{"id":"nsw:sl-2014-0026","name":"Civil and Administrative Tribunal Rules 2014","slug":"civil-and-administrative-tribunal-rules-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"26 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177860,"registerId":"nsw-nsw:sl-2014-0026-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of rules","content":"#### 1 Name of rules\n\n1 Name of rules\n\n> These rules are the [Civil and Administrative Tribunal Rules 2014](/view/html/inforce/current/sl-2014-0026).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> These rules commence on the day on which they are published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In these rules—\n> > \n> > address for service—see rule 16.\n> > \n> > applicable fee, in relation to a matter, means—\n> > \n> > > (a) if a fee is prescribed by the regulations under the Act for the matter—the prescribed fee, or\n> > \n> > > (b) if the regulations authorise the principal registrar to determine and charge the fee for the matter—the fee determined and charged by the principal registrar.\n> > \n> > approved form, in relation to a document, means the form approved by the President or principal registrar from time to time.\n> > \n> > DX address and DX box have the same meanings as in the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418).\n> > \n> > originating document means a document by means of which proceedings in the Tribunal are commenced by a party (including a notice of appeal).\n> > \n> > Registry means—\n> > \n> > > (a) an office of the principal registrar, or\n> > \n> > > (b) such other place approved by the President or principal registrar for the lodgment of documents with the Tribunal.\n> > \n> > reply means a reply to an originating document.\n> > \n> > residential proceedings means proceedings allocated to the Consumer and Commercial Division of the Tribunal arising under any of the following—\n> > \n> > > (a) the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074),\n> > \n> > > (b) the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097),\n> > \n> > > (c) the [Residential Parks Act 1998](/view/html/repealed/current/act-1998-142),\n> > \n> > > (d) the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042),\n> > \n> > > (e) the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081).\n> > \n> > the Act means the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> > \n> > working day means a day that is not a Saturday, Sunday or public holiday.\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of these rules.\n> \n> > (2) A document is not duly completed for the purposes of these rules if it does not include, or is not accompanied by, a search or other document or information specified by the approved form for the document.\n> \n> > (3) Notes included in these rules do not form part of these rules.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of rules","content":"#### 4 Application of rules\n\n4 Application of rules\n\n> > (1) These rules replace the NCAT Interim Rules 2014 set out in the former Schedule 3 to the [Civil and Administrative Tribunal Regulation 2013](/view/html/repealed/current/sl-2013-0718).\n> > \n> > Note—\n> > \n> > The NCAT Interim Rules 2014 were repealed by the former clause 11 of the [Civil and Administrative Tribunal Regulation 2013](/view/html/repealed/current/sl-2013-0718) on the day on which these rules came into force.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the NCAT Interim Rules 2014, had effect under those Rules continues to have effect under these rules.\n> \n> > (3) These rules apply to proceedings in the Tribunal subject to any provisions of enabling legislation or a Division Schedule for a Division of the Tribunal that are applicable to the practice and procedure to be followed in proceedings of the kind concerned.\n> \n> > (4) Nothing in these rules is intended to limit the application of the guiding principle referred to in section 36 of the Act when the Tribunal exercises a power given to it by these rules or interprets a provision of these rules.\n> > \n> > Note—\n> > \n> > Section 36(1) of the Act provides that the guiding principle for the Act and the procedural rules, in their application to proceedings in the Tribunal, is to facilitate the just, quick and cheap resolution of the real issues in the proceedings.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Dispensation from rules","content":"#### 5 Dispensation from rules\n\n5 Dispensation from rules\n\n> The Tribunal, the President or a Division Head may dispense with compliance with any requirement of these rules, either before or after the occasion for compliance arises.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Time","content":"# Part 2 Time\n\nPart 2 Time","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Reckoning of time","content":"#### 6 Reckoning of time\n\n6 Reckoning of time\n\n> > (1) Any period of time fixed by these rules, or by any order or other decision of the Tribunal or a registrar or by any document in any proceedings, is to be reckoned in accordance with this rule.\n> \n> > (2) If a time of one day or longer is to be reckoned by reference to a given day or event, the given day or the day of the given event is not to be counted.\n> \n> > (3) If, apart from this rule, the period in question, being a period of 5 days or less, would include a day or part of a day on which the Registry is closed, that day is to be excluded.\n> \n> > (4) If the last day for doing a thing is, or a thing is to be done on, a day on which the Registry is closed, the thing may be done on the next day on which the Registry is open.\n> \n> > (5) Section 36 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) (which relates to the reckoning of time) does not apply to these rules.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Fixing time period","content":"#### 7 Fixing time period\n\n7 Fixing time period\n\n> If no time is fixed by the Act, enabling legislation or these rules for the doing of any thing in or in connection with any proceeding before the Tribunal, the Tribunal may fix the time within which the thing is to be done.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Applications for extensions of time","content":"#### 8 Applications for extensions of time\n\n8 Applications for extensions of time\n\n> An application for an extension of time made under section 41 of the Act must be made in writing unless the Tribunal dispenses with that requirement.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Electronic case management","content":"# Part 3 Electronic case management\n\nPart 3 Electronic case management","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Definitions","content":"#### 9 Definitions\n\n9 Definitions\n\n> In this Part—\n> \n> ECM system means an electronic case management system established for the Tribunal under clause 2 of Schedule 1 to the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008).","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Electronic lodging of documents","content":"#### 10 Electronic lodging of documents\n\n10 Electronic lodging of documents\n\n> > (1) In any proceedings in which the ECM system is available for use, a document may be lodged on behalf of a party, by means of the ECM system, by any of the following—\n> > \n> > > (a) the party,\n> > \n> > > (b) a person who has been directed to lodge the document by the party.\n> \n> > (2) When lodged by means of the ECM system, a document that is required to be signed by a person is taken—\n> > \n> > > (a) to have been duly signed, and\n> > \n> > > (b) to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008),\n> > \n> > if the person’s name is printed where his or her signature would otherwise appear.\n> \n> > (3) A document that is lodged by means of the ECM system is so lodged as soon as it is received and accepted by a registrar.\n> \n> > (4) A registrar must accept a document that is lodged by means of the ECM system unless the registrar refuses to accept the document in accordance with any directions given under subrule (5).\n> > \n> > Note—\n> > \n> > See also rule 22.\n> \n> > (5) The President may give directions in relation to the acceptance of documents lodged by means of the ECM system, either generally or for particular proceedings.\n> \n> > (6) Notice, and the date, of the lodging and acceptance of a document is to be given, by means of the ECM system, to the person by whom the document was lodged.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Electronic issuing of documents","content":"#### 11 Electronic issuing of documents\n\n11 Electronic issuing of documents\n\n> A registrar may, by means of the ECM system, issue a document to any party who has agreed to use the ECM system for the proceedings.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Format of documents lodged or issued electronically","content":"#### 12 Format of documents lodged or issued electronically\n\n12 Format of documents lodged or issued electronically\n\n> The President may, in the case of documents lodged with the Tribunal, or issued by the Tribunal, by means of the ECM system, approve the format in which such documents are to be lodged or issued.