​After the hearing

After a decision is made in your case, you may need to consider the following:

Appeal

If a noise abatement order is made against the respondent, they may be able to appeal to the Land and Environment Court against the order. An appeal must be filed within 21 days after the date of the order.

If the defendant appeals the order, you should get legal advice.

Varying (changing) or revoking (ending) orders

After an order is made, you or the respondent can apply to the Local Court to change the order (vary) or end the order (revoke). There is no time limit for this.

If you want to vary or revoke the order or if the respondent applies to vary or revoke the order, you should get legal advice.

Costs

If you win your case, you may ask the magistrate to make an order that the other party pay your costs of obtaining the noise abatement order.

If you lose your case, you may have to pay the legal costs of the other party.

For more information, see Costs.

Breach of an order

If a noise abatement order is issued, your neighbour must stop the noise as set out in the order.

If your neighbour continues to make the noise, they may be breaching (breaking) the order. It is an offence to breach an order. You may report the breach to the police, the Environment Protection Agency or your local council.

For more information, see Breach of order.