Enforcing a Local Court order
When the Local court makes a decision about the fencing work that should be done, it may make several types of orders.
If you or your neighbour do not comply with an order of the Local Court to pay a specific amount, (or you have a money order from the NSW Civil and Administrative Tribunal (NCAT) that you have registered in the Local Court), it is possible to take enforcement action.
Orders to get quotes and carry out fencing work
If the Local Court makes an order for you and your neighbour to get quotes for fencing work or carry out fencing work, it will usually adjourn (postpone) the case to give you and your neighbour time to do this. These sorts of orders are often called 'interim orders'. The court will not usually close your case until it has made an order about the specific costs that you and your neighbour have to pay for the fencing work or you and your neighbour have resolved the dispute.
When the court makes interim orders it may also tell you when you and your neighbour should come back to court. If you are not given a date to come back to court, and you have not been able to finalise the fencing work or payment, you can contact the court and ask for your matter to be 're-listed'. When you go back to court the magistrate can make an order about the specific amount that you and your neighbour have to pay and how and when these costs should be paid.
For information about orders to pay a specific amount, see below.
Orders to pay a specific amount
When the court makes final orders for you and your neighbour to pay specific amounts this is often called a 'judgment'. The judgment can be enforced through the Local Court.
You have 12 years from the date of the judgment to enforce it.
What is enforcement action?
Enforcement action may include:
- asking the court to order the sheriff to seize and sell your neighbour's property (called a 'writ for the levy of property')
- asking the court to order that your neighbour's bank or employer take money from your neighbour's bank account or wages (called a 'garnishee order')
- getting an order requiring the debtor (your neighbour) to answer questions about their finances (called an 'examination').
There are fees for taking some of these steps.
For more information on how you can enforce an order, see Enforcement in the Local Court - smalls claims topic.
To find out what you can do if your neighbour takes enforcement action against you, see If you don't pay in the Local Court - small claims topic.
For answers to commonly asked questions, see Frequently Asked Questions.