Step by step guide: Going to NCAT 

The following steps will help you if you want to make an application for a Fencing Order at the NSW Civil and Administrative Tribunal (NCAT).

​An application for a Fencing Order can only be made if a Fencing Notice was served by you or your neighbour at least one month earlier. For more information, see Fencing Notices.

If you decide to go ahead with your application to NCAT and it is refused, you can apply to the Local Court with a copy of the letter from NCAT together with a completed summons and affidavit form. You should get legal advice in this situation.​

Step 1: Get an applicati​​on form

You will nee​d one form:

You can get this form from:

• NCAT registries
• the NCAT website

​Step 2: Fill i​​n the application form

You need to fill in the form. You can:

• download a fillable PDF form and fill it in on your computer or device, or
• print out the form and fill it out using blue or black pen.

You should include the following information:

• whether a Fencing Notice has been served
• the date the Fencing Notice was served
• a full description of the land where the fencing work is to be done, including street address, lot or portion number
• your details including address
• the details of the owner of the neighbouring property
• any dates you are not available to go to NCAT
• any special access needs or whether you need an interpreter
• what orders you want about fencing work, or example, an order determining the boundary or an order determining the fencing work to be carried out
• describe the fencing work you want done, for example, the removal of an old fence, what you would like any new fence to be made of, the height and location of the fence and who you would like to do the work on the fence
• the estimated cost of the fencing work including how the cost should be divided between the neighbours.

For a completed example of what an application to NCAT could look like, see Sample Dividing Fences Application (NCAT).

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.

Step 3: Attach the Fenci​​ng Notice

You should attach a copy of the Fencing Notice that you sent to your neighbour (or your neighbour sent to you) to your Application.

If it was not possible to serve a Fencing Notice on your neighbour, you may still be able to apply for a Fencing Order. When you fill out the form, you should explain the steps you took to find and contact your neighbour. For more information on what you can do to find your neighbour, see Finding your neighbour.

You do not need to send or attach a Fencing Notice if you are:

• claiming half the costs for fencing work that was urgent and done without a Fencing Notice being served.
• challenging a claim for half the costs for urgent fencing work.

However, you will need to attach other information to support your application. For example, if you believe that urgent fencing work was necessary and that your neighbour should contribute to the costs, you should attach information explaining what happened and why the work was urgent. For more information, see Urgent fencing work.

Step 4: Send the application form and fee to NCAT

You must pay a filing fee with your application. The fee is $54.00 for claims worth less than $10,000​ (as at 1 July 2022). Pensioners and full time students that get a government benefit can pay a reduced fee of $13. In some circumstances an applicant can ask not to pay a fee (a fee waiver) or for a fee to be postponed (paid later).

If you are paying in person you can pay by cash, eft​pos, cheque, money order or credit card. If you are lodging your application by post you can pay by 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 on fees, go to the NCAT website.

You will need to give your application form and the filing fee to NCAT. You can do this:

• in person at NC​AT registries, NSW Fair Trading Centres or Service NSW Centres
  
• by post to an NCAT registry.

Step 5: Wait for a Notice of Conciliation and Hearing

After you file your application, NCAT will send a Notice of Conciliation and Hearing to you and your neighbour telling you when and where it will hear your case.

NCAT hears matters in Liverpool, Penrith, Sydney city, Newcastle, Tamworth and Wollongong. NCAT also holds hearings at other locations in NSW and sometimes runs hearings by telephone. NCAT will tell you what arrangements are made for your case.

You should start preparing for the hearing as soon as possible. For more information, see:

• Step by step guide: Preparing for the NCAT hearing
  

• Step by step guide: Presenting your case at a NCAT hearing