NCAT Section 78 Certificate: How to Get a Certified Copy of Your Order

Before you can enforce an unpaid NCAT order through the courts, you need a specific document from the tribunal: a certificate under Section 78 of the Civil and Administrative Tribunal Act 2013. This isn't just a photocopy of the order — it's a sealed certificate that confirms the amount unpaid and enables registration as a court judgment.

What Section 78 Says

Section 78(1) allows the Registrar of NCAT to issue a certificate confirming that the tribunal made an order requiring a person to pay a specified sum, and stating the amount that remains unpaid.

Under s 78(3), once you file this certificate in a court that has jurisdiction over debts of that size, it operates as a judgment of that court. The tribunal order effectively becomes a court judgment — and court enforcement tools become available.

How to Request the Certificate

You can apply to the NCAT Registry:

• In writing — a letter or form to the NCAT Registry
• Through the NCAT online services portal
• In person at any NCAT Registry location

There is no fee for a Section 78 certificate. Processing typically takes 5–10 business days.

What the Certificate Contains

The s 78 certificate records:

• The names of the parties (applicant and respondent)
• The date the NCAT order was made
• The monetary sum awarded
• The amount remaining unpaid at the date of certification

The certificate does not interpret the order or add anything to it. If the debtor has made partial payments between the order date and your certificate request, inform the Registry so the unpaid balance is calculated correctly.

Important Limitations

Monetary orders only. Section 78 applies exclusively to orders requiring payment of a specific sum of money. If NCAT ordered the other party to perform work, return goods, or vacate premises, you cannot get an s 78 certificate for that. You'd need to return to NCAT and apply for a consequential order converting the unfulfilled obligation into a monetary amount under s 43 or s 60 of the Act.

Name accuracy matters. The certificate must match the exact legal entity named in the original NCAT order. If there's a typographical error in the respondent's name, or if the order named an individual when it should have named their company (or vice versa), don't lodge the certificate as-is. Apply to NCAT under s 63 (the "slip rule") for a corrected order and then request a new certificate.

The six-year window. You must register the certificate in the Local Court within six years of the date the NCAT order was made. After six years, registration is no longer available and the order becomes practically unenforceable.

After You Have the Certificate

Take the s 78 certificate to any NSW Local Court registry and file it with UCPR Form 45 (Registration or Filing of Certificate of Judgment/Order). The registration fee is $121 at the standard rate or $242 for corporations; a corporation with turnover below $200,000 can pay the standard fee by providing evidence satisfactory to the registrar. You can file online, in person, or by post.

Once registered, the Local Court assigns a civil case number. The tribunal order now operates as a court judgment, and you can apply for examination orders, garnishee orders, and writs of execution.

The NSW NCAT Order Enforcement Guide covers the entire process from obtaining the certificate through to closing the case — including which enforcement tool to use based on what you know about the debtor's assets.

See more New South Wales guides →