How to Set Aside an NCAT Decision in NSW

An NCAT decision made while you were absent is not permanent — but the window to challenge it is short. You have 7 calendar days from the date the decision was made to file an Application to Set Aside or Vary the decision under Clause 9 of the Civil and Administrative Tribunal Regulation 2022.

Set Aside vs. Appeal: Two Different Paths

These are separate procedures that respondents regularly confuse.

A set-aside application is for decisions made in your absence. It asks the tribunal to cancel the ex parte order and relist the matter for a fresh hearing. The test is whether you had a reasonable excuse for not attending and whether you have an arguable case on the merits.

An internal appeal under Section 80 of the Civil and Administrative Tribunal Act 2013 is for decisions you disagree with after attending and losing. Appeals require a question of law (as of right) or leave from the Appeal Panel for questions of fact. The deadline is 28 days, and the fee is $540 for individuals or $1,080 for corporations.

If you missed the hearing, start with the set-aside application. It is faster, cheaper, and does not require proving an error of law.

The 7-Day Deadline

The 7 calendar days run from the date the decision was made — not the date you found out about it. If the decision was made on a Monday, the application must be filed by the following Monday.

If you miss the 7-day window, you can still apply, but you must include a formal request for an extension of time in Part 5 of the application form. NCAT grants extensions only in exceptional circumstances, so file as early as possible.

What You Need to Show

Your application must establish two things:

1. A reasonable excuse for non-attendance. Explain why you could not attend and support it with documents where possible. Examples to explain and document include:

• Medical emergency with a doctor's certificate dated on or before the hearing
• Interstate or overseas travel booked before the notice was received, with travel documents
• Defective service — you can demonstrate you never received the Notice of Hearing
• Hospitalisation or serious illness affecting you or an immediate family member

Reasons that may need more explanation on their own include:

• "I forgot" or "I was busy with work"
• "I thought the applicant was going to withdraw"
• "I did not understand the papers"

2. A prima facie arguable defence. You need to outline what evidence and arguments you would have presented. The tribunal is not deciding the merits — just whether there is enough substance to justify a fresh hearing. Attach your proposed evidence bundle if you have one ready.

Filing the Application

Use the official Application to Set Aside or Vary Tribunal Decision form, available from the NCAT forms page or through NCAT Online Services. The filing fee is $133 for individuals, $266 for corporations, or $33 at the concession rate (eligible pension card or Legal Aid grant holders).

File online through NCAT Online Services or in person at an NCAT registry (Sydney Central, Parramatta, Newcastle, or Wollongong). You must also serve a copy on the applicant.

Enforcement Does Not Stop Automatically

Filing the set-aside application does not pause the original order. The applicant can still take the decision to the Local Court for enforcement — including writs for levy of property and garnishee orders on your bank account.

To prevent this, complete the Stay of Original Decision section in your application form. This asks NCAT to issue an interim stay stopping enforcement until the set-aside application is decided. Without this request, enforcement can proceed in parallel with your application.

What Happens Next

Set-aside applications are frequently decided on the papers — the member reads your application and the applicant's response and makes a decision without an oral hearing. If granted, the original orders are revoked and the matter is relisted for a full hearing where both sides present their cases from scratch. If refused, the original orders stand and any temporary stay is lifted.

The Responding to an NCAT Consumer Claim guide includes the full set-aside procedure with a timeline tracker and evidence preparation worksheets.

See more New South Wales guides →