Enforcing CTTT orders
Orders made by the CTTT are binding and legally enforceable. If the CTTT made orders in your favour and the other party is not complying with those orders, there are enforcement options available to you.
Enforcing an order to pay money
To enforce a money order, contact the CTTT and ask for a certified copy of the order. The certified copy is then taken by you to a Local Court (or District Court for amounts over $60,000) for enforcement action.
The CTTT's certified copy of the order is then registered as a judgment for a debt in the court. Fees are also payable for the enforcement action. If the order is successfully enforced, these fees are also recovered as part of the debt.
You will need to supply the Local Court or District Court with any necessary information relating to the person who owes you money, for example an address where the person can be found.
If it is a company or a business who owes you money, it is essential you obtain the full registered name of the entity.
Search on the ASIC National Names Index website www.asic.gov.au or contact ASIC on 1300 300 630 for the correct company name. Contact NSW Fair Trading on 133 220 for the correct business name. A fee may be payable for these searches.
Top of pageEnforcing an order for possession
To enforce an order for possession, write to the CTTT after the date possession was to be given and request a warrant for possession. The warrant is then taken by you to a Sheriff's Office for enforcement action. The Sheriff's Office will require a fee to be paid and they will enforce the order.
A warrant for possession will allow a Sheriff’s Officer to gain possession of the premises to ensure the tenant departs and removes their goods.
The Sheriff’s Office will advise you of the costs involved and you will be able to make arrangements to execute the warrant.
You should lodge your request for a warrant within 28 days from the date of possession.
Enforcing an order to do work
If an order to do work has not been complied with by the date specified by the CTTT, you can apply to the CTTT to renew proceedings. This means that the ‘order to do work’ may be changed into an ‘order to pay money’.
More information on renewing proceedings is available on the Notice to Renew Proceedings form (PDF size: 125kb).
Notations
Notations made by the CTTT are not enforceable and merely represent issues raised by the parties at the hearing.
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