NTCAT Adjournment Application

Sometimes you cannot meet an NTCAT deadline or attend a scheduled hearing. A medical emergency, a pre-booked interstate trip you cannot cancel, a key witness who is unavailable on the listed date — there are legitimate reasons why you might need more time. But NTCAT does not grant adjournments just because you ask. The process is formal, the grounds must be genuine, and the timing matters.

How to Apply

An adjournment request at NTCAT is made by filing a Form 3 Ordinary Application. There is no fee for this application. The Form 3 must specify:

• The NTCAT file reference number
• The date you are asking to be adjourned (the hearing date, conference date, or compliance deadline)
• The specific reasons why you cannot attend or comply on the listed date
• The new date you are proposing (if applicable)

File the Form 3 with NTCAT and serve a copy on the other party as early as possible. Last-minute applications — filed the day before or on the morning of the hearing — are viewed far less favourably than requests made as soon as you become aware of the conflict.

What Grounds Does NTCAT Accept?

Adjournment is discretionary. The tribunal member considers the reason for the request, when you knew about the conflict, the impact on the other party, and the overall progress of the matter. Grounds that are more likely to succeed include:

• Acute medical incapacity supported by a medical certificate
• Unavailability of a key witness whose evidence is genuinely necessary
• A scheduling conflict with another court or tribunal proceeding
• Documented delay in receiving service papers (where the deadline has already passed or is imminent)
• Remote geographical disruption — severe weather, transport breakdowns affecting travel to the Casuarina or Alice Springs registry

Grounds that are unlikely to succeed on their own:

• General inconvenience or work commitments
• Wanting more time to "think about" the case
• Hoping the matter will go away
• Having started CJC mediation (which does not pause NTCAT timelines unless the tribunal formally orders it)

What Happens If You Do Not Apply and Just Do Not Show Up

Not attending a compulsory conference or hearing without a formal adjournment order is treated as non-attendance. The tribunal member can strike out your response or proceed to make orders in your absence — including final monetary orders that are fully enforceable. If you are the respondent, this effectively means losing by default.

If NTCAT makes a decision after you were absent from the relevant proceeding, you can apply to reopen it under section 80 of the NTCAT Act (Form 3, within 28 days of the decision, no fee). If NTCAT makes a default decision under section 101A because you did not respond to a debt or fixed-sum claim, the separate application is to set it aside under section 101B (Form 3, within 28 days of the decision, no fee); you must show a reasonable excuse for failing to respond. It is far easier to apply for an adjournment in advance than to undo a decision after the fact.

Calling the Registry Is Not Enough

A phone call or email to the NTCAT registry asking for an adjournment does not change your deadline or hearing date. Registry staff can provide administrative information, but they cannot grant adjournments. Only a tribunal member can issue an order adjourning a matter or extending a compliance date. Until that order is made, the original date stands.

Consider Remote Attendance as an Alternative

If the issue is physical attendance rather than timing — you are in a remote area, interstate, or have mobility limitations — a remote appearance request may solve the problem without needing an adjournment. File a Form 3 requesting permission to appear by phone or video conference. There is no fee for this either. NTCAT assesses remote appearance requests on a case-by-case basis considering distance, health and safety factors.

For the full process of responding to an NTCAT small claim — including how adjournments fit within the broader case-management framework — the NTCAT Response Guide walks through each stage.

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