NCAT Practice and Procedure

Confront NCAT’s complexities head-on with this focused program, crafted to address common concerns and pitfalls. Wondering if NCAT is the right forum? Gain clarity on when to opt in, tackle jurisdictional challenges, and learn effective techniques for handling and challenging evidence. Sharpen your advocacy skills to present a strong case with a competitive edge. And if an appeal is necessary, discover how to build a compelling argument. This seminar equips you with the strategies and insights needed to navigate NCAT’s obstacles and achieve the best possible outcomes.

Friday, 7 March 2025
Chair:

Mark Robinson SC, Barrister, Macquarie Street Chambers

9.00am to 10.00am When to Opt into NCAT: Jurisdictional Issues and Other Considerations

 

  • Instigating and responding to proceedings in NCAT
  • Writing submissions for NCAT: practical tips

Presented by Jason Polese, Barrister, Clarence Chambers

10.00am to 11.00am Practice and Evidence in NCAT, A Cautionary Tale

Presented by Timothy Bland, Barrister, Hunter Street Chambers

Description

Attend and earn CPD units including:
2 units in Substantive Law
2 units in Professional Skills

This program is based on NSW legislation

11.00am to 11.15am Break
11.15am to 12.15pm Effective Advocacy: Practical Advocacy Tips for NCAT

 

  • Tips for effective preparation, presenting cases confidently, and managing client expectations
  • Ethical obligations to consider
  • Appearing against self-represented parties, obligations and best practice
  • Oral addresses: clarity, brevity and focus on key points and the use of plain language and adjusting for tribunal members’ perspectives
  • Handling evidence and questioning effectively
  • Observing decorum and respect for tribunal procedures
  • Common mistakes in NCAT advocacy and strategies to avoid them

Presented by Paul Folino-Gallo, Barrister, Third Floor Wentworth Chambers

Professional Skills
12.15pm to 1.15pm Grounds of Appeal

 

  • Appeal process
  • Leave to appeal
  • Errors of law and of fact

 Presented by Mark Isaac, Barrister, Tenth Floor St James Hall Chambers

Presenters


Mark Robinson SC, Macquarie Street Chambers
Mark Robinson is a Senior Counsel based in Sydney practising in administrative law and general law. He was a founding part-time Judicial Member of the Administrative Decisions Tribunal of New South Wales in the General Division - hearing matters on privacy and freedom of information. He served on that tribunal and its Appeal Panel for seven years. For sixteen years, Mark was an occasional part-time lecturer in undergraduate ‘Administrative Law’ in the Law Faculties of the University of Sydney and the University of New South Wales. For twenty six years, Mark acted as the lead author and editor of New South Wales Administrative Law, a two volume looseleaf service, published by Thomson Reuters (since 1996) which covers Supreme Court judicial review, the NSW Civil and Administrative Tribunal (NCAT), statutory interpretation, freedom of information and privacy. Mark has authored and edited three legal texts (each published by Thomson Reuters): Judicial Review: The Laws of Australia published in 2014, with an encyclopaedic coverage of judicial review Australia wide; NCAT - Practice and Procedure, 2nd ed, published in 2020; and Administrative Law: The Laws of Australia, published in 2017. It concerns State and Federal tribunals and it also covers the Ombudsmen and freedom of information around Australia.


Timothy Bland, Barrister Hunter St Chambers
Tim Bland came to the Bar from a background in human services and the building industry for the first 20 years of his working life. Educated at Melbourne's Wesley College he has from there achieved a BA in 1991 and LLB in 2000. Tim was admitted to practice in 2000 and called to the Bar in 2002. He worked in a boutique construction law firm from 1999 to 2001. Since admission he has focused on building & construction disputes and has is an accredited Adjudicator under both the Queensland and NSW security for payment acts. He has also obtained a post-graduate qualification in mediation and arbitration. Tim appears in all jurisdictions that have a building & construction division or focus including but not limited to Builder Licensing in the ADT Home Building matters in the NCAT, Local District and Supreme Court. He has also appeared in the superior courts of Victoria and Queensland. Tim is able to focus the industry knowledge, which is kept current by membership of the Master Builders Association and serving their committees, and legal expertise to each matter in which he is briefed. Tim also appears in the Corporations list of the Supreme Court on insolvency matters and the Federal court in Bankruptcy matters. He regularly takes other commercial briefs to which he applies the same attention and skill. Tim regularly appears in courts and tribunals in rural and regional NSW.


Mark Isaac, Barrister, Tenth Floor St James Hall Chambers
Mark was admitted to the NSW Bar in May 2021. Prior to coming to the Bar, he obtained his degree in Bachelor of Laws at the University of Auckland and was admitted to the High Court of New Zealand in 2014. He has gained experience working as a solicitor at Willis & Bowring and appearing in NSW Civil and Administrative Tribunal, Local and District Courts, the Federal Circuit and Family Court of Australia and the Supreme Court. Mark is building a strong practice in equity, bankruptcy & insolvency and commercial disputes. He also practises in appellate law, building and construction and real property.


Paul Folino-Gallo, Barrister, Third Floor Wentworth Chambers


Jason Polese, Barrister, Clarence Chambers
Jason practises in general commercial litigation, with a keen interest in consumer law, property and employment. Jason has appeared and been involved in all NSW civil jurisdictions, including the NCAT, Local Court, District Court, Supreme and Federal Courts, on a wide variety of matters including, business and commercial disputes, corporate litigation including statutory demands and winding up, bankruptcy, partnership matters, employment, equity and trust matters, and debt recovery. Prior to being called to the Bar, Jason worked as a solicitor in small firms, with a hands-on approach to clients. Previous to being admitted as a Lawyer, Jason was a hospitality Guru, managing employees and businesses for large restaurant groups, international hotels and running businesses of his own. As a Lawyer, Jason has brought this business “know-how” to assist commercial clients with his insight and understanding of the business and hospitality domain. His main areas are commercial and corporate litigation, property, insolvency and bankruptcy, building and construction and employment.

WEB253N36

NCAT Practice and Procedure

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Friday, 7 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
Online 20241203 20250307

Online

Register
On Demand 20241203 20250307

Post Seminar Recording

Register