NCAT can issue a summons that requires a person or organisation to give evidence at the hearing or to produce documents or other things.
A summons is a formal document which tells someone that they must give evidence at a hearing, or provide documents. The summons is "served on" (given to) the person in question. If you are a party to a matter, you may ask for a summons to be issued. The Tribunal may also issue a summons.
For more information read NCAT Procedural Direction - Summons [PDF, 57kB].
Any party to proceedings at NCAT can apply for the issue of a summons. Before applying for a summons to be issued, ask the person or organisation if they are willing to give evidence or provide the documents voluntarily.
To apply for the issue of a summons a party must:
A party should include the following information on the application for summons form:
You must provide 4 copies of the summons form to the relevant Divisional Registry: one to keep, one to serve on the recipient of the summons, one to send to the other party and one for the Tribunal file. If the recipient of the summons is the other party, then only 3 copies are required.
You can post the completed forms with the appropriate payment to NCAT or deliver and pay in person at an NCAT Registry office.
An NCAT Registrar will decide whether or not to approve the issuing of the summons. The party applying for the summons will be notified of the decision.
In some cases, a hearing may be necessary to decide whether to grant permission to issue a summons. If this is necessary, you will be notified. The hearing will be conducted by the Registrar or a judicial member.
Under section 71 of the Civil and Administrative Tribunal Act 2013 a person must not in any proceedings or application provide any information, or make any statement, to the Tribunal knowing that the information or statement is false or misleading.