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[2026] ACAT 14
General information, not legal advice.
ACT Civil and Administrative Tribunal
2026-03-05
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Source: the ACT Civil and Administrative Tribunal (www.acat.act.gov.au). Converted to plain text by ZoeLaw. Not the official version.
ACT CIVIL & ADMINISTRATIVE TRIBUNAL
CLAD ACT PTY LTD ACN 673 849 379 v NSW PBX GROUP PTY LTD ACN 652 102 497 (Civil Dispute) [2026] ACAT 14
XD 1061/2025 Catchwords: CIVIL DISPUTE – unpaid invoice – procedure in absence of a party – failure to attend a preliminary conference
Legislation cited: ACT Civil and Administrative Tribunal Act 2008, s 47A
Subordinate Legislation cited: ACT Civil and Administrative Tribunal Procedures Rules 2024, r 56 Tribunal: Member L Parry
Date of Orders: 11 December 2025 Date of Reasons for Decision: 24 February 2026 Date of Publication: 5 March 2026 AUSTRALIAN CAPITAL TERRITORY ) CIVIL & ADMINISTRATIVE TRIBUNAL ) XD 1061/2025
BETWEEN: CLAD ACT PTY LTD ACN 673 849 379 Applicant AND: NSW PBX GROUP PTY LTD ACN 652 102 497 Respondent
TRIBUNAL: Member L Parry DATE: 11 December 2025
ORDER Ex-Parte the Respondent:
The respondent is to pay the applicant the amount of $12,996.98 comprising: (a) $12,610 being the unpaid balance of invoice INV0183; (b) $198.98 being interest on that sum from 25 August 2025 to 5 November 2025; and (c) $189 as the cost of the Tribunal filing fee.
Payment under order 1 is to be made by 5.00pm on 8 January 2026.
The hearing listed for 19 March 2026 is vacated.
…………Signed……… Member L Parry REASONS FOR DECISION
Background 1. This matter concerns an application for: (a) payment of $12,610 being the unpaid balance of an invoice issued by the applicant to the respondent for foam supply and installation, cladding supply and installation and site cleaning; (b) the ACAT filing fee (fee for commencing proceedings) of $189; and (c) interest on the unpaid balance of the invoice from 25 August 2025 to 5 November 2025.
On 5 November 2025, the applicant and the respondent appeared at a directions hearing. The listing notice for the directions hearing had been sent to the respondent at the registered address on the ASIC Current Company Extract of the respondent.
The Tribunal made orders including that the matter was listed for “preliminary conference on Thursday, 11 December 2025 at 11:00 am” [emphasis added] and for final hearing on 25 February 2025 at 10:00am. The orders and listing notice were sent to the respondent at its registered address, being the same address as the listing notice for the 5 November 2025 directions hearing.
On 27 November 2025, the Tribunal made in-chambers orders vacating the 25 February 2025 hearing and relisting for final hearing on 19 March 2025 at 10:00am. The order did not vacate the preliminary conference.
Preliminary conference
On 11 December 2025, the applicant appeared at the preliminary conference. There was no appearance for the respondent.
Section 47A of the ACT Civil and Administrative Tribunal Act 2008 (ACAT Act) relevantly provides: 47A Procedure in absence of party (1) This section applies if— (a) the tribunal requires a party to appear either personally or by a representative before the tribunal in relation to an application; and (b) the party fails to appear. (2) The tribunal may— … (b) if the party is the respondent—decide the application; or … (d) do any of the following: (i) continue with the hearing in the absence of the party either generally or in relation to any relief claimed in the application;
The ACT Civil and Administrative Tribunal Procedures Rules 2024 (ACAT Rules) relevantly provides: 56 Failure to attend a preliminary conference or mediation (1) This rule applies if, at the time set for a preliminary conference or mediation, a party does not attend either in person if required to attend in person, or by an authorised representative. (2) The tribunal may— … (c) proceed with the preliminary conference or mediation in the absence of the party either generally or in relation to any relief claimed in the application; or (e) if the party is the respondent—decide the application;
As observed above, notice of the preliminary conference was sent to the respondent at its registered address. In addition, this is the same address as notice had been sent for the directions hearing at which the respondent had appeared. Accordingly, I concluded that the respondent had been served notice of the preliminary conference.
Having concluded that that the respondent had been served notice of the preliminary conference, I proceeded in the absence of the respondent by closing the preliminary conference and opening an ex parte hearing.
Hearing
The applicant gave oral submissions, confirming it sought the monetary amount set out in its application. The applicant confirmed it relied on material it had submitted including photos and text messages that demonstrate that the applicant had supplied materials and performed work for the respondent. The applicant confirmed that the balance of the invoice for that work remained unpaid.
The applicant confirmed that it sought interest on the unpaid sum, to 5 November 2025 only. The applicant also sought the cost of the tribunal filing fee.
Decision
Being satisfied as to service, and as there was no appearance for the respondent, I decided the application pursuant to section 47A of the ACAT Act and rule 56 of the ACAT Rules.
I decided the application based on the written application and applicant’s submissions and the applicant’s oral submissions that it had performed work for the respondent and the balance of the invoice for that work remained unpaid.
I provided four weeks for the respondent to make the payment.
Having decided the application, I vacated the hearing listed for 19 March 2026.
……………………………….. Member L Parry
Date(s) of hearing: 11 December 2025 Solicitors for the Applicant: Mr Pandher Respondent: No appearance
CLAD ACT PTY LTD ACN 673 849 379
NSW PBX GROUP PTY LTD ACN 652 102 497