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If the NSW Civil and Administrative Tribunal (NCAT) have ordered your neighbour to take some action, and this has not been done within the time NCAT set, you can ask NCAT to renew the case. This means the case goes back for further hearing at NCAT. NCAT could then make new orders (like an order to pay money).
You need leave (permission) from NCAT to renew a case. Sometimes the tribunal member who made orders will have made an order giving you leave to renew a case if orders are not followed. Check the orders made by NCAT to see what orders were made in your case.
If there is nothing in your orders giving you leave, you can still apply to NCAT to renew your application. You can ask for your case to be renewed any time up to 12 months after the end of the time set to take the action in the orders.
If you are out of time or are unsure as to whether you should make this application, you should get legal advice.
The following steps will help if you want to make an application to renew the proceedings at NCAT.
You will need one form:
You can get this from:
You need to fill in the form. You can:
You will need to include the following information:
Sample: Renewal of proceedings application.
When you have finished filling out the form, you need to sign and date it.
You should make a copy of the completed form and keep it for your records.
You must pay a filing fee with your application to reinstate proceedings. As at December 2019, the renewal of proceedings fee is the same as the original application made to NCAT.
In some circumstances an applicant can ask not to pay a fee (a fee waiver) or for a fee to be postponed (paid later).
For more information, see Reduced fees and fee waivers on the NCAT website.
If you are paying in person you can pay by cash, eft pos, cheque, money order or credit card. If you want to pay by credit card you must fill in a credit card authority form. NCAT will charge you a surcharge for paying by credit card.
For information, see Fees at NCAT on the NCAT website.
You will then to lodge your application form and the filing fee to NCAT.
You can do this in person at NCAT registries, NSW Fair Trading Centres or Service NSW Centres.
NCAT will make a decision as to whether the application for renewal is successful or not.
If your renewal application has been accepted by the Tribunal, you will receive a notification from the tribunal regarding when you have to attend NCAT.
If your application to renew the proceedings has been rejected by NCAT, you may be able to appeal the decision.
Before you decide to appeal, you should get legal advice.