NCAT Order Not Paid: What to Do When the Debtor Won't Pay

You won your NCAT case, the tribunal ordered the other side to pay, and they haven't. Weeks have passed. Nothing has arrived. The frustrating truth is that NCAT itself has no power to make them pay — the tribunal can determine disputes and make orders, but it cannot seize assets, garnish wages, or send a sheriff.

That enforcement power belongs to the NSW courts. Getting access to it requires a specific sequence of steps.

Why NCAT Can't Enforce Its Own Orders

NCAT is an administrative tribunal established under the Civil and Administrative Tribunal Act 2013, not a court with inherent execution powers. It can decide who owes what, but it cannot directly issue warrants, freeze bank accounts, or attach wages.

This catches most people off guard. The assumption is that winning at the tribunal means the money follows automatically. It doesn't.

The Path From Unpaid Order to Enforcement

Step 1: Wait for the Payment Deadline to Pass

NCAT orders typically specify a payment window — usually 14 or 28 days. You cannot start enforcement until that deadline has passed without full payment.

Step 2: Request a Section 78 Certificate

Contact the NCAT Registry and request a certificate under s 78 of the Civil and Administrative Tribunal Act 2013. This certified document confirms the order, the parties, and the unpaid amount. NCAT issues it at no charge, and it typically takes 5–10 business days.

Step 3: Register in the Local Court

Lodge the s 78 certificate at any NSW Local Court registry using UCPR Form 45. The registration fee is $121 (standard) or $242 (corporation); a corporation with turnover below $200,000 may pay the standard fee by giving the registrar satisfactory evidence. You can file online through the NSW Online Registry.

Once registered, the tribunal order operates as a Local Court judgment — and the full range of enforcement tools becomes available.

Step 4: Choose Your Enforcement Tool

With a registered judgment, you can pursue:

• Examination Notice/Order (Forms 51/52 and 53/54) — obtain written financial disclosure and, if needed, examine the debtor under oath
• Wage Garnishee (apply by Form 69; order Form 71) — if you know their employer, redirect a portion of each pay packet to you
• Bank Garnishee (apply by Form 69; order Form 70) — if you know their bank, freeze and redirect funds sitting in their account
• Writ for Levy of Property (apply by Form 65; writ Form 66) — ask the Sheriff to seize and auction the debtor's goods

Some tools have filing fees, while garnishee and writ-of-execution applications do not. Permitted court and Sheriff enforcement costs can be added to the debt.

What About Contacting the Debtor Directly?

You can contact the debtor to request payment. The ACCC/ASIC Debt Collection Guideline recommends reasonable contact hours and frequency; it is guidance, while the Australian Consumer Law prohibits harassment, coercion, and misleading or deceptive conduct:

• Recommended contact hours are 7:30 am to 9:00 pm weekdays and 9:00 am to 9:00 pm weekends; avoid contact on public holidays
• The guideline recommends no more than 3 contacts per week or 10 per month when contact is actually made
• Do not make threats or misleading statements or disclose the debt to third parties

A single, clear written demand before starting formal enforcement is standard practice. Keep it factual: state the order amount, the date payment was due, and that you intend to register the order for enforcement if payment isn't received by a specific date.

Don't Wait Too Long

You have six years from the date of the NCAT order to register it in the Local Court. After that, registration is no longer available and the order becomes practically unenforceable.

The earlier you start, the better your chances. Debtors who are paying rent and earning wages today may not be in that position in two or three years.

For the complete step-by-step enforcement process — every form, fee, deadline, and exemption — the NSW NCAT Order Enforcement Guide walks you through the entire sequence from certification to case closure.

See more New South Wales guides →