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Step by step guide - Enforcing NCAT orders

Information about how enforce orders made in the NSW Civil and Administrative Tribunal (NCAT).

  • Time limit

    Time limit

    You must register an NCAT order with the Local Court before you can enforce it. The time limit to register a NCAT order with the Local Court is 6 years from the date of the order.

    Once registered, you will then have 12 years to enforce the judgment of the Court.

If you have an order for the payment of money from the NSW Civil and Administrative Tribunal (NCAT) and the other party does not pay, it is possible to enforce this decision through the Local Court. Before you can enforce the NCAT decision, you need to register it as a decision of the Local Court. 

If you have a ‘warrant  for possession’ or an order to do work or take action see Enforcing orders on the NCAT website.

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 judgement debt.

You need to get a document that confirms the order that has been made by NCAT. This is called a 'certified copy of the order'. 

You can contact NCAT to request a certified copy by telephone or in writing. For NCAT contact details, see Contact NCAT on the NCAT website. 

There is no fee for this service. NCAT will send a certified copy of the order to you. 

Once you have a certified copy of the order you need to take it to a Local Court. The certified order 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 a copy of the form from:  ​

Instructions:  ​​Instructions - Registration or filing of certificate of judgment/order

After you complete the form, you will need to attach the certified copy of the NCAT order. 

You can file the form at any Local Court. The filing fee is $109.00 for an individual and $218.00 for a corporation (as at 1 July 2023).  For a list of the current fees see Fees on the NSW Local Court website.

For a video guide on registering the judgment using the NSW Online Registry, see How to register a Certificate of Judgment or Order in the NSW Courts on the NSW Online Registry , on the Youtube website.

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

Once you have a registered judgment, you can start enforcement action to try to get the money you are owed. 

You will be called the 'judgment creditor'. The respondent will be called the 'judgment debtor'. 

Enforcement action may include:

  • asking the sheriff to seize and sell the judgment debtor's property (called a 'writ for the levy of property')
  • taking money from the judgment debtor's bank account or wages (called a 'garnishee order')
  • getting an order requiring the judgment 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.

The time limit to register a NCAT order with the Local Court is 6 years from the date of the order.

Once registered, you will then have 12 years to enforce the judgment of the Court.

If you want to claim post-judgment interest on the unpaid amount, you can calculate the interest from the date NCAT ordered the amount be paid to you. For more information, see Step by step guide - Working out post-judgment interest.

Resources

Recovering money

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