NCAT Hearing: What to Expect as a Respondent

The hearing notice says 9:30 AM. You arrive at the NCAT registry (or connect to the virtual hearing room), sign in, and wait to be called. For most consumer claims, the day starts with conciliation — and if that fails, moves to a contested hearing in the same session.

The Structure of the Day

Roll call and preliminary matters. The presiding member calls the parties, confirms everyone was properly served, and identifies the issues in dispute. If you brought an evidence bundle, it is formally marked as an exhibit.

Conciliation first. The member adjourns the hearing temporarily and directs both parties into conciliation with an NCAT conciliator. This is a structured negotiation, not a casual chat. Everything said in conciliation is without prejudice and confidential — none of it can be used as evidence if the matter goes to a hearing.

If conciliation resolves the dispute, the terms are put into Consent Orders, which are as enforceable as any other tribunal order. If it fails, the conciliator reports the impasse and the matter moves to a contested hearing, usually the same day.

Contested hearing. This is the formal part. The sequence:

1. The applicant presents their case — oral evidence, explanation of their documents, calling any witnesses
2. You cross-examine the applicant and their witnesses
3. You present your case — your evidence, your version of events, your witnesses
4. The applicant cross-examines you and your witnesses
5. Both sides make closing submissions — a brief summary of why the evidence supports your position
6. The member either makes orders on the spot or reserves the decision for written delivery later

Cross-Examination Tips for Respondents

Cross-examination is your chance to test the applicant's claims. A few ground rules:

• Ask questions, do not argue. "Did you inspect the work before complaining?" is a question. "You should have inspected the work" is an argument.
• Stick to facts you can prove. If you ask whether the applicant received an email, have the email ready to show the member.
• Do not repeat what the applicant already admitted. Move on.
• Keep it brief. The member controls the hearing and will cut off repetitive questioning.

When the applicant cross-examines you, answer the question asked. Do not volunteer additional information or try to make speeches. If you do not know the answer, say so.

What NCAT Can Order

Under Part 6A of the Fair Trading Act 1987, the tribunal can order a respondent to:

• Pay a specified sum of money
• Refund the purchase price upon return of goods
• Repair or replace faulty goods
• Supply services that were not delivered
• Declare that money is not owed (which helps the respondent)

These are among the orders NCAT may make under Part 6A of the Fair Trading Act 1987.

Common Respondent Mistakes

Bringing irrelevant evidence. Character references from friends or clients who were not involved in the transaction carry no weight. Bring documents directly connected to the disputed work or sale.

Not addressing the claim amount. Even if you believe you did nothing wrong, always address the dollar figure. If the applicant claims $12,000 for a kitchen renovation and you completed $8,000 worth of work to an acceptable standard, present evidence of the value delivered.

Ignoring the applicant's evidence. You received their documents with the application. If their photos show something different from what you remember, bring your own photos taken at the same time. If their quotes from other tradespeople are inflated, bring competitive quotes.

Not requesting an adjournment early enough. If you need more time to gather evidence (waiting on a supplier's records, for instance), apply for an adjournment at least 3 working days before the hearing. Asking for more time on the day rarely succeeds.

Support at the Hearing

You can bring a support person — a friend, family member, or business colleague. They sit with you but cannot address the tribunal unless the member gives permission. For corporate respondents, the person appearing needs a signed Authority to Act.

Interpreters are provided by NCAT at no cost, but you must request one at least 10 business days before the hearing. Contact NCAT about disability accommodations as early as possible.

The Responding to an NCAT Consumer Claim guide includes a hearing preparation checklist, evidence index template, and cross-examination planning worksheet.

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