What to say (and what NOT to say) to an NCAT Member
Most self-reps don't lose at NCAT because they said the wrong thing. They lose because they didn't know what to say, rambled, lost the thread under questioning, or got into a shouting match with the other side. The fix is preparation: a clear way to address the Member, a simple structure for your points, and a plan for the moments that throw people.
This page gives you the words. How to address the Member, your opening line, the four-part structure for your submissions, how to stay calm when you're questioned, when to (almost never) interrupt, and what to do when the person across the table lies to your face.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
An NCAT hearing is a conversation the Member controls, not a debate you win by talking loudest. The Member's job is to work out the facts and apply the law. Your job is to help them do that quickly and clearly — point them to the right document, answer the question actually asked, and tell them the order you want.
Because it's a tribunal built for people without lawyers, the language is plainer than a court. You don't need legal jargon. You need to be organised, respectful and brief. The Member will often run the discussion themselves, asking each side questions in turn — so a lot of "what to say" is really "answer the question, then stop".
The sections below build it up: the form of address, your opening line, the four-part structure for each point you make, and how to hold your nerve when you're questioned or when the other side says something untrue. None of it requires confidence you don't have — just a plan.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- First wordsGreet the Member correctly and say who you are and which party you areEtiquette
- One breathYour opening line: the issue and the order you want, in a sentence or twoStructure
- Pause firstWhen asked a question, take a beat, then answer the question actually askedUnder questioning
- Wait your turnDon't interrupt — note the point and respond when the Member turns to youEtiquette
- Stop on timeMake your point, point to the document, and stop — don't keep talking past itStructure
The process, step by step
- 1
How to address the Member
If the Member's name is shown (often on a card on the bench), address them as "Mr [Surname]" or "Ms [Surname]". If you can't see their name, "Sir" or "Madam" is correct. There is one important exception: if the Member is the President or a Judge, address them as "Your Honour".
You don't have to use the form of address in every sentence — that gets stilted. Use it at the start, and when you're answering a direct question. The tone you're aiming for is respectful and natural, not theatrical. Avoid "Your Worship" and "Your Honour" for an ordinary Member — that's the wrong court.
- 2
Your opening line
When the Member turns to you, keep the opening short. Something like: "Good morning, Ms Smith. My name is [name], I'm the applicant. This is an application about [the issue in one line], and I'm asking the Tribunal to order [the outcome you want]."
That's it. You've told the Member who you are, what the case is about, and what you want — in three sentences. Resist the urge to tell the whole story at once. The Member will guide you through the detail. A crisp opening signals that the rest of what you say will be organised too.
- 3
Structure every point: issue, law, facts, order
For each thing you need to argue, use the same four-step shape:
- The issue — what this point is about, in a sentence.
- The law or rule — the section, term of the agreement, or obligation that applies (keep it plain; you don't need to argue case law).
- The facts — what happened, pointing to the document: "That's at tab 4, the email of 3 March."
- The order — what you want the Tribunal to do about it.
This keeps you on track and makes you easy to follow. It also stops you drifting into grievances that don't matter to the legal question.
- 4
Staying calm under questioning
The Member will ask you questions — sometimes pointed ones. That's not a sign you're losing; it's how they test the case. When a question comes, pause, then answer the question actually asked. If you don't know, say "I'm not sure" rather than guessing. If the answer is in your bundle, point to it.
Don't take it personally and don't get defensive. Short, honest, document-backed answers build credibility. Long, evasive ones burn it. If you need a moment to find a page, it's fine to say "may I have a moment to find that" — far better than waffling while you flick through papers.
- 5
Interrupting — and being interrupted
You should almost never interrupt — not the Member, and not the other side. If the other party says something wrong or untrue, don't jump in. Write it down on your notepad and deal with it when it's your turn. Interrupting reads as aggressive and the Member will shut it down.
When the Member interrupts you, stop talking and listen — they're usually steering you to what they need or away from what doesn't matter. Answer their point, then ask "may I finish that point?" if you had more to say. The Member runs the room; working with that, not against it, is how you keep them on your side.
- 6
When the other side lies in person
It happens — the agent or builder says something across the table you know is false. The instinct is to shout "that's a lie". Don't. It makes you look like the difficult one and tells the Member nothing. Instead, note it, stay calm, and answer with a document when it's your turn: "The other party said X. The email at tab 6, dated [date], shows Y."
A contemporaneous document quietly beats a confident assertion almost every time. That's the whole reason for a tidy evidence bundle. Let the paper trail call it out for you — your composure makes the contrast obvious.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Greet correctly, then say who you are
"Mr/Ms [Surname]" (or Sir/Madam, or Your Honour for the President or a Judge), then your name and which party you are.
