How to Enforce an NCAT Money Order in NSW

NCAT can order someone to pay you money, but it cannot make them pay. The tribunal has no sheriffs, no garnishee powers, and no ability to seize property. Enforcement of NCAT money orders happens through the NSW court system, and the process has a specific sequence you need to follow.

The Three-Stage Process

Stage 1: Get the Section 78 Certificate

After the payment deadline in your NCAT order passes without payment, contact the NCAT Registry and request a certificate under s 78 of the Civil and Administrative Tribunal Act 2013. The certificate confirms the parties, the amount ordered, and the balance still unpaid.

There's no fee for the certificate. NCAT typically issues it within 5–10 business days. You can apply in writing, through the NCAT online portal, or in person at any NCAT Registry.

Important: s 78 only applies to monetary orders — orders requiring payment of a specific sum. If NCAT ordered the other side to do something non-monetary (repair work, return goods), you cannot use this path. You'd need to go back to NCAT to apply for the unfulfilled obligation to be converted into a monetary order.

Stage 2: Register in the Local Court

Take the s 78 certificate to any NSW Local Court registry and file it using UCPR Form 45. The registration fee is $121 standard or $242 for a corporation; a corporation with turnover below $200,000 can pay the standard fee by providing evidence satisfactory to the registrar.

This registration converts the NCAT order into a Local Court judgment. The court assigns a civil case number and cross-references your original NCAT matter number.

Which Local Court division you register in depends on the unpaid balance:

• Up to $20,000 → Small Claims Division
• $20,001–$100,000 → General Division

You can also file online through the NSW Online Registry, which is faster than lodging in person.

Stage 3: Enforce the Judgment

Once registered, you choose from the enforcement tools available under the Civil Procedure Act 2005:

If you don't know the debtor's financial position: Start with an Examination Notice (UCPR Form 51 for an individual or Form 52 for a corporation), which requires the debtor to provide a written financial statement. If they don't respond, apply by Notice of Motion (Form 53, $114 standard filing fee); if granted, the court issues an Examination Order (Form 54), compelling them to attend and answer questions under oath.

If you know their employer: Apply for a Garnishee Order by Notice of Motion (UCPR Form 69); if granted, the court issues a wage order (Form 71). The employer deducts from each pay cycle and sends the money to you. Deductions cannot reduce net wages below $626.10 per week (the protected earnings amount).

If you know their bank: Apply by Notice of Motion (UCPR Form 69) for a Garnishee Order for Debts (Form 70). The bank must hand over attachable funds in the account at the time of service, subject to the statutory minimum balance.

If they own valuable personal property: Apply by Notice of Motion (UCPR Form 65; no filing fee) for a Writ for Levy of Property (Form 66). The Sheriff may seize and auction goods. Execution costs $111 per address and attempt, plus 3% of enforcement proceeds, so this option only makes sense when seizable assets clearly exceed the cost.

Time Limits

• Six years to register the s 78 certificate in the Local Court
• Twelve years from registration to enforce the judgment
• Permitted court and Sheriff enforcement costs can be added to the debt; private costs are not automatically recoverable
• Post-judgment interest accrues automatically at 10.35% per annum (UCPR Schedule 5)

When Enforcement Stops

Two events halt enforcement immediately:

1. Instalment order: the debtor applies to pay by instalments under s 107 of the Civil Procedure Act. If granted, active enforcement pauses — you have 14 days to object.
2. Bankruptcy: if the debtor files for bankruptcy or is made bankrupt, s 58 of the Bankruptcy Act 1966 (Cth) imposes an immediate stay. All enforcement ceases and you lodge a Proof of Debt with the trustee.

The NSW NCAT Order Enforcement Guide covers each stage in detail, with form checklists, fee schedules, and a decision flowchart for selecting the right enforcement tool based on what you know about the debtor.

See more New South Wales guides →