Enforcing interstate judgments
If you have judgment for payment of money from another state or territory, and the other party does not
pay and has assets (property or money) in New South Wales, it is possible to
enforce this decision in NSW. You will need to register the judgment in an
equivalent NSW court. Generally an equivalent court is determined by the amount
of money owed in the judgment. For example, if the judgment is less than
$100,000, you can register the judgment in a NSW Local Court.
Before taking steps to enforce a judgment in NSW, it is a good idea to get legal advice.
If you have an interstate tribunal order that you want to enforce, you may have to register the order in a court of your state or territory first.
Enforcing interstate judgments - Step by step guide
Step 1: Get a sealed copy of the judgment
You need to get a copy of the judgment has the official seal of
the court. This is called a 'sealed copy of the judgment'.
You can request a sealed copy of the judgment at the court where the original judgment was made. You can contact the court by telephone or in writing. There may be a fee involved depending on the state or territory where you got the judgment.
Step 2: Register the sealed judgment with a NSW Local Court
Once you have a sealed copy of the judgment you need to take it to a Local Court. The sealed judgment 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:
You can also file a copy of the form online using the NSW Online Registry 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 Youtube website.
Instruction: Instructions for filling out Registration or filing of (certificate of) judgment/order
After you complete the form, you will need to attach the sealed copy of the judgment. You can file the form at any Local Court. The filing fee is $92 for an individual and $184 for a corporation (as at 1 July 2017).
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 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.