Step by step guide: Certifying and registering a NCAT order

NCAT cannot enforce its own decisions. NCAT orders may be registered with the Local Court for enforcement.

There are three steps you need to take to enforce an order of NCAT:

There is no time limit to register a NCAT order with the Local Court however the Court can exercise discretion in accepting older orders. Once the NCAT order is registered, you have 12 years from the date of registration to enforce the judgement debt.

Step 1: Get NCAT to certify (confirm) the amount ​to be paid

If NCAT has made an order that a specific amount be paid to you by your neighbour, it can issue a certificate. This confirms the amount that your neighbour has been ordered to pay you.

You can get a copy of a certificate you should contact NCAT:

There is no fee for this service. NCAT will send the certificate to you.

Step 2: Register t​he NCAT certificate with the Local Court

Once you have an NCAT certificate, you need to take it to a Local Court. The certificate will be registered as a judgment of the Local Court.

You will need to complete one form:

• Form 45 - Registration or Filing of (Certificate of) Judgment/Order.

You can get copies of forms from:

• your nearest Local Court
  
• the Uniform Civil Procedure Rules (UCPR) website.

After you complete the form, you will need to attach the NCAT certificate.

You can then file the form at any Local Court. The filing fee is $101.00 for an individual (as at 1 July 2022).

Once the certificate is registered, it will have the same effect as a judgment of the Local Court.

If your application for Fencing Orders was heard by the Local Court, and the Local Court made orders that your neighbour pay you a specific amount, you do not need a certified copy of those orders. You can go straight back to the Local Court and have the Local Court decision enforced.

Step 3: Enforce judg​ment through the Local Court

Once you have a registered judgment, you can start enforcement action to try to get the money your neighbour owes you.

You will be called the 'judgment creditor'. Your neighbour will be called the 'judgment debtor'.

Enforcement action may include:

• asking the Sheriff to seize and sell your neighbour's property (called a 'writ for the levy of property')
• asking the Sheriff to take money from your neighbour's bank account or wages (called a 'garnishee order')
• getting an order requiring the debtor 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 a judgment, see Enforcement in the Local Court - Small Claims topic.

If your neighbour has had an order registered as a judgment against you, they may take steps to enforce that judgment. For more information about what you can do when someone is trying to enforce a judgment 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​​​.