Applying for a noise abatement order
There are five steps for making an application for a noise abatement order at the Local Court.
Making an application – Step by step guide
Step 1: Get the form
You will need one form:
- Application Notice – General.
This form is called 'Application to the Local Court'.
You can get copies of the form from:
Step 2: Fill in the form
You will need to fill in the form.
When you complete the form you must include:
- your name and address
- your neighbour's name and address
- a brief description of the noise problem
- that you want a noise abatement order
- the grounds (reasons) why you want a noise abatement order to be made.
Instructions: Instructions for filling out a noise abatement order application
Sample: Sample noise abatement order application
Step 3: File the form
Once you have completed your form you must:
- file it at the Local Court
- pay the filing fee. You can check the current filing fee on the Local Court website.
The registrar of the court must sign your form before it can be accepted by the court. You should check with your Local Court to find out how they do this. The court staff may make an appointment for you to see the registrar.
The registrar will look over your application to assess whether:
- your form shows the grounds (reasons) for the application
- you have used the correct form
- there is any reason for refusing the application.
Take the original and three copies of your application. The court will stamp all the copies and keep the original. You will then have one copy to serve on your neighbour, one to keep and one spare.
The registrar may ask if you and your neighbour have tried mediation or made any other attempts to resolve the problem. The registrar may refer you a Community Justice Centre (CJC) for mediation and ask you to come back to court if the mediation is unsuccessful.
For more information on how to prepare for mediation, see Mediation.
Step 4: Serve your application
You must serve one stamped copy of the application on your neighbour. You can do this by:
- giving the application to your neighbour in person, or
- leaving the application in the presence of your neighbour, or
- arranging for the sheriff at the court to serve the application, or
- arranging for a private process server to serve the application.
You can check the fee for service by the sheriff on the Local Court website.
The person who has served the application will need to complete the "Statement of Service" section on your stamped copy of the application. You can provide this to the court at the mention if you are asked about proof of service.
Step 5: Prepare for the mention
The Local Court will write the day and time that your case is listed for 'mention' on the filed application. You must go to court on this date or your application will be dismissed. For more information, see The mention.
If you need an interpreter, you should tell the court as soon as possible so that one can be arranged for the mention. The court will pay for the interpreter.