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Applying for a noise abatement order
There are five steps for making an application for a noise abatement order at the Local Court.
You will need one form:
This form is called 'Application to the Local Court'.
You can get copies of the form from:
You will need to fill in the form.
When you complete the form you must include:
Instructions: Instructions for filling out a noise abatement order applicationSample: Sample noise abatement order application
Once you have completed your form you must:
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:
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.
You must serve one stamped copy of the application on your neighbour. You can do this by:
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.
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.