After NCAT has made a decision in your restitution case

Apply to reinstate your case

If you applied to NCAT and your case was dismissed because you missed the hearing, you may be able to ask NCAT to reinstate your case within seven days.

If your case is reinstated, you will be given a new hearing.

NCAT can only reinstate your case if you have a reasonable explanation for why you missed the hearing.

If you are unsure whether you can apply to have your case reinstated, you should get legal advice.

For more information, see Apply to reinstate your restitution case.

Apply to set aside or vary the decision

You may be able to apply to set aside or vary the orders within seven days if:

• all parties agree, or
• you could not go to the hearing and your case was not adequately put to NCAT.

If you are unsure whether you can apply to set aside or vary the orders, you should get legal advice.

For more information, see Set aside or vary the decision in your restitution case.

Appeal to the Appeal Panel

If you are unhappy with the decision made by the NSW Civil and Administrative Tribunal (NCAT), you may be able to appeal to the Appeal Panel of NCAT within 28 days.

In limited circumstances, if you are unhappy the decision of the Appeal Panel, you may be able to ask for leave (permission) to appeal to the Supreme Court of NSW within 28 days.

Before appealing a decision, you should get legal advice.

For more information, see Appeal to the Appeal Panel in your restitution case.

Appeal to the Supreme Court

If you are unhappy with the decision of the Appeal Panel, you may be able ask for leave to appeal to the Supreme Court within 28 days.

You can only appeal on a question of law.

If you seek leave to appeal a decision to the Supreme Court of NSW and you lose, it is very likely that you will have to pay legal costs.  Before seeking leave to appeal, you should get legal advice.

Last updated: September 2026