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:
Set aside or vary decision applications must be lodged within 7 days after the decision was made
Refer to Clause 9 of the NCAT Regulations for more details. You may want to seek legal advice before making an application.
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.
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.
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.
Application to set aside or vary Tribunal decision
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.
Clause 9 Civil & Administrative Tribunal Regulation 2013
Fees and charges
Appeal an NCAT decision
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