidence, consider submissions, makes a decision and issues a binding and legally enforceable NCAT order.  Learn more about the hearing process.

Orders

In most cases, the Tribunal Member will make a decision on the day of the hearing.  Most decisions are accompanied by brief oral reasons.  The decision is then typed into orders which are issued to all parties.  In very complex matters the Tribunal Members may reserve their decision.  Learn more about orders and enforcement.

2014-09-25