NCAT Practice and Procedure
What better way to master your practice and procedure in the NCAT than to hear firsthand from the experts themselves? Hear directly from the Deputy President and Division Head Mark Harrowell and other eminent experts practicing in this division. Pick up essential tips and tricks as they share their experience and provide practical guidance on the key issues faced when litigating in NCAT. Gan an A to Z of practice, procedure and advocacy in NCAT & a guide to appeals before the Appeal Panel. 223N29
Description
Attend and earn 3 CPD units including:
2 units in Professional Skills
1 unit in Substantive Law
This program is based on NSW legislation
Chair: Carol Webster SC, Tenth Floor St James Hall Chambers
2.00pm to 3.00pm INSIGHTS FROM NCAT: NCAT’s Jurisdiction and Appeals to the Appeal Panel
- Overview of NCAT's jurisdiction and structure
- When NCAT is the most appropriate jurisdiction
- Constitutional questions
- Appeals to the Appeal Panel
- Appeal Panel or NCAT
- Role of Supreme Court-Judicial Review
- What are appealable decisions
- Appeals on interlocutory decisions
- When is it a question of fact or law?
Presented by Deputy President Mark Harrowell, Division Head and Deputy President of CCD, NSW Civil and Administrative Tribunal (NCAT)
Professional Skills
3.00pm to 4.00pm Effective Advocacy in NCAT: Practical Tips
- Advocacy on Internal and External Appeal matters
- Advocacy before the Appeal Panel
- The role of laws relating to evidence in the Tribunal
- Onus of proof before the Tribunal
Presented by Mark Robinson SC, Maurice Byers Chambers; Co-author, NCAT Practice and Procedure, 2nd edition, 2020, Thomson Reuters
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm NCAT Practice and Procedures: Refresher
- Applying to NCAT and commencing an appeal to the Appeal Panel
- Parties and representation
- Preparing evidence, including expert evidence
- Applying for non-publication or non-disclosure orders
- Summonses
- Adjournments
- Costs
Presented by Dr Juliet Lucy, Barrister, Level 6 & 7 St James Hall Chambers and Senior Member, NCAT; Co-author, NCAT Practice and Procedure, 2nd edition, 2020, Thomson Reuters
Presenters
Carol Webster
Carol Webster is a senior counsel practising from Tenth Floor St James Hall Chambers. She was appointed Senior Counsel in 2012 and called to the Bar in 1997. Carol is a leading discipline silk in New South Wales. Her principal areas of practice are appellate, professional disciplinary proceedings including the legal and medical professions and defence disciplinary inquiries; administrative law, judicial review applications, equity, property and succession law. Carol was the Bar Association's representative on the Reference Group which advised the Steering Committee overseeing the establishment of the NSW Civil and Administrative Tribunal and is the Bar Association nominee of the NCAT Liaison Group.
Mark Robinson SC
Mark 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. For twenty three 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 books in recent years (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 edition, 2020; and Administrative Law: The Laws of Australia, published in 2017.
Dr Juliet Lucy
Juliet Lucy is a barrister at Maurice Byers Chambers in Sydney. She has a general practice with a strong focus on public law. Juliet appears regularly in the Supreme Court and Federal Court in judicial review proceedings, high risk offender matters and family provision disputes. In addition to her work at the bar, Juliet is a Senior Member of the NSW Civil and Administrative Tribunal, assigned to the Appeal Panel and the Administrative and Equal Opportunity, Occupational and Consumer and Commercial Divisions of the Tribunal. Prior to coming to the bar, Juliet was a senior solicitor at the NSW Crown Solicitor’s Office. Juliet has also worked as a legal academic at Western Sydney University and Macquarie University. She regularly gives papers on topics including procedural fairness and the grounds of judicial review and published, with Mark Robinson SC, NCAT - Practice and Procedure, 2nd edition, 2020.
Deputy President Mark Harrowell
Mark Harrowell is a legal practitioner with 40 years having been admitted in 1982. He has a background in litigation, specialising in commercial litigation where he has acted for both large corporations and individuals in a range of building disputes. Areas of practice include Contract Law, Trade Practices, Corporation’s Law, Trusts and Intellectual Property disputes. In addition he has undertaken some work in Criminal Law. From 1990 until 2012 he was a partner in two large Sydney law firms, principally practicing in the area of commercial litigation. Between 1999 and 2003 he was a managing partner of one of those law firms. In 2012 he became a part time Senior Member of the Consumer, Trader and Tenancy Tribunal. In 2013 he became a full time Member of the CTTT, being appointed as the Deputy Chairperson (Determinations). Upon the creation of NCAT in 2014 he became a Principal Member and List Manager of the Consumer and Commercial Division of the Tribunal. In 2016, he became a Principal Member of Appeals. In Sept 2019 he was appointed Deputy President and Division Head of the Consumer and Commercial Division. In addition to his work as division head, he continues to sit on the Appeal Panel of the Tribunal in relation to appeals from the Consumer and Commercial division and other divisions of the Tribunal.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km