Read the notice of hearing carefully. Make any plans you need, such as taking time off work or arranging childcare. If you can’t find the notice, you can check online at Search NSW court lists on the NSW Online Registry.
If you can’t go to your hearing, you need to ask NCAT to postpone (adjourn) your case.
If you have a good reason why you can’t go to the hearing, you can ask for an adjournment. This means asking NCAT to move the hearing to another day.
Depending on your situation, you could also ask for:
a hearing by phone
a decision based only on your written documents and evidence
permission for someone else to represent you at the hearing
If you still want to move the date you must first ask the other party if they agree, as this will help NCAT decide whether to let you move the hearing. For more information, see Adjournments on the NCAT website.
If you don’t have a good reason, NCAT may decline your requests to adjourn your matter or anything else you may have asked for.
Collect the evidence that supports your case. This could include:
your written statement
supporting documents
expert reports.
Your evidence should show how the goods or service did not meet a consumer guarantee. For more information, see Evidence and witnesses on the NCAT website.
For more information about consumer guarantees, see Problems with a good or service.
Your written evidence
Your written evidence can include your own statement and statements from witnesses. These statements explain what happened and what outcome you want. It can be written as a statement or an affidavit.
In your own statement or affidavit, you should include:
what you bought, and when and where you bought it
what the problem is with the goods or service
why you think the goods or service did not meet a consumer guarantee
what you did to try to fix the problem with the respondent
how much it will cost to fix the problem, if it can be repaired
proof of any other loss or damage if you are asking for compensation.
You should also ask anyone who saw or heard something important to write and sign their own witness statement.
Possible witnesses include:
someone who was there when you spoke to the business about the goods or service
someone who was there when you bought the goods or service
someone who saw the problem happen
an expert who can give evidence about the product or service, its condition, the quality of the work or the cost of fixing the problem.
You can use the NCAT Affidavit form if you want to prepare an affidavit instead of a statement. You can get a copy of the NCAT Affidavit form from the Consumer and Commercial Division Forms page on the NCAT website.
Supporting documents
You also need to collect other supporting documents. These are documents that support the points that you say in your statement or affidavit. Without attaching them to the statement or affidavit, your argument may be weakened. You can include documents like:
contracts or agreements
order forms, invoices, and receipts
bank statements
quotes to repair or replace damaged items
letters, emails, and text messages
diary or calendar notes
diagrams or colour photos.
Helpful tip: Put all your documents in a folder and sort them by date. Keep a copy for yourself.
Expert reports
In some cases, it is helpful to get an expert report. For example, if you have a mechanical problem with a motor vehicle, it will be helpful to get an expert report from a licensed mechanic. An expert can also come to the hearing to give verbal evidence.
For more information, see Evidence and witnesses on the NCAT website.
NCAT often gives directions to you and the respondent before the hearing date. You should read the directions very carefully. The directions might tell you
which documents that you must file and/or serve
when you must do this by
how you must do this
File means that you must give a copy of the document to NCAT. Although you can file documents by email, fax, post or over the counter at an NCAT Registry, NCAT may have told that you must file your documents in a certain way.
Serve means giving a copy of the document to the respondent. You can serve documents by:
email
fax
post
If the respondent has a lawyer or another representative, you must serve the documents on that person.
You must file and serve your documents by the deadline in the directions. If you miss the deadline, you may not be allowed to use the documents at the hearing. If NCAT has not given you directions about filing or serving evidence before the hearing, bring all your documents to the hearing and extra copies for the respondent and the tribunal member.
Keep your evidence in a folder and label it so you can find things quickly. Make sure everything is ready before the hearing. After the hearing ends, you can’t add evidence that you forgot to bring.
You will need to take these things with you to the hearing:
all the evidence for your dispute, with at least three copies of each document
proof of the sale or service, such as an invoice, sales advice, or purchase agreement
receipts, quotes, reports, payment records, or payment demands
any warranties for the goods or service
letters, emails, or messages between you and the other party
photos showing the condition of the goods
a notebook and pen for notes
highlighters and sticky notes for important points
your witnesses, if they are giving evidence in person
a list of questions you want to ask each witness.
Write down the main points you want to say at the hearing. This could include:
basic details about your purchase, including when and how you bought the goods or service, and any important conversations with the business
details of the problems with the goods or service, and why you say the business did not meet its consumer guarantees
what you and the business did to fix the problem
the outcome you want.
For more information, see Prepare for your hearing on the NCAT website.
Once you have prepared for the hearing, the next step is to present your case on the hearing day.
Last updated: June 2026
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