Enforcing a NCAT order
The NSW Civil and Administrative Tribunal (NCAT) can make different types of orders. The orders that are made will affect the steps you need to take 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 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.
Orders to take action
NCAT may order that you or your neighbour take some action, for example, arrange for a new fence to be built. NCAT may set a time period for this to be done, for example within three months of the date of the hearing.
If your neighbour does not do what NCAT orders within the time NCAT set, you can ask for 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.
To make a renewal application you will need to file a renewal application form and pay a filing fee of $54.00 (as at 1 July 2022).
You can ask for your case to be renewed at any time up to 12 months after the end of the time set to take the action in the orders.
For more information, see Applying to renew NCAT proceedings - Step by step guide.
For further information on how to renew an application, go to the
NCAT website.
Orders to pay money
If NCAT made an order that your neighbour pay you a specific amount of money and your neighbour does not pay you the amount ordered, it is possible to try and recover the money you are owed by taking enforcement action in the Local Court.
Before you can enforce a NCAT order in the Local Court, you must get a certificate from NCAT certifying the amount your neighbour has been ordered to pay you.
For more information, see
Certifying and registering an NCAT order.
Once you have a certificate from NCAT, you can register it with the Local Court and it will have the same effect as a judgment of the Local Court. You can then try to recover the money you are owed by taking enforcement action in the Local Court. For more information, see
Enforcing a Local Court order.
If you have not paid your neighbour your share for the fencing work, your neighbour may register a judgment against you in the Local Court and then try 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.