Step by step guide: Enforcing NCAT orders
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.
There is no time limit to
register a NCAT order with the Local Court however the Court can exercise
discretion in accepting older orders. Once the
NCAT order is registered, you have 12 years from the date of registration to
enforce the judgement debt.
Step 1: Get the order certified
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.
Step 2: Register the certified order with the Local Court
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 for filling out 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 $101.00 for an individual and $202.00 for a corporation (as at 1 July 2022).
Once the order is registered, it will have the same effect as a judgment of the Local Court.
Step 3: Enforce the judgment through 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.
You have 12 years to enforce an NCAT order.
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 Working out post-judgment interest.