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Applying for a noise order
If you have a problem with a noisy neighbour you can try to stop the noise by making an application for a noise abatement order at the Local Court.
Before you go to court, you should think about whether there is a better way to resolve the problem. You can try negotiating with your neighbour, or try mediation. Going to court will cost you time and money and can affect your relationship with your neighbour. Mediation is free. For more information, see Talking to your neighbour.
A noise abatement order is a court order that requires someone to stop making the type of noise specified in the order.
For more information, see Noise abatement orders.
You can make an application for a noise abatement order at your nearest Local Court. You will need to fill in a form and file it at the court.
For more information, see Applying for a noise abatement order.
The first time you go to court is called the 'mention'. You should make sure you are on time. At the mention, the magistrate will ask you and your neighbour what you want to do.
For more information, see The mention.
After you make an application for a noise abatement order, you will need to prepare your case. You should gather your evidence, follow any directions made by the court and plan what to say at the hearing.
For more information, see Preparing for the hearing.
Once you have prepared your case the next step is to attend the hearing and present your case.
Your case will run more smoothly if you know some of the rules about what to say and do in the courtroom and you understand the steps of the hearing. Sometimes you or the other party may need to postpone the hearing to another date. This is called an 'adjournment'.
For more information, see Going to the hearing.
After hearing both sides of the dispute, the magistrate will decide whether a noise abatement order should be issued.
If an order is not made, you may be ordered to pay some of your neighbour's costs. If you are not happy with the court's decision you may want to file an appeal. You must do this within 21 days of the decision.
If an order is made you may need to enforce the order.
For more information, see After the hearing.
Local Court NSW
NSW Online Registry
NSW Environment Protection Authority (EPA) - Seeking noise abatement orders
NSW EPA - Seeking noise abatement orders