NSW Civil and Administrative Tribunal (NCAT)

Reinstatements

NCAT can reinstate proceedings that were dismissed due to the applicant's or appellant's failure to appear at the hearing.

If you were the applicant or appellant, and you have a reasonable excuse for not attending the hearing, you can apply for a reinstatement. A reinstatement means the case will be reopened and there will be a new hearing.

How to apply

Download and complete the application to reinstate proceedings form. Lodge your application at any NCAT Registry Office.

 Application to reinstate proceedings [PDF 103kB]

Fees

Fees are payable for reinstatement applications. View the fees and charges schedule or apply for a fee waiver.

Time limits

You must apply within 7 days after the Tribunal made orders dismissing the application or appeal. 

If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension.

What happens next

A Tribunal Member will decide whether to grant the reinstatement.  The matter may be listed for hearing or decided on the written material only (called a 'hearing on the papers').

Before making a decision, NCAT will send a copy of the application to the other parties and ask for their view on having the application reinstated.

Orders NCAT can make

NCAT can make the following orders in reinstatement applications:

  • If the reinstatement is granted, the Tribunal will give directions to progress the original application or appeal. 
  • If the reinstatement is not granted, the orders dismissing the original application will stay.

Legislation that applies

Civil and Administrative Tribunal Act 2013