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LawAccess NSW > Representing Yourself > Fences > After the decision > Applying to reinstate NCAT proceedings - Step by step guide

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​Applying to reinstate NCAT proceedings - Step by step guide

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.

Applying to reinstate NCAT proceedings - Step by step guide

Step 1: Get an application form

You will need one form:

  • Application to reinstate proceedings

You can get this form from:

Step 2: Fill in the application form

You need to fill in the form. You can:

  • download a fillable PDF form and fill it in on your computer or device, or
  • print out the form and fill it out using blue or black pen.

You will need to include the following information:

  • the details of the hearing for reinstatement
  • your details
  • the respondent's details
  • the reasons why you did not attend the hearing and why the proceedings should be reinstated. You will need to attach any relevant documents such as medical certificates, travel documents, emails or other communications.
  • whether you are in time (seven days of the orders dismissing the proceedings) to make an application. If you are not within time, you will need to provide reasons and explain why the application is not lodged within time.
  • whether you would like the Tribunal to deal with the application on the papers, which means that the Tribunal will only look at the paperwork submitted with the application and will not conduct an oral hearing for this application.
  • if you want the Tribunal to deal with the reinstatement application through holding an oral hearing, you will need to explain why and provide relevant documentation.
  • complete the checklist to make sure that you have completed all the relevant sections of the form. 

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.

Step 3: Lodge the application form and fee to NCAT

You must pay a filing fee with your application to reinstate proceedings. As at December 2019, 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 Exemptions, 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 and charges 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. 

Step 4: Wait for a response from NCAT

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.