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Service","content":"# Part 4 Service\n\nPart 4 Service","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Service, giving and lodgment of notices or documents","content":"#### 13 Service, giving and lodgment of notices or documents\n\n13 Service, giving and lodgment of notices or documents\n\n> > (1) Application of rule This rule applies for the purposes of each of the following—\n> > \n> > > (a) the Act and the statutory rules under the Act,\n> > \n> > > (b) the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) and the regulations under that Act.\n> \n> > (2) Means for service or giving of notices and documents A notice or document may be served on or given to a person or body—\n> > \n> > > (a) by means of personal service, or\n> > \n> > > (b) by posting a copy of the notice or document, addressed to the person or body—\n> > > \n> > > > (i) to the person’s or body’s address for service, or\n> > > \n> > > > (ii) if the person or body does not have an address for service, to the person’s or body’s business or residential address (or the business or residential address last known to the person or body serving the notice or document), or\n> > \n> > > (c) by leaving a copy of the notice or document, addressed to the person or body—\n> > > \n> > > > (i) at the person’s or body’s address for service, or\n> > > \n> > > > (ii) if the person does not have an address for service, at the person’s or body’s business or residential address (or the business or residential address last known to the person or body serving the notice or document), or\n> > \n> > > (d) in the case of a Government Department—by leaving a copy of the notice or document at, or by posting the notice or document to, any office of that Department addressed to the head of the Government Department, or\n> > \n> > > (e) in the case of a person or body whose address for service includes a DX address in New South Wales—by leaving a copy of the notice or document, addressed to the person or body, in the DX box at that address or in another DX box for transmission to that DX box, or\n> > \n> > > (f) in the case of a person or body that has consented to service by means of a fax sent to a fax number specified by the person or body—by faxing a copy of the notice or document, addressed to the person or body, to that fax number, or\n> > \n> > > (g) in the case of a person or body that has consented to electronic service by means of an email address or mobile phone number specified by the person or body—by transmitting the notice or document in an electronic format, addressed to the person or body, to that address or number, or\n> > \n> > > (h) in the case of service on a corporation—by serving a copy of the notice or document on the corporation in any manner in which service of such a notice or document may, by law, be served on the corporation, or\n> > \n> > > (i) in such other manner as the Tribunal or a registrar may direct in a particular case.\n> \n> > (3) Service, giving and lodgment of documents with Tribunal A notice or document may be served on, given to or lodged with the Tribunal—\n> > \n> > > (a) by leaving it at the Registry, or\n> > \n> > > (b) by sending it by post to the Registry, or\n> > \n> > > (c) by any other means, including electronic means, as the Tribunal has made available for use for the service, giving or lodgment of notices or documents with the Tribunal.\n> \n> > (4) When notice or document taken to be served, given or lodged Unless the contrary is proved, the time at which a notice or document is taken to be served, given or lodged is—\n> > \n> > > (a) in the case of a copy of a notice or document that is posted—at the end of the seventh working day after the date on which the notice or document was posted to the person, or\n> > \n> > > (b) in the case of a copy of a notice or document that is left in a DX box in accordance with subrule (2)(e)—at the end of the second working day following the day on which the copy is so left, or\n> > \n> > > (c) in the case of a copy of a notice or document that is faxed in accordance with subrule (2)(f)—at the end of the first working day following the day on which the copy is so faxed, or\n> > \n> > > (d) in the case of a notice or document that is served electronically in accordance with subrule (2)(g)—\n> > > \n> > > > (i) if the notice or document that is served has been filed in, or issued by, the Tribunal by means of an ECM system referred to in Part 3—at the time provided by clause 13 of Schedule 1 to the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008), or\n> > > \n> > > > (ii) if the notice or document that is served has not been filed in, or issued by, the Tribunal by such means—at the time provided by section 13A of the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008).\n> \n> **rule 13:** Am 2018 (768), cl 3 (1); 2022 (243), cl 3.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Proof of service of document","content":"#### 14 Proof of service of document\n\n14 Proof of service of document\n\n> If a party to proceedings before the Tribunal is required to serve a document on another person by the Act or these rules, the Tribunal or a registrar may require the party to furnish the Tribunal with such proof of its service as the Tribunal or registrar may require.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Substituted and informal service generally","content":"#### 15 Substituted and informal service generally\n\n15 Substituted and informal service generally\n\n> > (1) If a document that is required or permitted to be served on a person in connection with any proceedings before the Tribunal—\n> > \n> > > (a) cannot practicably be served on the person, or\n> > \n> > > (b) cannot practicably be served on the person in the manner provided by law,\n> > \n> > the Tribunal or a registrar may direct that, instead of service, such steps be taken as are specified by the Tribunal or registrar for the purpose of bringing the document to the notice of the person concerned.\n> \n> > (2) The Tribunal or a registrar may direct that the document be taken to have been served on the person concerned on the happening of a specified event or on the expiry of a specified time.\n> \n> > (3) If steps have been taken, otherwise than under a direction under this rule, for the purpose of bringing the document to the notice of the person concerned, the Tribunal or a registrar may direct that the document be taken to have been served on that person on a date specified by the Tribunal or registrar.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Documentation","content":"# Part 5 Documentation\n\nPart 5 Documentation","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Address for service","content":"#### 16 Address for service\n\n16 Address for service\n\n> > (1) An originating document or reply lodged with the Tribunal must contain an address for service in respect of the person or body lodging the document.\n> \n> > (2) A person’s or body’s address for service is to be the address of a place in New South Wales (other than a DX address)—\n> > \n> > > (a) at which documents in the proceedings may be left for the person or body during ordinary business hours, and\n> > \n> > > (b) to which documents in the proceedings may be posted for the person or body.\n> \n> > (3) A person or body may include a DX address in New South Wales (along with an address of a place in New South Wales) as part of the person’s or body’s address for service.\n> \n> > (4) A person or body may also consent to the electronic service of notices and documents in proceedings by means of an email address, fax number or mobile phone number specified by the person or body.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Stamping and lodgment of documents","content":"#### 17 Stamping and lodgment of documents\n\n17 Stamping and lodgment of documents\n\n> If an originating document or reply is lodged with the Tribunal (or a summons is issued by the Tribunal)—\n> \n> > (a) the date of lodgment (or issue) must be recorded on the document (or summons), and\n> \n> > (b) the document or summons may be sealed with the seal of the Tribunal.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Approved form for documents generally to be used","content":"#### 18 Approved form for documents generally to be used\n\n18 Approved form for documents generally to be used\n\n> > (1) Subject to these rules, any document to be used in proceedings before the Tribunal is to be in or to the effect of the approved form.\n> \n> > (2) The principal registrar may make any approved form available to any person on request.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Form of documents if no approved form","content":"#### 19 Form of documents if no approved form\n\n19 Form of documents if no approved form\n\n> If there is no approved form for a document to be used in proceedings before the Tribunal, a party may use a form of the party’s own devising, but only if it contains such information as may be required by a registrar.