Department of Justice is now the Department of Communities and Justice. Find out more >
This page has information about what happens after the Local Court or the NSW Civil and Administrative Tribunal (NCAT) makes a decision about your case.
If orders were made in the Local Court without you being there, you may be able to make an annulment application. This means the orders would be set aside and there would be a new hearing.
An annulment application must be made within two years of the date the orders were made. If you missed the hearing, you should get
legal advice straight away.
If you were the person who applied to NCAT and you missed your hearing date, NCAT may have dismissed your application. You may be able to apply to reinstate the proceedings if you have a reasonable excuse.
You must make this application within seven days from when the matter was dismissed.
For more information, see Applying to reinstate NCAT proceedings - Step by step guide.
For further information on how to reinstate an application, go to the NCAT website.
If you missed the hearing and orders were made by NCAT without you being there, you may be able to make an application to set aside the orders. This means that the orders would be deleted and there would be a new hearing.
You must make this application within seven days from when the orders were made by NCAT. If it is more than seven days from when the orders were made and you want to make an application to set aside a decision you should get legal advice. NCAT is able to extend the time for an application.
For more information, go to the
NCAT website. If you want to make an application to set aside, you should get
You may be able to appeal a decision of the Local Court. Any appeal must be filed within 28 days of the decision.
If you want to appeal a decision of the Local Court, you should get
If you are unhappy with a decision of NCAT you may be able to appeal to the appeals panel of NCAT. In some cases you will have to seek leave (permission) to appeal.
You must pay a filing fee of $429 (as at 1 July 2019). If you cannot pay this fee you can ask for the fee to be waived (not charged) or postponed (paid later).
A decision of NCAT can be appealed to the NCAT Appeal Panel. You have 28 days from when you were:
If you were not given a written statement of reasons for the decision by NCAT, you can ask for a written statement of reasons within 28 days after you are notified of the NCAT decision. The written statement of reasons should explain NCAT's decisions on the facts, the law and how the tribunal member came to the decision.
For more information on appealing including fees and the appeal form, go to the NCAT website.
If you think you want to appeal, you should get
If you are unhappy with the decision of the appeals panel you may be able to appeal to the Supreme Court of NSW. You have 28 days to appeal the decision to the Supreme Court.
If you want to appeal from a decision of the appeals panel you should get
After Fencing Orders are made, both neighbours should follow the orders. If either neighbour does not follow the orders, there are things that can be done to enforce the decision.
Case study - Amal and Katerina
Amal and Katerina have not been able to agree on what type of fence should divide their properties. Amal made an application to the NSW Civil and Administrative Tribunal (NCAT) for a Fencing Order. The tribunal member made orders that Amal arrange for a steel fence to be put up between their properties at a cost of $2000.
Amal was to pay the fencing contractor when the work was finished, and Katerina was supposed to pay Amal half the cost at the same time. The fencing work has been completed, and Amal has paid the fencing contractor, but Katerina is refusing to pay Amal her half of the cost of the new fence.
The steps you or your neighbour need to take to enforce a decision will depend on whether that decision was made by NCAT or the Local Court.
Before you pay for expensive fencing work, think about whether your neighbour is likely to have the money or assets to pay for their share. Before you start proceedings to enforce a debt, you should get
For answers to commonly asked questions, see Frequently Asked Questions.
Local Courts NSW