Responding to a noise order

If your neighbour has a problem with you causing noise, they may have applied for a noise abatement order to be made against you at the Local Court.

A noise abatement order is a court order to stop particular noise.

You will be served (given) a copy of an application for the order. There will be a date to go to court on the application. If you want to oppose the application for an order, you will have to go to court to respond.

Noise abatement orders

A noise abatement order is a court order that requires you to stop making the type of noise specified in the order.

For more information, see Noise abatement orders.

How to respond

If you want to oppose the order, you will need to go to court on the date listed in the application.

If you don't want to go to court, you should think about whether there is another way you could resolve the problem. You can try negotiating with your neighbour or mediation. Going to court will cost you time and money.  Mediation through the Community Justice Centre is free.

For more information, see Talking to your neighbour.

The mention

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 want to know how you want to respond to the application.  

For more information, see The mention.

Preparing for the hearing

If you decide to defend your neighbour's application for a noise abatement order you will need to prepare for a hearing at the Local Court. 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.

Going to the hearing

After preparing your case you will need to attend the hearing and present your evidence.

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 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 ask the court to make an order for your neighbour to pay for your costs.

If the order is made, you may want to file an appeal. You must do this within 21 days of the decision.

For more information, see After the hearing.

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