A ‘respondent’ is the name given to a person or business that has had an application regarding a dispute lodged against them at NCAT's Consumer and Commercial Division.
If you are named as a respondent in the application you will need to take action.
Why have I been named as the respondent?What are my options?
How can I prepare for NCAT?
Can I lodge a claim against the applicant?Respondent's checklist
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.
Enforceable orders may include an order to pay money, an order terminating a tenancy agreement, or an order to carry out an action such as repair work.
As the respondent, you will receive a copy of the application form with the notice of hearing. The application form provides details such as the orders applied for and the reasons why the orders are being asked for.
NCAT accepts and processes all applications received, however the facts of the claim can only be considered by the Tribunal at a hearing. There you will need to attend the hearing with your evidence (exceptions apply for home building, retail lease, and strata and community schemes matters).
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 no longer need to attend the hearing. You will also be asked to attempt settlement through conciliation when you attend NCAT.
If you do not agree with the application, it is in your best interest to organise your documents that are relevant to 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, the application will likely be heard in your absence and enforceable orders may be made against you.
Carefully read the information provided 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 application. For example, you cannot lodge a cross-claim in a consumer claim or motor vehicles matter. 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 independent legal advice as a cross-claim may delay the resolution of the dispute.
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