You may be able to apply for a review of the decision, to set aside or vary the decision, or appeal the decision.
If you applied to 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.
You must complete an Application to reinstate proceedings.
You can get a blank copy of this form from:
In your form, you must:
You need to attach any supporting documents to your application.
You must apply within seven days of the date NCAT dismissed your case. After seven days, you may be able to ask for an extension of this time limit, however NCAT will not always agree.
To ask for an extension, you must complete part 5. Extension of time.
You can do this:
NCAT will only grant you an extension if there are special circumstances.
You can file your completed form at your nearest NCAT registry.
You must pay a fee to have your case reinstated. For information about fees, see Fees at NCAT on the NCAT website.
To pay by credit card, you must complete a Credit card payment authority form and file it with your Application and supporting documents.
You can get a blank copy of this form from:
In some circumstances, you may be eligible to have your fee reduced or waived. For more information, see Reduced fees and fee waivers on the NCAT website.
Before you file your completed form, you should make a copy for yourself.
You should send your application to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the NCAT website.
If your case has been listed for an oral hearing, you can ask for an interpreter or disability support to attend the hearing if you need it.
To do this, you must complete a Request for language or disability support form.
You can get a blank copy of this form from:
You should file your completed form with your Application and supporting documents.
You will only need to file this form once.
NCAT will hear your case:
NCAT may decide to:
If your case is reinstated, NCAT will give directions to progress your original application.
If your application is dismissed, the original orders will continue.
If NCAT decides not to reinstate your case, you may be able to appeal to the Appeal Panel.
You may be able to apply to set aside or vary the decision within seven days, if:
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.
You must complete an Application to set aside or vary Tribunal decision form.
You may also want to fill out:
You can get blank copies of these forms from:
In your form, you must:
You need to attach any supporting documents to your application, including a written agreement with your neighbour to set aside or vary the orders.
You must apply within seven days of the date NCAT dismissed your case. After seven days, you may be able to ask for an extension of this time limit, however NCAT will not always agree.
To ask for an extension, you must complete the Extension of time section in the form.
You can do this:
NCAT will only grant you an extension if there are special circumstances.
If you apply to set aside or vary the decision after seven days and don’t ask for an extension, your application will be dismissed.
Applying to set aside or vary the decision won’t stay (stop) the decision from being enforced. You must apply for an order to stop enforcement.
To do this, you must complete the Stay of original decision section of the form.
You can lodge your completed form and supporting documents at your nearest NCAT registry.
You must pay a fee to have your case reinstated. For information about fees, see Fees at NCAT on the NCAT website.
To pay by credit card, you must complete a Credit card payment authority form and file it with your Application and supporting documents.
In some circumstances, you may be eligible to have your fee reduced or waived. For more information, see Reduced fees and fee waivers on the NCAT website.
Before you file your completed form, you should make a copy for yourself.
You should send your application to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the NCAT website.
If your case has been listed for an oral hearing, you can ask for an interpreter or disability support to attend the hearing if you need it.
To do this, you must complete a Request for language or disability support form.
You can get a blank copy of this form from:
You should file your completed form with your Application and supporting documents.
You will only need to file this form once.
NCAT will hear your case:
NCAT may decide to:
If the original decision is set aside or varied, NCAT will list your case for a new hearing and re-hear the original application.
If your application to set aside or vary is dismissed, any stay order that was made will be lifted, and the original decision will remain in force. The original decision may be enforced if you don’t comply.
If NCAT doesn’t set aside or vary the decision, you may be able to appeal to the appeals 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:
You may be able to appeal:
You need to lodge your appeal to NCAT within 28 days from when you are notified of the original decision or from when the reasons for the decision are first given (either orally or in writing), whichever is later.
If you lodge your application after 28 days, it is up to NCAT to accept or refuse your application.
You must fill out a Notice of Appeal form.
You may also want to fill out:
You can get a blank copy of these forms from:
You can file your completed forms in person or by post.
You must file:
You should make a copy of your completed form and attachments before you file them.
