ACAT Urgent Application and Stay of Order — Interim Relief in ACT Civil Disputes

Sometimes the standard ACAT timeline is too slow. A default order has been made and the applicant is about to enforce it. A party is disposing of disputed property. An interim arrangement needs to be locked in before the full hearing. These situations call for an urgent application, and ACAT has a mechanism for them — but it requires the right form, a compelling reason, and realistic expectations about what "urgent" means in a tribunal context.

When to Apply for Urgent or Interim Orders

ACAT may make interim orders under section 53 of the ACT Civil and Administrative Tribunal Act 2008 before a hearing if it is satisfied a party would be disadvantaged or suffer harm without an order. Rule 62 of the ACT Civil and Administrative Tribunal Procedures Rules 2024 sets out the application process. The most common scenarios for urgent applications in civil disputes are:

• Stay of an existing order. You have been ordered to pay and want to appeal or apply to set the order aside, but enforcement is imminent. A stay suspends the order's effect while the appeal or set-aside application is determined.
• Preservation of property. The subject of the dispute (goods, a vehicle, building materials) is at risk of being sold, damaged, or disposed of before the hearing.
• Short service. You need to join a third party or serve additional documents, and the standard timeframes will not fit before the next listing.
• Extension of time. The response due date in ACAT's correspondence is approaching, you cannot meet it, and you need an order extending the time to respond.
• Set-aside of a default order. If a decision was made in your absence, you can apply under Rule 70 to have it set aside, and the urgency arises because enforcement is underway.

How to Apply

The vehicle for all interim and urgent applications is the Application for Interim or Other Orders form (PDF 231KB), available from ACAT's forms page. This is a general-purpose form — there is no separate "urgent application" form.

In the application, you must:

1. Identify the existing proceeding (XD reference number) or, if no proceeding exists yet, explain the circumstances
2. State the specific orders you are seeking (a stay, a preservation order, a time extension)
3. Set out the grounds — why the order is necessary, what harm will occur without it, and why it cannot wait for the ordinary timetable
4. Indicate whether you have notified the other party and, if not, why not

Lodge the application with the ACAT Registry in person, by post, or by email (subject to the standard email lodgement limits under Practice Note 3 of 2024). If you seek an urgent hearing, contact the registry at (02) 6207 1740 and provide full contact details and information about the urgency.

What "Urgent" Means at ACAT

ACAT decides whether your case is urgent and may ask for more information before scheduling a hearing. If required, an urgent hearing is usually scheduled within one to seven working days, depending on the availability of an ACAT Member and hearing room. If you need an order this afternoon to stop property from being removed, you may need to contact the ACT Magistrates Court or Supreme Court for injunctive relief, depending on the circumstances.

That said, ACAT does treat genuine urgency seriously. A well-drafted application that clearly explains the time pressure and the prejudice that will result from delay is more likely to receive a prompt listing than a vague request marked "urgent."

Stays of Order

A stay of order suspends the operation of an ACAT decision while a review, appeal, or set-aside application is pending. Stays are not automatic — you must apply for one, and the tribunal considers:

• Whether a stay is needed to preserve the subject matter of the dispute or prevent irreparable prejudice

If the tribunal grants a stay, it may set terms that fit the circumstances.

Practical Tips

File the application before the enforcement deadline. A stay application lodged after the order has already been enforced (funds seized, property removed) is of limited practical use. Act as soon as you know you want to challenge the order.

Notify the other party. ACAT can make interim orders without notice in exceptional circumstances, but the default expectation is that both sides are heard. If you apply without notifying the other party, explain why in the application — the registry may refuse to list it until notice is given.

Be specific about the orders you want. "I want the tribunal to stop everything" is not an order a Member can make. "I seek a stay of the order made on [date] pending determination of my set-aside application filed on [date]" is.

The ACAT Response Guide covers the full range of interim applications, set-aside procedures, and appeal pathways, including worked examples of when each mechanism is appropriate.

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