Apply to set aside or vary the decision

How to apply

You must complete an Application to set aside or vary Tribunal decision form.

You may also want to fill out:

• a Credit card payment authority form, or
  
• a Request for language or disability support form.
  

You can get blank copies of these forms from:

• your nearest NCAT registry, or
  
• the Forms pages on the NCAT website.
  

In your form, you must:

• state what orders you want NCAT to set aside or vary
  
• if you are asking NCAT to vary the orders, state what orders you want NCAT to make
  
• state the grounds of your application
  
• explain why you didn’t go to the hearing and describe the evidence and arguments you would have used at the hearing.
  

You need to attach any supporting documents to your application, including a written agreement with your neighbour to set aside or vary the orders.

Ask for an extension

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:

• within seven days of the date of the decision, if you won’t be able to lodge your application in time, or
  
• after seven days has passed.
  

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.

Stay order

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.

Filing your completed 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.

Interpreter or disability support

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: 

• your nearest NCAT registry, or
  
• the Forms pages on the NCAT website.
  

You should file your completed form with your Application and supporting documents.

You will only need to file this form once. 

The decision

NCAT will hear your case:

• based on your written material only, without holding an oral hearing – this is called a ‘hearing on the papers’, or
  
• by listing your case for an oral hearing.
  

NCAT may decide to:

• grant your application to set aside or vary the decision, or
  
• dismiss your application. 
  

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.