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If you missed the hearing, the NSW Civil and Administrative Tribunal (NCAT) may have dismissed your application.
If you have a reasonable excuse for not going to the hearing, for example, you were in hospital, or didn't receive the notice telling you when you had to attend, you may be able to apply to NCAT to reinstate the proceedings.
The application to reinstate needs to be lodged with NCAT within seven days of the orders dismissing the proceedings. If you are out of time, NCAT may extend this time, only if there are special circumstances.
If you are out of time or are unsure as to whether you should make this application, you should get legal advice.
The following steps will help if you want to make an application to reinstate the proceedings at NCAT.
You will need one form:
You can get this form from:
You need to fill in the form. You can:
You will need to include the following information:
Sample: Application to reinstate proceedings.
When you have finished filling out the form, you need to sign and date it.
You should make a copy of the completed form and keep it for your records.
You must pay a filing fee with your application to reinstate proceedings. As at 1 July 2022, the reinstatement fee is the same as the original application made to NCAT.
In some circumstances an applicant can ask not to pay a fee (a fee waiver) or for a fee to be postponed (paid later).
For more information, see Reduced fees and fee waivers on the NCAT website.
If you are paying in person you can pay by cash, eftpos, cheque, money order or credit card. If you want to pay by credit card you must fill in a credit card authority form. NCAT will charge you a surcharge for paying by credit card.
For more information, see Fees at NCAT on the NCAT website.
You will then to lodge your application form and the filing fee to NCAT.
You can do this in person at NCAT registries, NSW Fair Trading Centres or Service NSW Centres.
NCAT will make a decision as to whether the application for reinstatement can be sufficiently dealt with without an oral hearing. If not, the Tribunal will contact you with details of the time and place the oral hearing is to take place.
If your reinstatement application has been accepted by the Tribunal, the Tribunal Member will give directions to progress your original application.
If your application to reinstate has been rejected by NCAT, you may be able to appeal the decision.
Before you decide to appeal, you should get legal advice.