NCAT Summons for Production NSW: How to Compel Documents or Witnesses

Sometimes the evidence you need is held by someone who is not a party to the case — a supplier who provided materials, a bank that holds transaction records, or a subcontractor who can testify about the work. If they will not hand it over voluntarily, NCAT can compel them through a summons.

What a Summons Can Do

Under Section 48 of the Civil and Administrative Tribunal Act 2013, NCAT can issue a summons requiring a person to:

• Attend the tribunal to give oral evidence as a witness
• Produce specified documents to the tribunal (a summons for production)
• Or both — attend and produce documents at the hearing

A summons is a formal tribunal requirement. Read it carefully and comply with its terms and return date.

When Respondents Need One

Common situations where a respondent might apply for a summons:

• The applicant claims they paid another tradesperson to fix your work, but will not produce the invoice — you summons the replacement tradesperson's records
• A supplier provided materials that were later found defective, and you need their quality certificates or delivery records
• A subcontractor did part of the work and can testify about the condition of the site
• Bank records showing the timing and amount of payments the applicant made (or did not make)

You do not need a summons for documents the other party already has. Those are addressed through NCAT's procedural directions — the tribunal can order the applicant to disclose relevant documents.

How to Apply

1. Complete the official Application for Summons to be Issued form from the NCAT forms page
2. Specify exactly what documents you want produced or what the witness needs to testify about. NCAT will decide whether to issue the summons.
3. Pay the filing fee: $59 (same rate for individuals and corporations, no concession available)
4. File through NCAT Online Services or at an NCAT registry

The tribunal reviews the application and decides whether to issue the summons.

Serving the Summons

Once issued, you must serve the summons personally on the person named. Postal service is not sufficient for a summons — it must be delivered directly to the individual.

You must also provide conduct money — enough to cover the person's reasonable travel expenses to attend the hearing. Budget for this cost upfront; do not assume NCAT will reimburse it.

Timing

Apply well in advance of the hearing. The tribunal needs time to consider the application, the summons needs to be issued and served, and the recipient needs reasonable time to comply. Applying a week before the hearing is usually too late.

If you know you will need third-party documents, apply as soon as the hearing date is set or when procedural directions are issued. Mention the summons application to the member during any directions hearing.

Sound Recordings of the Hearing

Separately from summonsing evidence, respondents can request a copy of the NCAT sound recording of their hearing. This is useful if you are considering a set-aside application or internal appeal and need to review what was said. The fee is $55 per hearing event, payable to the NCAT registry.

The Responding to an NCAT Consumer Claim guide includes the full evidence preparation procedure, including when and how to use summonses alongside your own evidence bundle.

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