You should send your forms to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the NCAT website.
When you file your forms, you will have to pay a filing fee. For more information, see Fees at NCAT on the NCAT website.
To pay by credit card, you must complete a Credit card payment authority form and file it with your Notice of Appeal and supporting documents.
If you are a pensioner or student or are eligible for a grant of legal aid or assistance from a community legal centre, you can ask to have the fee waived or reduced.
To do this, you must complete a Request for fee waiver form. Your Notice of Appeal form will not be accepted until your request for a fee waiver is decided.
For more information, see Reduced fees and fee waivers on the NCAT website.
The Appeal Panel will grant you leave to appeal if it is satisfied that you may have suffered a substantial miscarriage of justice because:
If you ask for leave to appeal, your application may be dealt with:
If you file your Notice of Appeal after 28 days, you must ask NCAT for an extension of time. You will need to complete section 7. Extension of time and explain why you didn’t appeal in time. NCAT will grant you an extension if it decides there are good reasons for not lodging the appeal within the 28 day time limit.
If you are not granted an extension of time, you application may be dismissed because it is out of time.
Filing a Notice of Appeal does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made. You can ask for a stay order by completing an Application for stay of original decision pending appeal form.
You can ask for a stay order while you are considering whether to appeal.
Usually, you will need to attend a hearing, provide evidence and make submissions as to why a stay order should be made. The other party will also have the opportunity to provide evidence and make submissions as to why a stay order should not be made.
NCAT will not make a stay order just because you have lodged an appeal. You will need to show that there are good reasons for NCAT to make a stay order.
NCAT will consider a range of factors, including:
If it is obvious that your appeal is very weak and has no real prospects of success, NCAT will likely refuse to make a stay order.
If your case has been listed for an oral hearing, you can ask for an interpreter or disability support to attend the hearing if you need it.
To do this, you must complete section 8. Hearing.
NCAT will serve a copy of your Notice of Appeal on each respondent.
After your Notice of Appeal is served, the respondent can lodge a Reply to Appeal form and any documents they want to rely on within 14 days. A copy must also be sent to you.
Your case will be listed for call over within 28 days. This is usually done by audio visual link or telephone.
At the call over, the Appeal Panel will make directions for:
If your case resolves before or at the directions or ADR, your file will be closed.
If your matter is not resolved, your appeal will go to a hearing, or be decided on the papers.
If there is a hearing, it will usually be listed for no more than half a day.
You should provide a copy of the sound recording and transcript from the original hearing to the Appeal Panel. This is especially important if you want to rely on something that was said at the original hearing.
You can get a copy of the sound recording by filing a Requesting for sound recording form and paying the fee.
NCAT does not prepare transcripts of its hearings, so you will have to get a transcript yourself.
You don’t need to have legal representation at the hearing. You can represent yourself.
If a lawyer represented you at the original hearing, they may represent you at the appeal hearing.
If a lawyer didn’t represent you at the original hearing, you will need to ask the Appeal Panel for leave (permission) to have a lawyer represent you during the appeal hearing. You can do this at the call over or later.
The Appeal Panel may decide your appeal:
An appeal will only be decided on the papers where:
Usually, you can only rely on the evidence you produced at the original hearing. However, the Appeal Panel may decide to admit new evidence if it considers it appropriate in the circumstances.
Generally, your appeal will be conducted in three stages:
If you want to provide new evidence, the Appeal Panel will decide what procedure will be followed.
After hearing your appeal, the Appeal Panel will make such orders as it considers appropriate. It may:
The Appeal Panel may give its on the day of the hearing or reserve its decision.
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.
The Appeal Panel may make a costs order against a party where:
You are not entitled to receive costs if you are unrepresented.
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.
You must complete:
You can get a blank copy of this form from:
You also need to prepare a White Folder that contains:
Your Summary of Argument should be no more than 10 pages and state:
You need to file at least four copies of your completed forms and White Folder.
You can do this in person or by post.
