Withdraw your application

You can request to cancel your application at any time before NCAT makes a final decision in the case. This is called withdrawing your application.

Who can ask for a withdrawal?

Only an applicant or appellant or their representative may withdraw an application.

If there is more than one applicant, all applicants must provide their written consent to withdraw the application.

If you are a corporation, you can withdraw the application if written notification is received on company letterhead and signed by a relevant authorised officer or director.

How to withdraw your application

You can withdraw your application in writing or in person at the hearing. Please tell NCAT as early as possible so that we can minimise costs and inconvenience to the other parties.

A request to withdraw an application must include the following information:

  • Your file number
  • The hearing date and venue (if applicable)
  • Your name
  • Your telephone and email contact details
  • Whether the other parties have been notified of your intention to withdraw
  • Reason why the application is no longer needed (Guardianship Division only)

What happens next?

In most cases, NCAT will advise all parties that the application has been withdrawn. You will not be required to attend the hearing

Guardianship Division applications

In the Guardianship Division, applications can only be withdrawn with the permission of the Tribunal. NCAT must be satisfied that there is no longer a need for an order to be made for the person who is the subject of the application.

If the matter has not been listed, the notification that NCAT has consented to the withdrawal of the application will be by way of an order being sent to the parties. If a hearing has been organised and notices have been sent prior to the request to withdraw being received, this will need to be considered by NCAT at a hearing.

If NCAT does not consent to withdrawing the application, the hearing will proceed and you will be advised of the outcome.

Common questions

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No. The NCAT application fee is a filing fee. It is not refunded when the application is withdrawn.

You will either:

  • receive a notice from NCAT confirming the application has been withdrawn, or
  • be invited to a hearing where the withdrawal request will be considered.

If you do not receive a notice, you must assume that the original hearing will still be going ahead.

If there is more than one applicant, all must confirm their agreement in writing to withdraw the application.

NCAT will advise the Rental Bond Board that the application has been withdrawn.  The rental bond will then be released as detailed in the original rental bond claim form.

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