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Enforcing interstate judgments

Step by step guide

If you have judgment for payment of money from another state or territory, and the other party doesn’t pay and has assets (property or money) in New South Wales, it is possible to enforce this decision in NSW. 

You will need to register the judgment in an equivalent NSW court. Generally an equivalent court is determined by the amount of money owed in the judgment. For example, if the judgment is less than $100,000, you can register the judgment in a NSW Local Court.

Before taking steps to enforce a judgment in NSW, it is a good idea to get legal advice.

If you have an interstate tribunal order that you want to enforce, you may have to register the order in a court of your state or territory first.  

You need to get a copy of the judgment has the official seal of the court. This is called a 'sealed copy of the judgment'.

You can request a sealed copy of the judgment at the court where the original judgment was made. You can contact the court by telephone or in writing. There may be a fee involved depending on the state or territory where you got the judgment.

Once you have a sealed copy of the judgment you need to register it as a judgment of the NSW Local Court.

You will need to complete one form:

  • Form 45 - Registration or filing of (certificate of) judgment/order.

You can get copies of the form from:

You can also file a copy of the form online using the NSW Online Registry website.

After you complete the form, you will need to attach the sealed copy of the judgment. 

You can file the form at any Local Court. The filing fee is $101.00 for an individual and $202.00 for a corporation (as at 1 July 2022).  For a list of the current fees see Fees on the NSW Local Court website.

Once the order is registered, it will have the same effect as a judgment of the Local Court.

Once you have a registered judgment, you can start enforcement action to try to get money you are owed.

You will be called the 'judgment creditor'. The respondent will be called the 'judgment debtor'.

Enforcement action may include:

  • asking the sheriff to seize and sell the judgment debtor's property (called a 'writ for the levy of property')
  • taking money from the judgment debtor's bank account or wages (called a 'garnishee order')
  • getting an order requiring the judgment debtor to answer questions about their finances (called an 'examination').

There are fees for taking some of these steps.

For more information about enforcement action, see Enforcement.

Documents

Instructions Registration of judgment or order

Instructions Registration of judgment or order PDF | English | May 2023 | 145 kb