Open with the issue and the order you want
Three sentences: who you are, what the case is about, what you're asking the Tribunal to order.
Use the four-part shape for each point
Issue, the law or rule, the facts (pointing to the document), then the order. Same shape every time.
Point to the page, don't just describe it
"That's at tab 4" lets the Member read the proof. A described document the Member can't see carries little weight.
Answer the question actually asked
Pause, answer directly, stop. Say "I'm not sure" rather than guessing. Honesty is currency in front of a Member.
Wait your turn instead of interrupting
Note what the other side says, respond with a document when the Member turns to you. Almost never interrupt.
Common reasons people lose
Rambling and telling the whole story at once
A Member working through a busy list needs structure. Dumping every grievance in one breath buries your good points. Open short and use the four-part shape.
Getting into a fight with the other side
Shouting 'liar', talking over people, or arguing directly with the other party makes you look like the problem. Address the Member, not them, and answer with documents.
Interrupting the Member
When the Member speaks, stop. Cutting across them reads as disrespectful and means you miss what they actually need from you.
Guessing or overstating under questioning
An answer that turns out to be wrong damages everything else you say. 'I'm not sure' or 'I'd have to check' is safe and credible. Never invent a fact.
Arguing facts that don't matter
Personal history and side-grievances waste the time you have. Stick to the facts that go to the legal issue and the order you want.
Describing documents you don't point to
If the proof is in your bundle, take the Member to the page. A document the Member can actually read beats an assertion every time.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Ask for the order in plain words
End by telling the Member exactly what you want: "I'm asking the Tribunal to order that [the respondent] pay $X" or "that the bond be released to me." Don't leave the outcome implied.
Be ready to fall back
If the Member signals your primary order is a stretch, have a sensible second-best ready rather than insisting. Flexibility on the remedy can be the difference between something and nothing.
Free help
- NCAT — on the hearing day
Official guidance, including how to address the Member and what happens in the room.
- NCAT — prepare for your hearing
How to get your case and your submissions ready.
- NCAT — representation
When you can be represented and when you speak for yourself.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Your local Community Legal Centre
Free advice and, sometimes, help preparing what you'll say.
Questions self-reps ask
How do I address an NCAT Member?
If the Member's name is displayed, use "Mr [Surname]" or "Ms [Surname]". If you can't see their name, "Sir" or "Madam" is fine.
The one exception: if the Member is the President or a Judge, address them as "Your Honour". You don't need to use the form of address in every sentence — at the start, and when answering a direct question, is plenty.
What should my opening line be?
Three sentences. Greet the Member, say your name and which party you are, then state the issue in one line and the order you want:
"Good morning, Ms Smith. My name is [name], I'm the applicant. This is an application about [the issue], and I'm asking the Tribunal to order [the outcome]."
Then let the Member guide you through the detail.
How should I structure what I say?
For each point, use the same four steps:
- Issue — what this is about.
- Law/rule — the section, term or obligation that applies.
- Facts — what happened, pointing to the tab in your bundle.
- Order — what you want the Tribunal to do.
Same shape every time. Easy to follow, and it keeps you off irrelevant grievances.
Can I interrupt the Member or the other side?
Almost never. When the Member speaks, stop and listen — they're steering you to what they need.
Don't interrupt the other side either. If they say something wrong, note it on your pad and respond when it's your turn. Interrupting reads as aggressive and the Member will shut it down.
What do I do when the other side lies in the hearing?
Don't shout "that's a lie" or argue with them directly — it makes you look like the difficult one. Note it, stay calm, and answer with a document when it's your turn:
"The other party said X. The email at tab 6, dated [date], shows Y."
A contemporaneous document quietly beats a confident assertion almost every time. See our evidence bundle guide.
What if the Member asks me something I don't know?
Say so. "I'm not sure" or "I'd have to check" is far safer than guessing — a wrong answer damages everything else you say.
If the answer is in your bundle, take a moment to find it and point to the page. Honesty and accuracy build credibility; bluffing destroys it.
Do I have to tell the truth even if it hurts my case?
Yes. You have a duty of candour to the Tribunal — don't mislead the Member or hide a relevant fact.
It's also tactical: if a Member catches you shading the truth once, they'll doubt you on everything. Acknowledge the unhelpful fact, then explain why your case still stands.
Related guides
- What to expect at an NCAT hearingThe run of the day, from check-in to the Member's decision.
- What to wear (and bring) to NCATDress code, copies, arrival time and support people.
- NCAT evidence bundle guideThe tabbed bundle you point to when the other side overstates.
- Do I need a lawyer at NCAT?When you speak for yourself and when leave is needed.
Know what you'll say before you walk in
Five questions. Two minutes. You'll walk out knowing the list, the form, the fee, and your statutory deadlines.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.