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Registrar may accept documents that are not in approved form","content":"#### 20 Registrar may accept documents that are not in approved form\n\n20 Registrar may accept documents that are not in approved form\n\n> > (1) The Tribunal or a registrar may accept any application or other document for lodgment with the Tribunal even though it does not comply with the approved form if the Tribunal or registrar considers it appropriate to do so.\n> \n> > (2) Before accepting any such application or other document, the Tribunal or a registrar may require the person or body on whose behalf the document is being lodged to give the Tribunal or registrar such further information as the Tribunal or registrar may require within such period as may be specified by the Tribunal or registrar.\n> \n> > (3) A document accepted by the Tribunal or a registrar under this rule is taken to be duly lodged.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Tribunal or registrar may accept documents that are not duly completed","content":"#### 21 Tribunal or registrar may accept documents that are not duly completed\n\n21 Tribunal or registrar may accept documents that are not duly completed\n\n> > (1) With the approval of the Tribunal or a registrar, a document that is not duly completed may be accepted for lodgment.\n> \n> > (2) Before accepting a document that is not duly completed for lodgment, the Tribunal or registrar may require the person or body on whose behalf the document is being lodged to give an undertaking to the Tribunal that the document will be resubmitted in the proper form within such period as is specified by the Tribunal or registrar.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Rejection of incorrectly lodged documents","content":"#### 22 Rejection of incorrectly lodged documents\n\n22 Rejection of incorrectly lodged documents\n\n> > (1) Without limiting rule 10, 20 or 21, the Tribunal or a registrar may reject a document that has been lodged with the Tribunal (whether in hard copy or by electronic means) if—\n> > \n> > > (a) the document is not in or to the effect of the approved form, has not been duly completed or does not comply with any other requirement of these rules in relation to the document, or\n> > \n> > > (b) the applicable fee (if any) for the lodgment of the document has not been fully paid.\n> \n> > (2) The Tribunal or a registrar may dismiss any application or appeal that has been commenced by means of a document that is rejected under this rule.\n> \n> > (3) The dismissal of an application or appeal under this rule does not prevent the applicant or appellant from re-commencing proceedings by lodging another application or appeal that complies with the requirements of these rules and any other applicable legislation.\n> \n> **rule 22:** Am 2016 (532), cl 3.","sortOrder":26},{"sectionNumber":"Part 6","sectionType":"part","heading":"Commencement of proceedings","content":"# Part 6 Commencement of proceedings\n\nPart 6 Commencement of proceedings","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"General applications","content":"#### 23 General applications\n\n23 General applications\n\n> > (1) A general application must be—\n> > \n> > > (a) in or to the effect of the approved form, and\n> > \n> > > (b) duly completed, and\n> > \n> > > (c) lodged at the Registry, and\n> > \n> > > (d) accompanied by the applicable fee (if any) for the application.\n> \n> > (2) A general application need not specify the Division of the Tribunal to which the function of determining the application is allocated by the Act. However, if the appropriate Division is not specified or an incorrect Division is specified, a registrar may complete or alter the application form accordingly.\n> \n> > (3) Unless the Tribunal grants an extension under section 41 of the Act, an application must be made—\n> > \n> > > (a) in the case where enabling legislation specifies the period within which the application is to be made—within the period specified, or\n> > \n> > > (b) in any other case—within 28 days from the day on which the applicant became entitled under the enabling legislation to make the application.\n> \n> > (4) This rule does not apply to a referral to the Tribunal by the Ombudsman of a legal question for an advisory opinion under section 35C of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Administrative review applications","content":"#### 24 Administrative review applications\n\n24 Administrative review applications\n\n> > (1) An administrative review application must be—\n> > \n> > > (a) in or to the effect of the approved form, and\n> > \n> > > (b) duly completed, and\n> > \n> > > (c) lodged at the Registry, and\n> > \n> > > (d) accompanied by the applicable fee (if any) for the application.\n> \n> > (2) An administrative review application need not specify the Division of the Tribunal to which the function of determining the application is allocated by the Act. However, if the appropriate Division is not specified or an incorrect Division is specified, a registrar may complete or alter the application form accordingly.\n> \n> > (3) Unless the Tribunal grants an extension under section 41 of the Act, an application must be made—\n> > \n> > > (a) in the case where enabling legislation specifies the period within which the application is to be made—within the period specified, or\n> > \n> > > (b) in any other case—by the end of the default application period.\n> \n> > (4) The default application period for the purposes of subrule (3)(b) is—\n> > \n> > > (a) in the case where the applicant has duly applied for an internal review of the administratively reviewable decision under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076)—the period of 28 days after the day on which the internal review is taken to have been finalised under section 53(9) of that Act, or\n> > \n> > > (a1) in the case of an administrative review application under section 55 of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133)—the period of 28 days after—\n> > > \n> > > > (i) if an internal review under section 53 of that Act is completed within 60 days from the day on which the application for the internal review was received by the public sector agency concerned—the day on which the applicant was notified of the result of the internal review, or\n> > > \n> > > > (ii) if an internal review under section 53 of that Act is not completed within that 60-day period—the day on which the 60-day period expires or the day on which the applicant was notified of the result of the internal review (whichever is the later), or\n> > \n> > > (b) in any other case—the period of 28 days after—\n> > > \n> > > > (i) if the applicant has requested reasons under section 49 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) for the administratively reviewable decision—the day on which the applicant was either provided with a statement of reasons under section 49 of that Act or notified under section 50 of that Act of a refusal to provide reasons, or\n> > > \n> > > > (ii) if the applicant has not requested reasons under section 49 of that Act—the day on which the applicant was notified of the making of the administratively reviewable decision.\n> \n> **rule 24:** Am 2014 (731), cl 3.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"External and internal appeals","content":"#### 25 External and internal appeals\n\n25 External and internal appeals\n\n> > (1) An external or internal appeal (including, where required, an application for leave to appeal) may be made by lodging a notice of appeal.\n> \n> > (2) The notice of appeal must be—\n> > \n> > > (a) in or to the effect of the approved form, and\n> > \n> > > (b) duly completed, and\n> > \n> > > (c) lodged at the Registry, and\n> > \n> > > (d) accompanied by the applicable fee (if any) for the appeal.\n> \n> > (3) A notice of appeal need not specify the Division of the Tribunal (if any) to which the function of determining the appeal is allocated by the Act. However, if the appropriate Division is not specified or an incorrect Division is specified, a registrar may complete or alter the notice form accordingly.\n> \n> > (4) Unless the Tribunal grants an extension under section 41 of the Act, an external or internal appeal must be lodged—\n> > \n> > > (a) in the case where the enabling legislation specifies the period within which the appeal is to be made—within the period specified, or\n> > \n> > > (b) in the case of an internal appeal against a decision made in residential proceedings—within 14 days from the day on which the appellant was notified of the decision or given reasons for the decision (whichever is the later), or\n> > \n> > > (c) in any other case—within 28 days from the day on which the appellant was notified of the decision to be appealed or given reasons for the decision (whichever is the later).