Reading time: 3 minutes

When NCAT (New South Wales Civil and Administrative Tribunal) proceedings have been finalised, the Tribunal will make final orders on the parties. These orders are binding and legally enforceable, so if they are not being complied with within the time frame specified, there are a number of enforcement options which are available to you. This article will explore these options in more detail in how to enforce an NCAT Order.

Enforce a Money Order

The New South Wales Civil and Administrative Tribunal has the power to hear a variety of disputes, ranging from tenancy disputes to retail lease disputes. At the end of the disputes process, NCAT can enforce an NCAT Order. There are three steps to enforcing an NCAT order which include:

  • Requesting a certified money order;
  • Registering the money order as a judgment with the Local Court; and
  • Enforcing the judgment through the Local Court.

The enforcement action may include:

  1. Seizing or selling the other party’s property which is called a writ for the levy of property;
  2. Taking money from the other party’s bank account or wages which is called a garnishee order; or
  3. Getting an order which requires the other party to answer questions about their finances which is called an examination.

Renew the Proceedings

You may be able to apply to renew the NCAT proceedings if a work order to provide goods or services has not been complied with within the time period set by the Tribunal.
This can be done by lodging an application form within the same period that was set out in the NCAT order. If no period has been specified, the renewal application must be lodged within 12 months after the work was meant to be completed.

Request a Warrant for Possession

You may be able to request a warrant for possession if NCAT made orders for termination of a lease and possession of the premises and the tenant or resident has not left.
This warrant authorises the sheriff to enter the premises and take all necessary steps to remove them from the premises. The request can only be made after but no longer than 30 days after the date of possession has passed.

***

If you have received an NCAT order, it is important you action it as soon as possible. Whether it is a home building dispute or issue with the supply of goods or services, failure to respond can result in further legal consequences.

Do you need assistance enforcing a NCAT order that has not been complied with? Get in touch with our Disputes Lawyers by sending us a message or calling 1300 544 755.

Webinars

Raising Capital: Getting Investment Ready

Tuesday 6 April | 12:00 - 12:45pm

Online
Are you a founder or business owner looking to raise capital? Attend this webinar to learn the strategies to prepare your business for investment.
Register Now

The COVID-19 Vaccine Rollout: Considerations for Employers

Thursday 22 April | 11:00 - 11:45am

Online
Are you a business owner or employer? Attend this webinar to learn about what you need to know about the COVID-19 vaccine rollout.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer