NTCAT Compulsory Conference and Hearing

After the respondent files their Form 2 Response, NTCAT schedules a compulsory conference. This is the step that resolves most small claims without a formal hearing — and the step that catches most self-represented applicants off guard, because the conference format is nothing like a courtroom scene.

The Compulsory Conference

A compulsory conference is an informal, presided settlement discussion. A tribunal member chairs the session with the goal of getting the parties to agree on a resolution. It is not a hearing — no evidence is formally tendered, no witnesses give testimony, and no binding orders are made unless both parties consent.

What to expect: The member will ask both sides to summarise their positions. They may ask questions to clarify the facts or test the strength of each side's case. They will often point out risks — "If this goes to a hearing and you lose, you carry your own legal costs" — to encourage settlement.

How to prepare: Bring a one-page summary of your claim with the key facts and the dollar amount. Know your bottom line: the lowest settlement you would accept. Be prepared to negotiate. If the respondent offers $4,000 on a $6,000 claim and you reject it, you need to justify why a hearing will get you the full amount.

If you reach agreement: The member drafts consent orders reflecting the agreed terms — for example, that the respondent will pay $5,000 in three monthly instalments. Both parties sign, the consent orders become binding, and the matter is closed.

If you do not reach agreement: The matter proceeds to a final hearing. The conference discussion is confidential — nothing said during the conference can be used as evidence at the hearing.

The Final Hearing

A final hearing is the formal determination of your claim. NTCAT operates with less formality than a court, but the hearing follows a structured sequence.

Opening submissions. The applicant goes first, summarising the claim and the evidence supporting it. Keep it focused on the facts: what the agreement was, what the respondent did or failed to do, and how much they owe.

Evidence presentation. Refer to your numbered evidence bundle. The presiding member will have a copy and will follow along as you walk through the key documents. Photographs, invoices, contracts, and correspondence should all be tabbed and indexed.

Respondent's case. The respondent presents their version and their evidence. You will have an opportunity to ask questions or respond.

Closing submissions. Each party summarises why the tribunal should find in their favour. This is not a second opening — address the specific evidence that was presented during the hearing.

Orders and Decisions

NTCAT may deliver a decision on the spot or reserve its decision. Under s 105 of the NTCAT Act 2014, a reserved decision must be handed down no later than 28 days after the hearing unless extraordinary circumstances prevent it.

Orders can include payment of the claimed amount (or a lesser amount), disbursement recovery under s 132(2)(ba) — your filing fee, process server costs, and ASIC search fees — and a compliance deadline by which the respondent must pay.

Adjournments and Consent Orders

If either party needs more time — to obtain evidence, engage an expert, or for personal reasons — they can apply for an adjournment. NTCAT grants adjournments only where there is a genuine reason and the other party is not unfairly prejudiced.

Consent orders can be agreed at any point before or during the hearing. If both parties reach agreement in the corridor before the hearing starts, tell the member and the agreed terms can be formalised as consent orders immediately.

Remote Hearings

Applicants in Katherine, Tennant Creek, Nhulunbuy, and other remote areas routinely attend conferences and hearings by telephone or audiovisual link. Contact the registry when filing if you need remote access arranged.

The NTCAT Small Claim Filing Guide includes a conference preparation sheet with a negotiation framework and a hearing-day evidence checklist.

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