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What if the other party still ignores the orders of the Tribunal?

Posted 20 May 2024

Category: NCAT and Court Proceedings, eBooks

If a party ignores or fails to comply with a decision or order made by the Tribunal, there can be serious implications:

  • Enforcement through Local Court: Tribunal decisions can be enforced through the Local Court. This means that if someone fails to comply with a decision of the Tribunal, the other party can apply to the Local Court for an order to enforce the decision. Once the order is registered in the Local Court, it has the same effect as a judgment of the court.
  • Penalties: For certain types of orders, failing to comply can result in penalties, including fines.
  • Cost Orders: A party that fails to comply may be ordered to pay costs associated with the enforcement of the order.
  • Contempt of Tribunal: In some situations, failing to comply with an order of the Tribunal may be considered contempt of the Tribunal, which might result in further legal consequences.
  • Further Legal Action: The aggrieved party might also take additional legal action against the non- compliant party based on their failure to adhere to the decision of the Tribunal.

If you or someone you know is affected by a decision of the Tribunal, it is very important to take it seriously and take steps to ensure compliance.

If there is a legitimate reason why the decision cannot be complied with or if there are concerns about the decision’s validity, it is advisable to seek legal advice on the best way forward. Bannermans Lawyers can assist further with the provision of this advice.

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This is an extract from our Bannermans NCAT Strata Disputes ebook.

To access more FAQ'S on NCAT Strata Disputes fill in the below form to download our Bannermans NCAT Strata Disputes ebook for free.

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Bannermans Lawyers

Published 20 May 2024