NTCAT Default Decision When the Respondent Does Not Respond

You filed your Form 1 for a debt or other fixed sum, served the respondent properly, and the deadline for their Form 2 Response has passed without a word. The good news: for claims that qualify, you do not need to attend a hearing to get your order. Under s 101A of the Northern Territory Civil and Administrative Tribunal Act 2014 (NT), NTCAT can issue a default decision without an oral hearing when the respondent fails to respond within the prescribed timeframe.

Requirements for a Default Decision

For a claim for a debt or other fixed sum, three conditions must all be met before NTCAT will issue a default decision:

1. Valid service is proven. You must have already filed a Form 6 Unattested Declaration confirming that the sealed Form 1 and standard orders were properly served on the respondent. If your service was defective — for example, you emailed the documents without getting a read receipt or reply — NTCAT will not grant a default decision.

2. The response deadline has passed. The standard orders issued with your sealed Form 1 specify exactly how many days the respondent has to file a Form 2 Response (typically 14 to 28 days, as directed). The deadline must have expired with no response filed.

3. Form 7 is filed. Complete and file a Form 7 Unattested Declaration (Default Decision), confirming that the debt remains unpaid and outstanding and that no response has been received.

The Process Step by Step

Step 1: Confirm the response deadline in your standard orders has passed. For postal service, use Australia Post delivery or tracking proof to confirm service and complete Form 6; do not assume a deemed service date based on a fixed number of days after posting.

Step 2: Complete Form 7. Declare that the respondent was served, that the deadline for their response has expired, and that the amount claimed remains due and unpaid. Form 7 is an unattested declaration under the Oaths, Affidavits and Declarations Act 2010 (NT) — it does not need witnessing, but false statements carry criminal penalties.

Step 3: File Form 7 with NTCAT. Attach a copy of your Form 6 (proof of service) if you have not already filed it. You can file by email to [email protected], by post, or in person at the Casuarina or Alice Springs registry.

Step 4: Wait for the default decision. NTCAT will review your Form 7 and the file on the papers — no hearing is scheduled. If everything is in order, the tribunal issues a default decision ordering the respondent to pay the amount claimed, plus any disbursements (filing fee, service costs) claimed under s 132(2)(ba) of the NTCAT Act 2014.

What Happens After the Default Decision

A default decision is a binding tribunal order. If the respondent still does not pay, you move to enforcement through the NT Local Court, which can provide tools such as Property Seizure and Sale Warrants, Earnings Redirection Orders, Examination Summonses, and Winding-Up Notices. The default decision gives you the same enforcement options as any other NTCAT monetary order.

Under s 101B of the NTCAT Act 2014, a respondent against whom a default decision was made can apply to set it aside if NTCAT is satisfied they had a reasonable excuse for failing to respond. Apply using Form 3 — Ordinary Application; NTCAT's information sheet gives a 28-day deadline from the decision, which can be extended in certain circumstances.

When Default Decisions Are Not Available

Default decisions under s 101A apply to claims for a debt or other fixed sum owing. If your claim involves non-monetary relief — performance of work, return of goods — the matter will typically proceed to a hearing even if the respondent does not file a response. NTCAT may still make orders in the respondent's absence, but the process is different.

The NTCAT Small Claim Filing Guide covers the complete default decision pathway alongside the standard hearing process, with Form 7 instructions and a deadline calendar for tracking response timelines.

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