NSW Civil and Administrative Tribunal (NCAT)

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​Set aside or vary decision

NCAT can make orders to set aside (overturn) or vary (change) a final decision under clause 9 of the Civil and Administrative Tribunal Regulation 2013.

You can apply to set aside or vary a Tribunal decision in either of the following circumstances:

  1. ​All parties agree that the decision should be set aside or varied, or
  2. You could not attend the hearing and your case was not adequately put to the Tribunal.

Set aside or vary decision applications must be lodged within 7 days after the decision was made

Refer to Clause 9 of the NCA​​T Regulations for more details. ​You may want to seek legal advice​ before making an application.

​How is the application decided?

NCAT decides set aside or vary decision applications 'on the papers' without a hearing.  Provide as much information and documentation supporting your application as possible​.

Application is granted

If your application is granted, NCAT will tell you in writing and issue new notices of hearing.  The original application will be dealt with by the Tribunal as a fresh hearing​. 

A successful application to set aside or vary a decision does not mean that you will be successful at the next hearing.

Application is refused

If your application is refused, the original orders will remain in full force and effect. If a stay order was granted with your application, the stay will be lifted and the previous orders will become effective immediately.

 

​Make an application​

PDF

 Application to set aside or vary Tribunal d​ecision​​​

You may have to pay a fee to apply to NCAT to set aside or vary a decision. Learn more about fees or apply for a fee waiver.​
 

​Quick links​​​​

Clause 9 Civil & Administrative Tribunal Regulation 2013

Fees and charges

Appeal an NCAT decision

Need legal advice or information?

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