Do You Need a Lawyer for NCAT?

The NSW Civil and Administrative Tribunal (NCAT) allows parties to be self-represented. A lawyer can only appear for you with the Tribunal’s permission, which NCAT will usually give where more than $30,000 is in dispute. Even when self-represented, having a legal practitioner assist in your case is often highly beneficial in obtaining your desired outcome. 

This article explains when you can have a lawyer at NCAT, what representing yourself involves, and how we can help, whether you are bringing a claim or responding to one. 

When Does NCAT Allow Legal Representation? 

Under section 45 of the Civil and Administrative Tribunal Act 2013 (NSW), each party presents their own case unless the Tribunal grants leave for someone to represent them. NCAT can attach conditions to that leave and can withdraw it. However, Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) permits representation without leave where a party has been granted legal assistance under the Fair Trading Act 1987 (NSW) or for proceedings under the Retail Leases Act 1994 (NSW). 

For the Consumer and Commercial Division, which hears most building, consumer and commercial disputes, NCAT’s guideline on representation lists the following circumstances where leave will generally be granted: 

• the claim or dispute is for more than $30,000
• the other party has a lawyer, or is a government agency
• you would be at a disadvantage without representation
• the case is likely to raise complex issues of law or fact

Representing Yourself at NCAT 

NCAT is designed for people to run their own cases. Representing yourself means you will explain your case to the Tribunal Member and answer questions. The hearing itself is less formal than court. 

What decides most matters, though, is the written material filed before the hearing: your application or response, your statements, evidence, documents, any independent reports, and a clear statement of the orders you want. NCAT sets strict deadlines for this material. Late or disorganised evidence can be excluded, and a case that is strong on the facts can still fail on paper. 

You do not need NCAT’s permission to get legal advice or help preparing your documents at any stage. However, you may need to seek leave to have a lawyer representation. 

Why the $30,000 Threshold Matters for Costs 

In NCAT, each party usually pays its own legal costs. However, in the Consumer and Commercial Division, where more than $30,000 is claimed or in dispute, the Tribunal may order the unsuccessful party to pay the other side’s costs without needing special circumstances. 

This works in both directions. Above $30,000, you may be able to recover your legal costs if you succeed, but you may also be ordered to pay the other party’s costs if you do not. It is one reason legal representation becomes more important as the amount in dispute grows. 

If You Are Bringing an NCAT Claim 

To prove your case, substantial preparation is required. 

• Check the time limit first. NCAT can only hear many claims if they are lodged within a set period. For some building and consumer claims this is shorter than the time you would have in court. If the deadline passes, NCAT cannot hear the claim at all.
• Understand the orders you seek. NCAT decides on the orders you ask for. Whether that is payment, rectification of work or a refund, it needs to be stated clearly and supported by your evidence.
• Gather your documents early. Contracts, correspondence, invoices, photographs, recordings, expert evidence and reports form the backbone of your case.
• Consider whether NCAT is the right forum or if it has jurisdiction. Some disputes are better suited to court. Our guide on whether NCAT or court is the right forum for a commercial dispute explains the differences.

If an NCAT Claim Has Been Made Against You 

As the respondent, the most important step is not to ignore the application. NCAT can make binding orders in your absence, and those orders can be enforced like a court judgment. 

• Note the listing date and attend the hearing.
• Check whether NCAT can hear the claim. Claims lodged out of time or outside NCAT’s powers can sometimes be stopped at the outset.
• Consider whether you have your own claim. If the applicant owes you money from the same dispute, it can usually be raised in the same proceedings, but it should be lodged early.
• Get advice before the first listing, particularly if the applicant already has a lawyer.

For a step-by-step guide, see how to respond to an NCAT application in NSW.

How Citilawyers Can Help You 

We act for applicants and respondents in NCAT matters across NSW. Where you are presenting your own case, we can assist by helping you to you arrive at the hearing properly prepared: 

• assessing your claim or defence, including time limits and whether NCAT can hear it
• preparing your application or response
• preparing your statements, documents, and written submissions
• advising on evidence, settlement and conciliation
• preparing you to present your case at the hearing

Where the dispute is over $30,000, or the matter is complex, we can apply for leave to represent you and conduct the hearing on your behalf. For commercial tribunal matters, speak with our NCAT commercial disputes lawyers. For residential building disputes, see our NCAT building disputes lawyers.

The best time to call is before you lodge a claim, or as soon as you receive one. Call (02) 9233 7737 to arrange a free initial phone consultation, or contact us today.