\n> \n> > (4A) For the purposes of subrule (4), the day on which reasons are given is the day on which reasons are first given, whether orally or in writing.\n> \n> > (5) An appellant who lodges a notice of appeal must serve on each respondent a sealed copy of the notice as soon as practicable after lodging the notice.\n> \n> **rule 25:** Am 2019 (496), cl 3(1).","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Reply to application or appeal","content":"#### 26 Reply to application or appeal\n\n26 Reply to application or appeal\n\n> > (1) This rule applies to the following (a relevant application or appeal)—\n> > \n> > > (a) a general application,\n> > \n> > > (b) an administrative review application,\n> > \n> > > (c) an external appeal,\n> > \n> > > (d) an internal appeal.\n> \n> > (2) Subject to subrule (4), a respondent to a relevant application or appeal may lodge a reply to the application or appeal with the Tribunal setting out the respondent’s response to the application or appeal.\n> \n> > (3) A reply must be—\n> > \n> > > (a) in or to the effect of the approved form, and\n> > \n> > > (b) duly completed, and\n> > \n> > > (c) lodged at the Registry, and\n> > \n> > > (d) accompanied by the applicable fee (if any) for the notice.\n> \n> > (4) The Tribunal may direct a respondent to lodge a reply to a relevant application or appeal in such manner and within such period as it may direct.\n> \n> > (5) Unless the Tribunal grants an extension under section 41 of the Act, a reply must be lodged—\n> > \n> > > (a) in the case where the Tribunal has given a direction under subrule (4) as to the period within which the reply must be lodged—within the period directed, or\n> > \n> > > (b) in any other case—within 14 days from the day on which the respondent was notified of the relevant application or appeal.\n> \n> > (6) A respondent who lodges a reply must serve on the applicant or appellant a copy of the reply before, at the same time as or as soon as practicable after lodging the reply.","sortOrder":31},{"sectionNumber":"Part 7","sectionType":"part","heading":"Parties to proceedings and representation","content":"# Part 7 Parties to proceedings and representation\n\nPart 7 Parties to proceedings and representation","sortOrder":32},{"sectionNumber":"Division 1","sectionType":"division","heading":"Parties","content":"## Division 1 Parties\n\nDivision 1 Parties","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Parties to proceedings for general decision or administrative review decision","content":"#### 27 Parties to proceedings for general decision or administrative review decision\n\n27 Parties to proceedings for general decision or administrative review decision\n\n> The parties to proceedings for a general decision or administrative review decision are—\n> \n> > (a) the applicant, and\n> \n> > (b) if an order or other decision is sought from the Tribunal in respect of a person or body (other than the applicant)—the person or body in respect of whom the order or other decision is sought, and\n> \n> > (c) if the Attorney General or another Minister intervenes in the proceedings under section 44 of the Act—the Attorney General or Minister, and\n> \n> > (d) any other person who is made a party to the proceedings by the Tribunal under section 44 of the Act, and\n> \n> > (e) any other person required to be joined or treated as a party to the proceedings by a Division Schedule for a Division of the Tribunal, enabling legislation or the procedural rules.\n> \n> Note—\n> \n> In proceedings for an administrative review decision, the administrator who made (or is taken to have made) the administratively reviewable decision concerned would be the person or body referred to in paragraph (b).","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Parties to external appeal","content":"#### 28 Parties to external appeal\n\n28 Parties to external appeal\n\n> > (1) The parties to an external appeal are—\n> > \n> > > (a) the appellant, and\n> > \n> > > (b) except as provided by subrule (2), the external decision-maker who made (or is taken to have made) the appealable external decision under appeal, and\n> > \n> > > (c) any person or body (other than the appellant or external decision-maker) who was a party to the proceedings before the external decision-maker, and\n> > \n> > > (d) if the Attorney General or another Minister intervenes in the proceedings under section 44 of the Act—the Attorney General or Minister, and\n> > \n> > > (e) any other person who is made a party to the proceedings by the Tribunal under section 44 of the Act, and\n> > \n> > > (f) any other person required to be joined or treated as a party to the proceedings by a Division Schedule for a Division of the Tribunal, enabling legislation or the procedural rules.\n> \n> > (2) However, an external decision-maker who makes an appealable external decision cannot be made a party to an external appeal against the decision if—\n> > \n> > > (a) the appeal is a designated external appeal (within the meaning of section 27 of the Act), or\n> > \n> > > (b) the decision-maker made the decision as an Adjudicator under the [Community Land Management Act 1989](/view/html/repealed/current/act-1989-202) or the [Strata Schemes Management Act 1996](/view/html/repealed/current/act-1996-138).\n> \n> Note—\n> \n> The following are designated external appeals—\n> \n> > (a) an external appeal under section 45 of the [Drug and Alcohol Treatment Act 2007](/view/html/inforce/current/act-2007-007) (which is an appeal against a decision of a Magistrate made under Part 4 of that Act),\n> \n> > (b) an external appeal under section 50 of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049) (which is an appeal against estate management orders made by the Mental Health Review Tribunal).","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Parties to internal appeal","content":"#### 29 Parties to internal appeal\n\n29 Parties to internal appeal\n\n> The parties to an internal appeal are—\n> \n> > (a) the appellant, and\n> \n> > (b) any person or body (other than the appellant) who was a party to the proceedings before the Tribunal at first instance, and\n> \n> > (c) if the Attorney General or another Minister intervenes in the proceedings under section 44 of the Act—the Attorney General or Minister, and\n> \n> > (d) any other person who is made a party to the proceedings by the Tribunal under section 44 of the Act, and\n> \n> > (e) any other person required to be joined or treated as a party to the proceedings by a Division Schedule for a Division of the Tribunal, enabling legislation or the procedural rules.\n> \n> Note—\n> \n> The member or members constituting the Tribunal at first instance cannot be made parties to an internal appeal—see section 44(3) of the Act.","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Parties to proceedings for contravention of civil penalty provision of Act","content":"#### 30 Parties to proceedings for contravention of civil penalty provision of Act\n\n30 Parties to proceedings for contravention of civil penalty provision of Act\n\n> The parties to proceedings on an application made under section 77 of the Act are—\n> \n> > (a) the applicant, and\n> \n> > (b) the person who is alleged to have contravened the civil penalty provision of the Act concerned, and\n> \n> > (c) any other person who is made a party to the proceedings by the Tribunal under section 44 of the Act, and\n> \n> > (d) any other person required to be joined or treated as a party to the proceedings by a Division Schedule for a Division of the Tribunal, enabling legislation or the procedural rules.","sortOrder":37},{"sectionNumber":"Division 2","sectionType":"division","heading":"Representation of parties","content":"## Division 2 Representation of parties\n\nDivision 2 Representation of parties","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Application for leave to represent a party","content":"#### 31 Application for leave to represent a party\n\n31 Application for leave to represent a party\n\n> > (1) An application by a person under section 45 of the Act for leave to represent a party to proceedings may be made orally or in writing at any stage in the proceedings.\n> \n> > (2) In making an order granting leave to a person to represent a party to proceedings, the Tribunal may impose such conditions in relation to the representation as the Tribunal thinks fit.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Granting and revocation of leave for a person to represent party","content":"#### 32 Granting and revocation of leave for a person to represent party\n\n32 Granting and revocation of leave for a person to represent party\n\n> > (1) In dealing with an application under section 45 of the Act for leave to be granted to a person (other than an Australian legal practitioner) to represent a party to proceedings, the Tribunal is to have regard to—\n> > \n> > > (a) such of the following circumstances as it considers are relevant to the proceedings—\n> > > \n> > > > (i) whether the proposed representative has sufficient knowledge of the issues in dispute to enable him or her to represent the applicant effectively before the Tribunal,\n> > > \n> > > > (ii) whether the proposed representative has the ability to deal fairly and honestly with the Tribunal and other persons involved in the proceedings,\n> > > \n> > > > (iii) whether the proposed representative is vested with sufficient authority to bind the party, and\n> > \n> > > (b) any other circumstances that it considers relevant.