You will have to pay a filing fee. If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed.
For more information, see Fees on the Supreme Court of NSW website.
If you file your appeal after 28 days, you must ask the Court for an extension of time.
To do this, you must ask for an order in your Form 105 – Notice of Appeal “That time for filing an appeal be extended”
Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.
You can ask for a stay order by completing:
You must serve the Commissioner with a copy of your sealed forms and White Folder within 28 days.
You must also file a sealed copy of your forms and White Folder with NCAT.
Generally, your appeal will be a re-hearing of the evidence that you produced at the Appeal Panel hearing. The Court will only admit new evidence in exceptional circumstances where there are special grounds for doing so.
After hearing your appeal, the Court may:
If the Court dismisses your appeal, any stay order that was made will be lifted and the decision of the Appeal Panel of NCAT will stand. The decision may be enforced if you don’t comply.
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.
You need to complete:
You can do this:
You can get a copy of this form from:
You can file your completed form at the registry:
If you file your form by post, fax or email, it won’t be processed until you have paid the filing fee.
If you are experiencing financial hardship, you may be able to apply to have your fee postponed, waived or remitted.
You must serve a sealed copy of your Notice of Motion and Affidavit on the other party. You can do this by:
At the hearing, the Court will first consider whether review the order or direction of the Registrar or dismiss the application.
If the Court decides to hear your application, you need to show the Court why it is in the interests of justice to vary or discharge the order or direction.
You don’t have to show that the Registrar made an error when they made the order or direction.
If you need an interpreter at the review, you need to arrange this yourself.
Multicultural NSW provides interpreting and translation services for a fee. If you receive a pension or Centrelink benefit, or have a low income, you may be eligible to have the fee waived. For more information, see Language Services on the Multicultural NSW website.
If your review is successful, the cost of the interpreter may be included in the costs that the other party pays to you.
After hearing the review, the Court may:
If your review is unsuccessful, you may be ordered to pay some of the other party’s legal costs.
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.
If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.
You cannot appeal just because you do not like the Court’s decision.
You can only appeal if:
You can’t appeal just because you don’t like the Court’s decision.
If you are unhappy with the decision of the Local Court, you may be able to appeal to the Supreme Court within 28 days.
You can appeal on a question of law. This includes situations where the Court:
You may be able to appeal with the leave (permission) of the Court about:
You need to complete:
You can do this:
You can get blank copies of these forms from:
In your form, you must state:
If you are asking for leave to appeal, you must also state:
Your affidavit must annex:
You can file a paper form in person or by post.
You must file at least three copies of your completed form.
You should make a copy of your completed form and attachments before you file them.
You should send your forms to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the District Court of NSW website.
When you file your forms, you will have to pay a filing fee. For more information, see Civil jurisdiction forms and fees on the District Court of NSW website.
If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed.
If you post your form, it won’t be processed until you have paid the filing fee.
If you file your appeal after 28 days, you must ask the Court for an extension of time.
To do this, you must ask for an order “That time for filing an appeal be extended”.
Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.
You may be able to apply to stay (stop) the execution of the judgment or order while you get advice about whether you can appeal, or until your appeal is heard.
The Court can make orders to:
The Court can refuse to make a stay order where there is a risk that the assets of the applicant will be disposed of if the order is made. If the Court refuses your request for a stay, the other party can enforce the judgment.
To apply for a stay of enforcement, you need to complete a:
You can do this:
For more information, see Step by step guide: Stay of enforcement.
You need to serve your Summons on the other party(s) at least five days before the date your court date.
You must serve your affidavit on the other party no later than three days before the date your Summons will be heard.
You must also file a sealed copy of your Summons with the Local Court.
If you apply for a stay order, you need to serve your Notice of Motion and Affidavit on the other party at least three days before the date fixed for the motion.
Generally, your appeal will be a re-hearing of the evidence that was given at the first hearing. The Court will consider:
The Court can’t receive fresh evidence except on special grounds.
After hearing your appeal, the Court may:
If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs.
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