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.
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.
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:
You can get copies of forms from:
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 $96.00 for an individual and $191.00 for a corporation (as at July 2019).
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.
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:
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.