ACAT Preliminary Conference — What to Expect as a Respondent

After you file your ACAT civil dispute response, the registry schedules a Directions Hearing — and that hearing is where the tribunal decides what happens next. Under Practice Note 2 of 2024, ACAT may refer a matter to a preliminary conference or other alternative dispute resolution before a final hearing.

The Directions Hearing Comes First

The Directions Hearing is a short procedural session before a Member or Registrar, conducted either in person at 15 London Circuit, Canberra, or via Microsoft Teams. Both parties (or their authorised representatives) must attend. The presiding official will clarify the disputed issues, assess whether alternative dispute resolution is appropriate, and — if the case is heading to trial — set an evidence timetable with deadlines for witness statements and document bundles.

If you fail to attend the Directions Hearing and you have not filed a response, the tribunal can proceed in your absence and make orders against you on the applicant's uncontradicted evidence.

Three Conference Tracks

Practice Note 2 of 2024 routes matters into one of three preliminary conference streams depending on complexity:

• Standard conference — A discussion facilitated by a Member or accredited Registrar aimed at narrowing the issues and exploring settlement.
• Conference and evaluation — The presiding member provides a non-binding assessment of each party's case after hearing both sides. This is common when the facts are relatively clear but the parties disagree on liability or quantum.
• Conference and immediate determination — The conference stream may proceed to an immediate determination. Check the notice or directions for the process set for your matter.

What to Bring

Prepare as though the matter could settle on the day:

• A copy of your filed response (Form AF2021-29) and all supporting documents
• A list of dates you are unavailable over the next three months, in case the matter is listed for a final hearing
• Any settlement proposal you are prepared to put forward (a lump sum, an instalment plan, rectification work)
• Notes on the key facts — the conference is informal, but the tribunal expects you to know your own case

Statements made during preliminary conferences and mediations are confidential and cannot be used as evidence at a later hearing under section 35 of the ACAT Act.

What Happens If You Cannot Attend

If you have a genuine scheduling conflict, contact the registry before the listed date to request an adjournment. Under Rule 53/62, if you fail to attend a scheduled conference after receiving notice, the presiding member may strike out your response or proceed to make final orders in your absence.

The ACT ACAT Response Guide includes a hearing preparation worksheet and a checklist for conference attendance that covers each of these steps.

See more Australian Capital Territory guides →