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After the decision

This page has information about the steps that you can take after the Local Court or the NSW Civil and Administrative Tribunal (NCAT) makes a decision about your case. 

After the NCAT decision

If you were the person who applied to NCAT and you missed your hearing date, NCAT may have dismissed your application. You may be able to apply to reinstate the proceedings if you have a reasonable excuse. 

You must make this application within seven days from when the matter was dismissed. 

To apply to reinstate the NCAT proceedings, see Step by Step guide - Applying to reinstate NCAT proceedings.

If you missed the hearing and orders were made by NCAT without you being there, you may be able to make an application to set aside the orders. This means that the orders would be deleted and there would be a new hearing. 

You must make this application within seven days from when the orders were made by NCAT. If it is more than seven days from when the orders were made and you want to make an application to set aside a decision you should get legal advice. NCAT is able to extend the time for an application.

For more information, go to the NCAT website. If you want to make an application to set aside, you should get legal advice. 

 

 

 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. ​​

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 $60.00 (as at 1 July 2024).

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.

To apply to renew the NCAT proceedings, see Step by Step guide - Applying to renew NCAT proceedings.

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.

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, in After the Local Court Decision below.

The time limit to register an NCAT order with the Local Court is 6 years from the date of the order. Once the NCAT order is registered, you have 12 years from the date of registration to enforce the judgment debt with the Local Court.

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 Responding to enforcement  in the My Money topic.

To get your Certified NCAT Order and register it with the Local Court, see Step by step guide - Certifying and registering an NCAT order.

If you are unhappy with a decision of NCAT you may be able to appeal to the appeals panel of NCAT. In some cases you will have to seek leave (permission) to appeal.

You must pay a filing fee of $506.00 (as at 1 July 2024). If you can't pay this fee you can ask for the fee to be waived (not charged) or postponed (paid later).

A decision of NCAT can be appealed to the NCAT Appeal Panel. You have 28 days from when you were:

  • notified of the decision of NCAT, or
  • given reasons, either orally or in writing

whichever came later, to file an internal appeal.

If you were not given a written statement of reasons for the decision by NCAT, you can ask for a written statement of reasons within 28 days after you are notified of the NCAT decision. The written statement of reasons should explain NCAT's decisions on the facts, the law and how the tribunal member came to the decision.  

For more information on appealing including fees and the appeal form, go to the NCAT website.  

If you think you want to appeal, you should get legal advice.

If you are unhappy with the decision of the appeals panel you may be able to appeal to the Supreme Court of NSW. You have 28 days to appeal the decision to the Supreme Court. If you want to appeal from a decision of the appeals panel you should get legal advice.

After the Local Court Decision

If orders were made in the Local Court without you being there, you may be able to make an annulment application. This means the orders would be set aside and there would be a new hearing.

An annulment application must be made within two years of the date the orders were made. If you missed the hearing, you should get legal advice straight away.

When the Local court makes a decision about the fencing work that should be done, it may make several types of orders.

If you or your neighbour do not comply with an order of the Local Court to pay a specific amount, (or you have a money order from the NSW Civil and Administrative​ Tribunal (NCAT) that you have registered in the Local Court), it is possible to take enforcement action.

When the Local court makes a decision about the fencing work that should be done, it may make several types of orders.

​ If the Local Court makes an order for you and your neighbour to get quotes for fencing work or carry out fencing work, it will usually adjourn (postpone) the case to give you and your neighbour time to do this. These sorts of orders are often called 'interim orders'. The court will not usually close your case until it has made an order about the specific costs that you and your neighbour have to pay for the fencing work or you and your neighbour have resolved the dispute.

When the court makes interim orders it may also tell you when you and your neighbour should come back to court. If you are not given a date to come back to court, and you have not been able to finalise the fencing work or payment, you can contact the court and ask for your matter to be 're-listed'. When you go back to court the magistrate can make an order about the specific amount that you and your neighbour have to pay and how and when these costs should be paid.

For information about orders to pay a specific amount, see below. 

If you or your neighbour do not comply with an order of the Local Court to pay a specific amount, (or you have a money order from the NSW Civil and Administrative​ Tribunal (NCAT) that you have registered in the Local Court), it is possible to take enforcement action.

When the court makes final orders for you and your neighbour to pay specific amounts this is often called a 'judgment'. The judgment can be enforced through the Local Court.

You have 12 years from the date of the judgment to enforce it.

Enforcement action may include:

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

There are fees for taking some of these steps.

For more information on how you can enforce an order, see Enforcement in My Money topic.

To find out what you can do if your neighbour takes enforcement action against you, see Responding to enforcement in My Money topic.

You may be able to appeal a decision of the Local Court. Any appeal must be filed within 28 days of the decision.

If you want to appeal a decision of the Local Court, you should get legal advice.

After Fencing Orders are made, both neighbours should follow the orders. If either neighbour does not follow the orders, there are things that can be done to enforce the decision.   

For more information, see After court in My Money topic.