\n> \n> > (2) The Tribunal may revoke leave granted to a person to represent a party to proceedings only if the Tribunal is satisfied that—\n> > \n> > > (a) the party no longer consents to the person representing the party, or\n> > \n> > > (b) the person applied for leave to represent that party without the consent of the party, or\n> > \n> > > (c) the person does not have the qualities referred to in subrule (1)(a)(i) or (ii) to act as the party’s representative, or\n> > \n> > > (d) the party is, or has become, incapable of instructing the representative, or\n> > \n> > > (e) any other grounds are present that the Tribunal considers sufficient to justify the revocation.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Costs of representation may be disclosed","content":"#### 33 Costs of representation may be disclosed\n\n33 Costs of representation may be disclosed\n\n> Without limiting rule 31(2), the Tribunal may, as a condition of an order granting leave to a person (including an Australian legal practitioner) to represent a party to proceedings, require the person to disclose the estimated cost of representation by the person.","sortOrder":41},{"sectionNumber":"Part 8","sectionType":"part","heading":"Conduct of proceedings","content":"# Part 8 Conduct of proceedings\n\nPart 8 Conduct of proceedings","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Issue of summons","content":"#### 34 Issue of summons\n\n34 Issue of summons\n\n> > (1) An application by a party to proceedings for a summons under section 48 of the Act must be made in or to the effect of the approved form.\n> \n> > (2) If a summons is issued, the summons (and any sealed copies of the summons required to be served under subrule (4)) must be served on the person named in the summons—\n> > \n> > > (a) where the summons is issued at the direction of the Tribunal—by or on behalf of a registrar, or\n> > \n> > > (b) where the summons is issued on the application of a party—by or on behalf of that party.\n> \n> > (3) The summons must be served on the person named in the summons at least 5 days (or within such other shorter or longer period as a registrar may direct) before the return date specified in the summons unless the person named in the summons has agreed to the later service of the summons.\n> > \n> > Note—\n> > \n> > Rule 6 makes provision for the reckoning of time for the purposes of these rules.\n> \n> > (4) A sealed copy of the summons must be served on each party to the proceedings before the return date specified in the summons, except as provided by subrule (5).\n> \n> > (5) A sealed copy of the summons is not required to be served under subrule (4) on a party to proceedings if the party applied for the summons or is the person named in the summons.\n> \n> > (6) A person who is summoned to attend and produce a document or thing is not required to attend the Tribunal if—\n> > \n> > > (a) the person delivers or sends the summons or a copy of it and the document or thing to a registrar at the address specified for the purpose in the summons, and\n> > \n> > > (b) the document or thing is received not less than 2 clear days before the date specified in the summons for attendance.\n> \n> > (7) Unless a summons specifically requires the production of the original, the person summoned may produce a copy of any document required to be produced by the summons.\n> \n> > (8) A copy of a document for the purposes of subrule (6) or (7) may be—\n> > \n> > > (a) a photocopy, or\n> > \n> > > (b) in any electronic form that the party who applied for the summons has indicated will be acceptable.","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Ex parte proceedings in Consumer and Commercial Division","content":"#### 35 Ex parte proceedings in Consumer and Commercial Division\n\n35 Ex parte proceedings in Consumer and Commercial Division\n\n> > (1) This rule applies to proceedings for the exercise of functions of the Tribunal that are allocated to the Consumer and Commercial Division of the Tribunal.\n> \n> > (2) Where a hearing is held for proceedings to which this rule applies, the Tribunal may proceed to hear the proceedings in the absence of a party who has failed to attend the hearing if—\n> > \n> > > (a) the Tribunal is satisfied that notice of the hearing was duly served on the party, or\n> > \n> > > (b) the Tribunal, being satisfied that service of notice of the hearing on the party has been duly attempted or having given directions under rule 15 to bring it to the notice of the party, considers that justice requires that the matter be dealt with in the absence of the party.\n> \n> > (3) If proceedings to which this rule applies are adjourned by the Tribunal in the absence of a party, a registrar is to give notice (or direct that notice be given) of the time and place of the adjourned hearing to the absent party.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Applications to reinstate dismissed proceedings for failure to appear","content":"#### 36 Applications to reinstate dismissed proceedings for failure to appear\n\n36 Applications to reinstate dismissed proceedings for failure to appear\n\n> Unless the Tribunal grants an extension under section 41 of the Act, an application made to the Tribunal to reinstate proceedings that were dismissed under section 55(1)(c) of the Act must be made within 7 days after the Tribunal dismissed the proceedings that are sought to be reinstated.","sortOrder":45},{"sectionNumber":"36A","sectionType":"section","heading":"Hearings not required in certain circumstances","content":"#### 36A Hearings not required in certain circumstances\n\n36A Hearings not required in certain circumstances\n\n> Proceedings for an interlocutory or ancillary decision are prescribed for the purposes of section 50(1)(d) of the Act if—\n> \n> > (a) the parties consent to the making of the decision, or\n> \n> > (b) in the case of an order made under section 43(3) of the Act—the Tribunal determines, on application by a party to proceedings or on its own motion, that it is not appropriate to hold a hearing due to the urgency of the matter.\n> \n> Note—\n> \n> Section 50(1)(d) of the Act enables the Tribunal rules to prescribe circumstances in which hearings are not required for proceedings in the Tribunal.\n> \n> **rule 36A:** Ins 2020 (250), cl 3.","sortOrder":46},{"sectionNumber":"Part 9","sectionType":"part","heading":"Determination of proceedings","content":"# Part 9 Determination of proceedings\n\nPart 9 Determination of proceedings","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Matters that may be taken into account when exercising settlement powers","content":"#### 37 Matters that may be taken into account when exercising settlement powers\n\n37 Matters that may be taken into account when exercising settlement powers\n\n> > (1) When deciding whether to make orders to give effect to a settlement reached by parties to proceedings, the Tribunal is to take into account the interests of any vulnerable person (whether or not a party to the proceedings) if the Tribunal considers that—\n> > \n> > > (a) the person may be directly affected by the orders because the person is a party to, or the subject of, the proceedings concerned, and\n> > \n> > > (b) it is appropriate to do so in the circumstances.\n> \n> > (2) Nothing in this rule limits the matters to which the Tribunal may have regard when deciding whether to make orders to give effect to a settlement.\n> \n> > (3) In this rule—\n> > \n> > vulnerable person means—\n> > \n> > > (a) a minor, or\n> > \n> > > (b) a person who is totally or partially incapable of representing himself or herself in proceedings before the Tribunal because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Costs in Consumer and Commercial Division of the Tribunal","content":"#### 38 Costs in Consumer and Commercial Division of the Tribunal\n\n38 Costs in Consumer and Commercial Division of the Tribunal\n\n> > (1) This rule applies to proceedings for the exercise of functions of the Tribunal that are allocated to the Consumer and Commercial Division of the Tribunal.