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After the hearing

Information about what you can do after the hearing if you didn’t go, or you are unhappy with the decision in your case.

NSW Civil and Administrative Tribunal hearing

Apply to reinstate your case 

If you applied to NSW Civil and Administrative Tribunal (NCAT) and your case was dismissed because you missed the hearing, you may be able to ask NCAT to reinstate your case within seven days. 

If your case is reinstated, you will be given a new hearing. 

NCAT can only reinstate your case if you have a reasonable explanation for why you missed the hearing. 

You can’t apply to reinstate your case if you were the respondent. 

For more information, see Apply to reinstate your case.

Apply to set aside or vary the decision 

You may be able to apply to set aside or vary the decision within seven days, if: 

  • all parties agree that the decision should be changed, or  
  • you could not attend the hearing and your case was not adequately put to NCAT. 

If the decision is set aside or varied, you will be given a new hearing. 

If you are unsure whether you can apply to set aside or vary the orders, you should get legal advice.

For more information, see Apply to set aside or vary the decision.

Appeal to the Appeal Panel 

If you are unhappy with the decision made by the NSW Civil and Administrative Tribunal (NCAT), you may be able to appeal to the Appeal Panel of NCAT within 28 days. 

You may be able to appeal: 

  • on a question of law 
  • on any other question, with the leave (permission) of the Appeal Panel. 

For more information, see Appeal to the Appeal Panel.

Appeal to the Supreme Court of NSW 

If you are unhappy with the decision of the Appeal Panel, you may be able ask for leave to appeal to the Supreme Court within 28 days. 

You can only appeal on a question of law. 

The Supreme Court can’t review the merits of the NCAT decision. That is, whether the right decision was made in the circumstances. 

For more information, see Appeal to the Supreme Court of NSW.

Local Court hearing

Apply for a review of a local court decision

If you are unhappy with a direction, order or action of the Registrar during your case, you may be able to apply within 28 days for a review by the Magistrate.

Before applying for a review, you should get legal advice.

For more information, see Apply for a review of a local court decision.

Appeal a local court decision

If you are unhappy with the decision of the local court, you may be able to appeal within 28 days of the date of the decision.  In some circumstances, you may need the leave (permission) of the Court to appeal.

Appealing the judgment won’t automatically stay (stop) the judgment from being enforced. You must apply to stay enforcement of the judgment.

Before filing an appeal, you should get legal advice. If your appeal is unsuccessful, it is very likely you will be ordered to pay the other party’s legal costs.

For more information, see Appeal a local court decision.