Won Your NCAT Case — Now What? Next Steps After an NCAT Money Order

The Order Does Not Mean You Get Paid Automatically

Winning at NCAT feels like the hard part is over. You attended the hearing, presented your evidence, and the Tribunal made a money order in your favour. But an NCAT money order is a direction to pay — it is not a payment. NCAT has no power to seize the debtor's bank account, garnish their wages, or send anyone to collect. If the debtor does not pay voluntarily, the order is just a piece of paper until you take it to the Local Court.

This catches most people off guard. The gap between winning a Tribunal order and actually receiving the money is where most creditors need the most help.

Step 1: Wait for the Payment Deadline

Your NCAT order will specify a payment deadline — typically 14 or 28 days from the date the order is made. Do not take any enforcement action until this deadline passes. The debtor has the right to pay within the specified period, and starting enforcement prematurely wastes your time and money.

Use this waiting period productively:

• Record the details: Note the exact order date, amount awarded, payment deadline, the debtor's full legal name, and their address as stated in the proceedings.
• Send a brief written demand: A short letter or email confirming the order amount, the payment deadline, and your bank details for payment. This is not required, but it removes any excuse about not knowing where to send the money.
• Start thinking about assets: Consider what you already know about the debtor's financial position — where they work, whether they own property, whether they are a company or an individual.

Step 2: If the Debtor Pays

If the debtor pays the full amount by the deadline, the matter is resolved. Keep records of the payment (bank statement, receipt) in case any dispute arises later. No further action is needed.

If the debtor pays part of the amount, acknowledge the partial payment and note that the remainder is still owed. Partial payment does not restart the clock or change your enforcement rights — it simply reduces the outstanding balance.

Step 3: If the Debtor Does Not Pay

Once the payment deadline passes without full payment, you have two actions to take:

Request a Section 78 certificate from NCAT. Contact the NCAT Registry — by letter, online, or in person — and request a certified copy of your money order under Section 78 of the Civil and Administrative Tribunal Act 2013. This certificate confirms the order and the unpaid amount. NCAT issues it at no charge, usually within 5–10 business days.

Register the certificate in the Local Court. Take the certificate to any NSW Local Court registry and file it using UCPR Form 45, together with the $121 registration fee (standard individual rate). This converts the NCAT order into an enforceable Local Court judgment. Once registered, you have access to the full range of Local Court enforcement tools.

Step 4: Choose Your Enforcement Path

After registration, you decide which enforcement tool to use based on what you know about the debtor:

• You know where they bank or work: Apply by Notice of Motion for a garnishee order (Form 69); the order for debts is Form 70 and the order for wages is Form 71.
• You do not know their financial position: Serve an examination notice (Form 51 for an individual or Form 52 for a corporation) requiring them to disclose their assets, income, and bank details. If they ignore it, apply by Notice of Motion (Form 53) for an examination order (Form 54) compelling them to attend court under oath.
• They own physical property: Apply by Notice of Motion (Form 65) for a writ for levy of property (Form 66), which directs the Sheriff to seize and sell goods to satisfy the debt.

Each tool has its own form, fee, and procedure. The right choice depends on the debtor's specific situation — a garnishee order against a debtor with steady employment is more reliable than a writ for levy against a debtor with only exempt personal property.

Important Deadlines

Two time limits govern the process:

• Six years from the NCAT order date to register the certificate in the Local Court
• Twelve years from registration to complete enforcement

Register early — even if you are not ready to enforce immediately. Registration preserves your full twelve-year enforcement window. The filing fee is set by the current Local Court fee schedule.

Getting the Full Process in One Place

Our step-by-step NCAT enforcement guide covers every stage from the payment deadline through certificate registration, asset discovery, each enforcement tool, and final satisfaction — with form checklists, fee schedules, and a judgment debt ledger to track the running balance.

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