Previous Page

Step by Step guide - Certifying and registering an NCAT order

 

The NSW Civil and Administrative Tribunal (NCAT) cannot enforce its own decisions. NCAT orders may be registered with the Local Court for enforcement.

There are three steps you need to take to enforce an order of NCAT.

  • Time Limit

    Time Limit

    You have 6 years to register an NCAT order with the Local Court . Once the NCAT order is registered, you have 12 years from the date of registration to enforce the judgment debt through the Local Court.

If NCAT has made an order that a specific amount be paid to you by your neighbour, it can issue a certificate. This confirms the amount that your neighbour has been ordered to pay you. 

You can get a copy of the certificate from NCAT :

There is no fee for this service. NCAT will send the certificate to you.

Once you have an NCAT certificate, you need to take it to a Local Court. The certificate will be registered as a judgment of the Local Court.

You will need to complete one form:

  • Form 45 - Registration or Filing of (Certificate of) Judgment/Order.

You can get copies of forms from:

After you complete the form, you will need to attach the NCAT certificate.

You can then file the form at any Local Court. The filing fee is $109.00 for an individual (as at 1 July 2023). You can check the current list of court fees on the Local Court website. 

Once the certificate is registered, it will have the same effect as a judgment of the Local Court.

If your application for Fencing Orders was heard by the Local Court, and the Local Court made orders that your neighbour pay you a specific amount, you do not need a certified copy of those orders. You can go straight back to the Local Court and have the Local Court decision enforced.

Once you have a registered judgment, you can start enforcement action to try to get the money your neighbour owes you.

You will be called the 'judgment creditor'. Your neighbour will be called the 'judgment debtor'.

Enforcement action may include:

  • asking the Sheriff to seize and sell your neighbour's property (called a 'writ for the levy of property')
  • asking the Sheriff to take money from your neighbour's bank account or wages (called a 'garnishee order')
  • getting an order requiring the debtor to answer questions about their finances (called an 'examination').

There are fees for taking some of these steps.

For more information on how you can enforce a judgment, see Enforcement in the My Money topic.

If you have not paid your neighbour your share for the fencing work, your neighbour may register a judgment against you in the Local Court and then try to enforce that judgment. For more information, see  Responding to enforcement in the My Money topic.

Resources

Resolving fencing disputes

Guided Pathway - Resolving fencing disputes. This guided pathway aims to give you information specific to your legal problem based on the responses you provide.

Ways to get help

Solicitor Referral Service

For help finding a solicitor, call the Solicitor Referral Service of the Law Society NSW on 02 9926 0333 Monday to Friday between 9am–12pm and 1pm–4pm.

NC​AT registries

Contact NCAT on 1300 006 228 between 8:30am to 4:30pm Monday to Friday (excluding public holidays).

Courts Service Centre

To contact the Local Court, call the Court Service Centre on 1300 679 272, Monday to Friday between 8:30am and 4:30pm (excluding public holidays), or email your nearest Local Court.