\n> \n> > (2) Despite section 60 of the Act, the Tribunal may award costs in proceedings to which this rule applies even in the absence of special circumstances warranting such an award if—\n> > \n> > > (a) the amount claimed or in dispute in the proceedings is more than $10,000 but not more than $30,000 and the Tribunal has made an order under clause 10(2) of Schedule 4 to the Act in relation to the proceedings, or\n> > \n> > > (b) the amount claimed or in dispute in the proceedings is more than $30,000.","sortOrder":49},{"sectionNumber":"38A","sectionType":"section","heading":"Costs in internal appeals","content":"#### 38A Costs in internal appeals\n\n38A Costs in internal appeals\n\n> > (1) This rule applies to an internal appeal lodged on or after 1 January 2016 if the provisions that applied to the determination of costs in the proceedings of the Tribunal at first instance (the first instance costs provisions) differed from those set out in section 60 of the Act because of the operation of—\n> > \n> > > (a) enabling legislation, or\n> > \n> > > (b) the Division Schedule for the Division of the Tribunal concerned, or\n> > \n> > > (c) the procedural rules.\n> \n> > (2) Despite section 60 of the Act, the Appeal Panel for an internal appeal to which this rule applies must apply the first instance costs provisions when deciding whether to award costs in relation to the internal appeal.\n> \n> **rule 38A:** Ins 2015 (735), cl 3.","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Interest on judgment debt","content":"#### 39 Interest on judgment debt\n\n39 Interest on judgment debt\n\n> > (1) This rule applies if a party to proceedings has made a successful civil claim against another party for the payment or recovery of any debt, demand or damages (whether liquidated or unliquidated).\n> \n> > (2) Interest is payable on the outstanding balance for the time being of money adjudged by the Tribunal to be payable and which, being due, remains unpaid.\n> \n> > (3) Such interest is payable at a rate equal to the rate for the time being prescribed for the purposes of section 101 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Applications to set aside decision determining proceedings","content":"#### 40 Applications to set aside decision determining proceedings\n\n40 Applications to set aside decision determining proceedings\n\n> An application for an order under clause 9 of the [Civil and Administrative Tribunal Regulation 2013](/view/html/repealed/current/sl-2013-0718) must be—\n> \n> > (a) in or to the effect of the approved form, and\n> \n> > (b) duly completed, and\n> \n> > (c) lodged at the Registry, and\n> \n> > (d) accompanied by the applicable fee (if any) for the application.","sortOrder":52},{"sectionNumber":"Part 10","sectionType":"part","heading":"Functions of registrars","content":"# Part 10 Functions of registrars\n\nPart 10 Functions of registrars","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Registrars may make certain interlocutory decisions of Tribunal","content":"#### 41 Registrars may make certain interlocutory decisions of Tribunal\n\n41 Registrars may make certain interlocutory decisions of Tribunal\n\n> > (1) A registrar may, at the direction of the President or a Division Head, make any of the following interlocutory decisions of the Tribunal on behalf of the Tribunal—\n> > \n> > > (a) a decision under section 41 of the Act concerning the extension of the period of time for the doing of a thing under legislation in connection with proceedings,\n> > \n> > > (b) a decision under section 45 of the Act concerning the granting or revocation of leave for a person to represent a party to proceedings,\n> > \n> > > (c) a decision under section 45(4)(a) or (b) of the Act concerning the appointment of a person to act as guardian ad litem for a party, or represent a party, in proceedings,\n> > \n> > > (d) a decision under section 45(4)(c) of the Act concerning the making of an order for a party to be separately represented in proceedings,\n> > \n> > > (e) a decision under section 55(1)(a) or (d) of the Act concerning the dismissal of proceedings,\n> > \n> > > (f) a decision under section 64(1)(d) of the Act concerning the making of an order prohibiting or restricting the disclosure of evidence or documents in proceedings,\n> > \n> > > (g) a decision under clause 10 of Schedule 6 (Guardianship Division) to the Act concerning the granting of consent for the withdrawal of an application in proceedings,\n> > \n> > > (h) a decision concerning the setting aside of a summons or excusing compliance with a summons in connection with proceedings,\n> > \n> > > (i) a decision concerning the granting of access to documents or things produced in compliance with a summons in proceedings.\n> > \n> > Note—\n> > \n> > See also clause 8 (Certain guardianship functions may be exercised by registrar) of Schedule 6 to the Act.\n> \n> > (1A) Proceedings for a decision by a registrar under subrule (1) are prescribed for the purposes of section 50(1)(d) of the Act.\n> > \n> > Note—\n> > \n> > Section 50(1)(d) of the Act enables the Tribunal rules to prescribe circumstances in which hearings are not required for proceedings in the Tribunal.\n> \n> > (2) The President or a Division Head may direct a registrar to refer the making of such a decision in a particular matter to the Tribunal. The registrar must comply with such a direction.\n> \n> > (3) A registrar may refer a particular matter to the Tribunal if the registrar considers it would be more appropriate for the Tribunal to deal with the matter.\n> \n> > (4) A decision of the Tribunal made by a registrar under this rule is declared to be internally appellable for the purposes of section 32 of the Act if the decision would have been an internally appellable decision for the purposes of the Act had it been made by the Tribunal rather than the registrar.\n> > \n> > Note—\n> > \n> > Section 32(6) of the Act provides that if a decision of a registrar is an internally appealable decision, the provisions of the Act relating to the making and determination of an internal appeal are taken to apply as if—\n> > \n> > > (a) any reference to the Tribunal at first instance (however expressed) included a reference to a registrar, and\n> > \n> > > (b) any requirement concerning the granting of leave to appeal against particular kinds of decisions of the Tribunal or on particular grounds extended to decisions of the same kind made by a registrar or grounds of the same kind.\n> > \n> > Section 80(2) of the Act requires the leave of the Appeal Panel for an internal appeal against an interlocutory decision of the Tribunal at first instance.\n> \n> **rule 41:** Am 2018 (768), cl 3 (2); 2019 (496), cl 3(2).","sortOrder":54},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"# Part 11 Miscellaneous\n\nPart 11 Miscellaneous","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Inspections of documents in Registry","content":"#### 42 Inspections of documents in Registry\n\n42 Inspections of documents in Registry\n\n> > (1) Subject to the Act and this rule, a party to proceedings is, on payment of the applicable fee (if any), entitled to inspect documents in the Registry relating to the proceedings.\n> > \n> > Note—\n> > \n> > This rule also has effect subject to any relevant enabling legislation—see rule 4(3).\n> \n> > (2) Subject to the Act and this rule, a registrar may, on payment of the applicable fee (if any), permit a person who is not a party to proceedings in the Tribunal to inspect public access documents in the Registry relating to proceedings in the Tribunal that are finally determined.\n> \n> > (3) It is sufficient compliance with subrule (1) or (2) if the party or person is given, on payment of the applicable fee (if any), a copy of the document instead of access to the original document.\n> \n> > (4) A registrar may impose such conditions as the registrar considers appropriate in relation to the granting of access under this rule to a public access document (or a copy of such a document) by a person who is not a party to proceedings in the Tribunal.\n> \n> > (5) There is no entitlement under this rule to give or be given access to a document in the Registry (or a copy of such a document) if—\n> > \n> > > (a) a claim for privilege has been made with respect to the document but not decided by the Tribunal, or\n> > \n> > > (b) the Tribunal has decided that the document contains matter that is privileged, or\n> > \n> > > (c) the Tribunal has ordered that the whole or part of the document not be disclosed, or\n> > \n> > > (d) the disclosure of the whole or part of the document to the person is otherwise prohibited by or under the Act or any other legislation or law, or\n> > \n> > > (e) the document is or includes a note or working paper produced by or for a member in relation to any proceedings.\n> > \n> > Note—\n> > \n> > See, in particular, Division 6 of Part 4 of the Act, which contains provisions concerning the disclosure of information for the purposes of the Act and also section 67 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076).\n> \n> > (6) A registrar may permit a person who would otherwise have no entitlement to be given access to a document (or a copy of a document) because of subrule (5) to inspect (or be given a copy of) parts of the document that do not contain or include the privileged material or other material which may not to be disclosed.