NCAT Form | Application to reinstate proceedings Page | 1
October 2018
Application to reinstate proceedings
SECTION 55(2) OF CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013
Complete this form to apply to reinstate proceedings that were dismissed under section 55(1)(c) of the Civil and
Administrative Tribunal Act 2013 because you failed to appear in the proceedings.
IMPORTANT INFORMATION:
This application must be made within 7 days of the decision being made, unless the Tribunal extends that time.
Only the applicant/appellant to the original proceedings or their representative can apply for a reinstatement.
Before making a decision the Tribunal Member will ask the other parties their view on having the application reinstated.
File Number
Office use only
1. PROCEEDINGS FOR REINSTATEMENT
In which NCAT Division were the proceedings that you want reinstated?
Division Administrative and Equal Opportunity Division Consumer and Commercial Division
Guardianship Division Occupational Division Appeal Panel
NCAT File Number
Date of Orders dismissing proceedings
2. APPLICANT FOR REINSTATEMENT
Only the applicant/appellant to the original proceedings or their representative can apply for a reinstatement. Provide details of
who is applying for the reinstatement of the proceedings. For multiple applicants attach details on a separate sheet
Full name
Representative name (if applicable)
Contact details Daytime telephone Mobile
Email address*
* By providing an email address you are agreeing that any NCAT notices, orders and correspondence can
be emailed to you. Please ensure the email address provided is accurate and the email account is
checked regularly.
3. RESPONDENT
A copy of the application for reinstatement will be sent to the other parties. They will usually be given time to respond to the
application to reinstatement. Complete respondent details below.
Full name
Contact details Daytime telephone Mobile
Email
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4. REASONS FOR REINSTATEMENT
The Tribunal can only reinstate proceedings if it considers there is a reasonable explanation for your failure to appear.
Explain why you did not appear at the hearing and why the proceedings should be reinstated. Attach any documents that
support your explanation such as medical certificates, travel documents, emails or other communications. Attach additional
pages if needed.
5. EXTENSION OF TIME
This application must be lodged within 7 days of the orders dismissing the proceedings. The Tribunal can extend this time if
there are special circumstances.
The application is lodged in time
OR
This application is not lodged in time and I have an explanation.
Explain why you did not lodge the application within 7 days of the dismissal and why time should be extended. Attach any
documents that support your explanation such as medical certificates, travel documents, emails or communications. Attach
additional pages if needed.
NCAT Form | Application to reinstate proceedings Page | 3
6. ON THE PAPERS HEARING
The Tribunal may deal with this application on the basis of the written material filed without holding an oral hearing (called a
‘hearing on the papers’). This can occur if the Tribunal is satisfied that the issues for determination can be adequately dealt with
without an oral hearing. If the application to reinstate proceedings is granted, the Tribunal Member will give direction to progress
the original application or appeal.
I want this application to be dealt with on the papers
OR
I do not want this application to be dealt with on the papers.
Explain why the Tribunal should not be satisfied that the application to reinstate can be adequately dealt with on the
papers. Attach additional pages if needed.
7. APPLICATION CHECKLIST
I have attached all other documents relevant to this application
Note: A copy of this application and any attachments will be sent to the other party. You should not include any confidential
information you do not want disclosed to the other party.
I have made a copy of this application for my own records
I have attached the application fee
You may need to pay an application fee when lodging your application. The fee schedule is available on the NCAT
website. Credit card payments can be made by submitting a credit card authority form with your application. Credit card
surcharges apply. Cheque or money order payments are to be made out to ‘NSW Civil and Administrative Tribunal’ or
‘NCAT. Payment can be made in person at any NCAT Registry or Service NSW Centre.
If you are unable to pay the concession fee or are not eligible, NCAT may consider waiving the fee fully or partially. To
request a fee waiver please complete the fee waiver request form
.
8. SIGNATURE
Name
Signature Date
Lodge your Application with the fee at your nearest NCAT Registry
For NCAT Registry locations refer to information on your Tribunal orders or NCAT correspondence. For all NCAT enquires
telephone 1300 006 228 or visit www.ncat.nsw.gov.au.
click to sign
signature
click to edit
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