NCAT Default Judgment and Ex Parte Hearing NSW

Missing your NCAT hearing does not pause the proceedings. The tribunal can — and routinely does — hear the claim without you, weigh the applicant's evidence, and issue binding orders on the spot.

How Ex Parte Orders Work in NCAT

When a respondent does not appear at a listed hearing, the presiding member first checks that service was properly completed under Rule 13 of the Civil and Administrative Tribunal Rules 2014. If a Notice of Hearing was sent by post, it is legally deemed received in the ordinary course of post (typically 7 working days). Email service is deemed effective when sent to a nominated address.

Once service is confirmed, the member proceeds to an ex parte hearing under Section 55 of the Civil and Administrative Tribunal Act 2013. They hear the applicant's case, review the evidence, and make orders — which can include money orders of up to $100,000 in the Consumer and Commercial Division.

This Is Not the Same as a Court Default Judgment

In the NSW Local Court, a default judgment is an administrative entry by a registrar. The registrar does not evaluate the evidence — they simply record that the defendant failed to file a Defence within 28 days and enter judgment for the claimed amount.

An NCAT ex parte order is different. A tribunal member actively evaluates the applicant's documents, tests the claim against the legislation, and decides what orders are appropriate. The respondent still loses, but the process is a substantive determination rather than a procedural stamp.

The 7-Day Set-Aside Window

After an ex parte order is made, the respondent has exactly 7 calendar days to file an Application to Set Aside or Vary the decision. This deadline comes from Clause 9 of the Civil and Administrative Tribunal Regulation 2022 and is strictly enforced.

The application requires:

• A reasonable, documented excuse for not attending (medical certificate, travel emergency, service defect)
• A prima facie arguable defence on the merits — you cannot just say you disagree; you need to show what evidence you would have presented

The filing fee is $133 for individuals or $266 for corporations. A concession rate of $33 applies with an eligible pension card or Legal Aid grant.

Filing the set-aside application does not automatically pause enforcement of the original order. If the applicant has already started registering the order with the Local Court, you need to request a stay of the original decision within your set-aside application.

How to Avoid an Absence Order

The straightforward answer: attend the hearing, or apply for an adjournment before the listing date. An adjournment request must be submitted in writing using NCAT's official form, at least 3 working days before the hearing, with supporting evidence and confirmation of whether the other party consents.

Two critical points about adjournments:

1. Submitting the request does not mean it is granted. The hearing stays active until NCAT formally issues an adjournment order.
2. Reaching an informal agreement with the applicant to postpone is not enough. Without a formal order from the tribunal, both parties are still expected to appear.

If you cannot physically attend, check whether the listing allows telephone or video attendance. Virtual attendance counts — failure to connect does not.

After an Absence Order: What Can Be Enforced

A money order from an ex parte hearing can be enforced through the Local Court according to the order's terms. The applicant can obtain a Certified Copy of Order ($105), register it with the Local Court, and then use enforcement tools including writs for the levy of property, garnishee orders on bank accounts or wages, and examination summonses.

The Responding to an NCAT Consumer Claim guide covers every step of preparing for and attending a hearing, including the full set-aside procedure with timelines and evidence requirements.

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