Someone Not Complying with an NCAT Order?

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.

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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.