\n> \n> > (7) For the purposes of this rule, proceedings in the Tribunal are finally determined if—\n> > \n> > > (a) the Tribunal has completed all the processes necessary to decide the substantial merits of the proceedings (including, where required, the giving of reasons for the decision and the determination of costs), and\n> > \n> > > (b) no further internal appeal or appeal to a court in respect of the proceedings is available because—\n> > > \n> > > > (i) legislation does not provide for such an appeal against decisions in the proceedings, or\n> > > \n> > > > (ii) the period for lodging such an appeal or an application for leave to appeal in respect of the proceedings has expired (ignoring any period that may be available by way of extension of time to appeal or seek leave to appeal), or\n> > > \n> > > > (iii) an appeal lodged in respect of the proceedings has been determined.\n> \n> > (8) In this rule—\n> > \n> > public access document means any of the following—\n> > \n> > > (a) an originating document or reply,\n> > \n> > > (b) a statement, affidavit or document admitted into evidence in proceedings held in public,\n> > \n> > > (c) a transcript (if available) of proceedings held in public,\n> > \n> > > (d) a record (other than a sound recording) of any order made or other decision given in proceedings,\n> > \n> > > (e) a record of the reasons given for a decision made in proceedings.\n> \n> **rule 42:** Subst 2014 (324), Sch 1. Am 2019 (496), cl 3(3).","sortOrder":56}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as procedural rules for NCAT. The amendments noted (2014-2022) appear to be refinements and clarifications rather than scope expansion — covering electronic transactions, specific timing for privacy Act matters, and costs in internal appeals. No significant mission creep detected."},"complexity_factors":["Multiple cross-references to the parent Act (Civil and Administrative Tribunal Act 2013) and other legislation including the Administrative Decisions Review Act 1997, Electronic Transactions Act 2000, and various housing Acts","Nested conditional logic in time calculation rules (Rule 6) with multiple exceptions for Registry closure days","Complex party definition rules (Rules 27-30) with layered exceptions for different types of proceedings and designated external appeals","Multiple amendment notes throughout indicating evolving procedural requirements (Rules 13, 22, 24, 25, 36A, 38A, 41, 42)","Dual pathways for electronic vs paper document handling with different authentication requirements (Part 3)","Variable time limits depending on case type (28 days standard, 14 days for residential appeals, 7 days for reinstatement, 60-day internal review periods)","Conditional costs rules with monetary thresholds ($10,000/$30,000 triggers in Rule 38) and exceptions for different Divisions"],"plain_english_summary":"**What this legislation does:**\n\nThese are the procedural rules that govern how the NSW Civil and Administrative Tribunal (NCAT) operates day-to-day. Think of them as the \"house rules\" for running cases through the Tribunal.\n\n**Key things covered:**\n\n- **Starting a case**: How to file applications, appeals, and responses (including time limits — usually 28 days, or 14 days for some housing appeals)\n- **Electronic filing**: Rules for using the online system to submit documents\n- **Serving documents**: How to officially give paperwork to other parties (by post, email, fax, or in person)\n- **Who can be involved**: Who counts as a \"party\" to proceedings, and when non-lawyers can represent someone\n- **Running hearings**: When the Tribunal can proceed without everyone present, and when hearings can be skipped entirely\n- **Costs and money**: When the Tribunal can order one party to pay another's legal costs (mostly limited, but allowed for higher-value consumer disputes)\n- **Registrars' powers**: Which decisions court staff can make on their own versus which need a Tribunal member\n\n**Who it affects:**\n\nAnyone using NCAT — tenants, landlords, consumers, businesses, people challenging government decisions, guardianship matters, and professional disciplinary cases. It also affects lawyers, real estate agents, and self-represented litigants.\n\n**Why it matters:**\n\nThese rules determine whether your case gets heard or thrown out on a technicality. Miss a 28-day deadline? Fail to use the right form? Don't serve documents properly? Your case could be dismissed. The rules also keep the Tribunal accessible — allowing non-lawyers to represent people and keeping costs low by limiting expensive legal fee awards in most cases."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Rules appear to have remained focused on their original purpose: governing procedure within NCAT. The multiple amendments reflect refinement and modernisation of procedures rather than expansion into new subject matter."},"complexity_factors":["Procedural rules governing a multi-jurisdictional tribunal covering vastly different types of disputes (tenancy, guardianship, administrative review, consumer, strata, etc.)","Multiple amendments over time (9 versions since 2014) creating version-tracking complexity","Interaction with the parent Civil and Administrative Tribunal Act 2013 and numerous enabling Acts across different legal areas","Different procedural pathways apply depending on which NCAT Division (e.g. Administrative and Equal Opportunity, Consumer and Commercial, Guardianship) is handling the matter","Only metadata/status information was provided in this extract — the actual substantive rules were not included, limiting full analysis","Laypeople must navigate these Rules without legal training in a tribunal designed to be accessible, creating a tension between technicality and accessibility"],"plain_english_summary":"## Civil and Administrative Tribunal Rules 2014 (NSW)\n\n**What is this?**\nThis is the procedural rulebook for the NSW Civil and Administrative Tribunal (NCAT) — the body that handles a huge range of everyday disputes in New South Wales, including tenancy problems, consumer complaints, strata (apartment building) disputes, guardianship matters, and challenges to government decisions.\n\n**Who does it affect?**\nAnyone who brings a case to NCAT, is named as a party in a NCAT case, or represents someone at NCAT. This covers ordinary NSW residents, businesses, landlords, tenants, government agencies, and professionals.\n\n**What does it actually do?**\nThese Rules set out the *how* of NCAT proceedings — the step-by-step procedures that govern:\n- How to file (lodge) an application\n- How parties are notified\n- Timeframes and deadlines\n- How hearings are conducted\n- Rules about evidence and documents\n- Costs (who pays legal expenses)\n- Appeals and reviews of decisions\n\n**Why does it matter to you?**\nIf you're involved in a NCAT matter — say, a landlord-tenant dispute or a complaint about a builder — these Rules determine exactly what you must do, by when, and how. Getting these steps wrong can result in your case being dismissed or delayed.\n\n**Note:** The Rules have been updated multiple times since 2014, with the current version in force from 27 May 2022. Only the status/metadata page was provided — the substantive rule content was not included in this extract."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These rules expressly replace the NCAT Interim Rules 2014 (rule 4(1)) while preserving any act, matter or thing that immediately before repeal had effect under the former interim rules (rule 4(2)). They apply to Tribunal proceedings subject to enabling legislation and Division Schedules (rule 4(3)). In practical terms the rules both continue prior effects and reframe procedural detail (electronic filing, registrar powers, service methods, forms, time reckoning and costs mechanics) as the Tribunal’s operative procedural code (see rules 4, 9–13, 16–22, 41 and 42)."},"complexity_factors":["Multiple cross-references to the Act, enabling legislation and external statutes (e.g. Electronic Transactions Act) (see rules 3, 4, 10, 13)","Layered decision-making authority: President, Division Head, registrars and the Tribunal with delegated discretion (rules 5, 10(5), 12, 20–22, 41)","Varied service methods with different deemed times of service and consent requirements (rule 13(2)–(4))","Numerous document- and form-related requirements with exception pathways and registrar discretion to accept or reject (rules 3, 16–22)","Separate regimes and deadlines for different kinds of proceedings (general applications, administrative reviews, external/internal appeals, replies) (rules 23–26)","Electronic case management dependency and format/acceptance rules which add operational complexity (Part 3: rules 9–12)","Costs and interest rules that differ by Division and may refer back to other instruments (rules 38, 38A, 39)","Multiple timelines and strict reckoning rules (rule 6 and various filing periods in rules 23–26)","Internal appealability of certain registrar decisions adding procedural layers (rule 41(4))","Document access limitations tied to privilege and Tribunal orders which require contextual assessment (rule 42(1)–(6))"],"plain_english_summary":"These rules set out the day-to-day procedural steps for cases in the New South Wales Civil and Administrative Tribunal (Tribunal). Mechanically, they tell people and organisations how to start proceedings, how and when documents must be filed and served, what forms to use, how time limits are calculated, how electronic filing and service operate, what registrars can decide, how parties and representatives are identified, and when costs or interest may be awarded.\n\nKey mechanical changes and rules (what the instrument does):\n\n- Commencement and application: The rules come into force when published on the NSW legislation website and apply to Tribunal proceedings subject to any enabling legislation or Division Schedules (rules 2 and 4(3)).\n- Definitions and required contents: The rules define core terms (for example, applicable fee, originating document, Registry) and require certain documents to include the information or attachments specified by the approved form (rule 3(1)–(2)).\n- Time and deadlines: Time is to be calculated under the rules (rule 6). The Tribunal may fix time periods when none are provided (rule 7). Extensions must be applied for in writing unless dispensed with (rule 8). Specific filing deadlines are set for general applications, administrative-review applications, appeals and replies (rules 23–26).\n- Electronic case management: Where an electronic case management (ECM) system is available, parties and authorised agents may lodge and receive documents electronically; electronic names printed in place of signatures are treated as signatures; the President may set acceptance and format rules for ECM use (Part 3: rules 9–12, especially 10(1)–(6) and 12).\n- Service methods and timing: Documents may be served by personal service, post, leaving at an address for service, DX box, fax (with consent), electronic means (with consent), or as the Tribunal directs. Rules specify when posted, faxed, DX or electronically served documents are taken to be served (rule 13(2)–(4)).\n- Forms and lodgment: Documents generally must use approved forms and be duly completed; registrars can accept documents not in approved form or not duly completed in appropriate cases but may require further information or undertakings (rules 16–21). The Tribunal or registrar may reject documents that fail to comply or where fees are unpaid, and may dismiss applications commenced by rejected documents (rule 22).\n- Parties and representation: The rules set who counts as a party for different kinds of proceedings (rules 27–30). Non-lawyers may apply for leave to represent a party and the Tribunal may impose conditions or require disclosure of expected costs (rules 31–33). The Tribunal must consider specified qualities when granting leave to non-lawyer representatives (rule 32).\n- Registrar powers: Registrars, when directed by the President or Division Head, may make certain interlocutory decisions (including extensions of time, orders about representation, dismissals, and restrictions on disclosure). Such registrar decisions can be made internally appellable in the same way as Tribunal decisions (rule 41).\n- Determination and remedies: The Tribunal may take vulnerable persons’ interests into account before giving effect to settlements (rule 37). Costs rules for the Consumer and Commercial Division are specified (rule 38 and 38A). Interest on judgment debts is payable at the rate prescribed under the Civil Procedure Act (rule 39). Applications to set aside certain decisions must follow form and fee requirements (rule 40).\n- Access to documents: Parties (and in some circumstances, members of the public) can inspect documents in the Registry on payment of applicable fees, subject to privilege, Tribunal orders, or legislative prohibitions; registrars may impose conditions on access (rule 42).\n\nOfficial rationale: The rules state they are to be applied consistently with the guiding principle in section 36 of the Act—to facilitate the just, quick and cheap resolution of the real issues in proceedings (rule 4(4) and note).\n\nTesting the rules against costs, incentives, trade-offs and implementation mechanics:\n\n- Who pays: Several processes require payment of an applicable fee before entitlement to act or access (see definition of applicable fee at rule 3(1) and specific fee references in rules 23(1)(d), 24(1)(d), 25(2)(d), 26(3)(d), 42(1)–(3)). Document inspection and lodging therefore impose direct monetary costs on users (rule 42(1)–(3)).\n\n- Who decides and where discretion sits: The President, Division Heads and registrars hold operational discretion. The President can give directions about ECM acceptance and format (rules 10(5) and 12). Registrars can accept non-compliant documents, require undertakings, reject documents, dismiss applications, and—when authorised—make interlocutory decisions that are internally appealable (rules 20–22 and 41). The Tribunal (or a registrar under direction) may dispense with compliance with the rules (rule 5). These provisions concentrate operational decision-making inside the Tribunal and its officers.\n\n- Compliance burden and sanctions: Parties must use approved forms and provide required information (rules 18–19 and 3(2)). Failure to comply can lead to rejection of documents or dismissal of proceedings (rule 22). Time limits are strict with limited statutory extension mechanisms (rules 6–8, 23–26), producing a clear procedural compliance cost in time and administrative effort.\n\n- Electronic filing and substitution effects: Where ECM is available, electronic lodgment and service are authorised and treated as valid signatures and authenticating acts if a name is printed where a signature would appear (rule 10(1)–(3)). The rules allow parties to consent to electronic service (rule 13(2)(g)) and to supply an address for service within NSW (rule 16). These mechanisms lower transaction costs for electronically-capable users but create operational dependence on the ECM and on the President’s format and acceptance directions (rules 9–12). They also change the balance among service methods (post, personal, DX, fax) by specifying deemed times of service for each (rule 13(4)).\n\n- Effects on private choice and business users: Businesses and out-of-state parties must nominate an address for service in NSW (rule 16(2)), which constrains where process can be left or posted. Corporations have the same range of service options as permitted by law (rule 13(2)(h)). Electronic filing and sealed copies can speed access but fees and form requirements remain barriers (rules 10, 17, 18, 42). The costs rules in the Consumer and Commercial Division introduce higher exposure to adverse costs awards where claims exceed set thresholds (rule 38), shifting litigation risk profiles for higher-value disputes.\n\n- Opportunity costs and implementation risk: Reliance on ECM and on the President’s directions for formats and acceptance (rules 10(5), 12) concentrates implementation risk in the Tribunal’s technology and administrative policies. Registrar discretion to accept or reject non-compliant filings (rules 20–22) reduces the formal barrier to access but increases uncertainty for litigants about what will be accepted without prior guidance.\n\n- Remedies and enforcement mechanics: The rules provide for costs awards in certain Consumer and Commercial matters (rule 38 and 38A), interest on judgment debts (rule 39), and internal appealability of registrar decisions (rule 41(4)), creating predictable financial consequences and appeal paths tied to procedural compliance.\n\nConcrete, source-cited takeaways (who pays, who decides, likely behaviour changes):\n\n- Parties pay applicable fees to lodge documents and to inspect Registry documents (rules 3(1), 23(1)(d), 42(1)).\n- The President sets electronic formats and may direct ECM acceptance; registrars implement filing, may accept or reject documents, and may exercise certain interlocutory powers when authorised (rules 10(5), 12, 20–22, 41(1)).\n- Expect more electronic lodging and service where ECM is available, substitution away from posted or faxed service to electronic service (rules 10 and 13(2)(g)), and continued emphasis on strict compliance with form and time requirements (rules 3(2), 6, 18–19, 22).\n\nOverall, the rules organise Tribunal procedure through a mixture of prescriptive requirements (forms, time limits, service methods) and administrative discretion (President’s directions, registrar powers), create identifiable fee and compliance costs for users, and provide specific mechanisms for electronic filing, document access and certain costs and interest outcomes (see rules 3, 6–13, 16–22, 23–26, 38–42)."}},"importantCases":[],"_links":{"self":"/api/acts/civil-and-administrative-tribunal-rules-2014","history":"/api/acts/civil-and-administrative-tribunal-rules-2014/history","analysis":"/api/acts/civil-and-administrative-tribunal-rules-2014/analysis","conflicts":"/api/acts/civil-and-administrative-tribunal-rules-2014/conflicts","importantCases":"/api/acts/civil-and-administrative-tribunal-rules-2014/important-cases","documents":"/api/acts/civil-and-administrative-tribunal-rules-2014/documents"}}