NCAT Directions Hearing: What It Is and What Happens

What a Directions Hearing Is

A directions hearing is a short procedural appointment — not a trial of your claim. The tribunal member uses it to set the timetable for your case: when evidence must be filed and served, whether expert reports are needed, and when the substantive hearing will take place.

In consumer claims at NCAT, directions are often issued after conciliation fails. Instead of proceeding straight to a contested hearing, the member sets formal deadlines for both sides to prepare and exchange evidence. Sometimes these directions are given at the end of the conciliation session; other times a separate directions hearing is scheduled.

You won't present your case or argue the merits at a directions hearing. The member isn't deciding who's right — they're deciding how and when the case will be heard.

Common Directions Issued

Standard procedural directions for consumer claims typically include:

Evidence exchange deadlines. The applicant files and serves their evidence bundle first (usually 21 days before the hearing), followed by the respondent's evidence (7–14 days before). These deadlines are strict — late evidence may be excluded under the directions for the case.

Expert evidence requirements. If either side intends to rely on an expert report (a mechanic, building inspector, or other specialist), the member may direct when the report must be served and confirm it must comply with NCAT's Expert Code of Conduct under Procedural Direction 3.

Hearing date and format. The member confirms the date, time, venue, and whether the hearing will be in person or by video/phone link.

Summons applications. If you need a third party to produce documents (like bank records) or attend as a witness, the member may authorise you to issue a summons.

Amended applications. If you need to correct the respondent's name (a common issue when trading names don't match the legal entity), the member can grant leave to amend.

How to Prepare

Directions hearings are brief — often 15–30 minutes. You don't need a full evidence bundle, but you should:

• Know your availability: the member will propose hearing dates, so have your calendar ready for the next two to three months
• Know your evidence timeline: be realistic about how long you need to gather evidence, obtain expert reports, and serve documents
• Raise any issues early: if the respondent hasn't been properly served, if you need more time, or if there's a dispute about which NCAT list the claim belongs in, raise it here rather than at the hearing

If the respondent doesn't appear at the directions hearing, the member will likely proceed and issue directions in their absence. Those directions still bind the respondent.

Adjournments

If you can't attend a directions hearing (or a substantive hearing) on the scheduled date, you need to apply for an adjournment as early as possible. File a written request through the NCAT registry explaining why you can't attend. Last-minute requests are harder to grant.

Valid reasons include medical emergencies (with a medical certificate), unavoidable work commitments, or a need for more time to obtain evidence. "I forgot" or "I wasn't ready" won't usually succeed.

The respondent can also apply for an adjournment. If both parties agree to reschedule, the member will typically accommodate the request. If only one side wants to adjourn, the member weighs the reason against the delay it causes.

What Happens If You Ignore Directions

Failing to comply with procedural directions has real consequences:

• Your evidence gets excluded: if you don't file and serve your evidence by the deadline, the tribunal can refuse to admit it at the hearing — and a case without evidence is a case you'll lose
• Your claim gets dismissed: under section 55 of the Civil and Administrative Tribunal Act 2013, the tribunal may dismiss proceedings if the applicant fails to appear or if there is a want of prosecution
• Costs: while NCAT is normally a no-cost jurisdiction, repeated adjournments or failure to follow directions can amount to the "special circumstances" that trigger a cost order

Take the directions seriously. Mark every deadline in your calendar the day you receive them. If you genuinely can't meet a deadline, apply to the registry for an extension before it passes — not after.

For a complete walkthrough of the consumer claim process from filing through directions, conciliation, and the hearing, the NCAT consumer claim guide includes a statutory deadline calendar to track all your procedural dates.

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