NCAT can reinstate proceedings that were dismissed because you failed to appear at the hearing. A reinstatement reopens the case with a new hearing.
How to apply
If you are the original applicant or appellant, and you have a reasonable excuse for not attending the hearing, you can apply for a reinstatement.
Download and complete the application to reinstate proceedings form. Lodge your application at any NCAT Registry Office:
Application to reinstate proceedings (PDF , 102.1 KB).
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.