A Form 2 Response is a document prepared by the respondent setting out their response to the Initiating Application. The Response is important in identifying the scope of a dispute.
Depending on the type of matter, a respondent may or may not be required to file a Response to the Initiating Application in order to participate in a NTCAT proceeding.
The standard orders accompanying an Initiating Application will state if a response is required and when it must be provided to the applicant and NTCAT.
If ordered to do so, a respondent must file a response using a Form 2 Response, to participate in a NTCAT proceeding.
Failure to file a response when so ordered may result in the matter proceeding to an uncontested hearing and orders being made in the absence of the respondent.
If you are a respondent, you should carefully read the Completing a Form 2 Response guide to ensure you have included enough information for NTCAT and the applicant to understand the grounds you are relying on to dispute any claims that have been made in the initiating application.
A respondent who has a claim against an applicant (a counterclaim) may be entitled to include it in the Form 2 Response.
This is permitted if the counterclaim is sufficiently connected to the issues raised by the applicant in their Initiating Application.
If the issues in the counterclaim are not sufficiently connected, NTCAT may direct a respondent to commence a separate proceeding (by way of filing their own Initiating Application).