NSW UCPR [Form 45] Registration or Filing ➲ Certificate of Costs Assessor / Judgment / Order incl. NCAT Monetary Orders

When is a NSW UCPR [Form 45] Registration or Filing ➲ Certificate of Costs Assessor / Judgment / Order used?

See s 133 (2) of the Civil Procedure Act 2005 (NSW) and UCPR 36.11 or 36.10 for more information.

You MUST use this [Form 45] to register or file a Costs Assessor's Certificate or a Judgment or Order from another Court or Tribunal (such as NCAT Monetary Orders).

Registration of NCAT Orders for the Payment of Money

If you have an order for the payment of money from the NSW Civil and Administrative Tribunal (NCAT) and the other party does not pay, it is possible to enforce this decision through the Local Court.

Before you can enforce the NCAT decision, you need to register it as a decision of the Local Court. 

If you have a ‘warrant  for possession’ or an order to do work or take action see Enforcing orders on the NCAT website.

You have 6 years to register an NCAT order with the Local Court.

Once the NCAT order is registered, you have 12 years from the date of registration to enforce the judgment debt.

Special Note for Registering NCAT Monetary Orders

Step 1: Get the NCAT Order Certified

You need to get a document that confirms the order that has been made by NCAT.

This is called a 'certified copy of the order'. 

You can contact NCAT to request a certified copy by telephone or in writing.

For NCAT contact details, see Contact NCAT on the NCAT website. 

There is no fee for this service.

NCAT will send a certified copy of the order to you.

Source: Legal Aid (NSW) Step by step guide ➲ Enforcing NCAT orders

A downloadable instruction sheet is provided by Legal Aid (NSW) for assistance with the registration of NCAT Orders.

Enforcement Steps

Once you have registered a Costs Assessor's Certificate, or a Judgment or Order, you can enforce that Certificate, Judgment, or Order as a Judgment of the Court in which it is registered.

For example: You would be able to apply for a Writ of the Levy of Property via the relevant [Form 65] Notice of Motion ➲ Writ of the Levy of Property.

Except where a Costs Assessor's Certificate is filed in the proceedings to which it relates under UCPR 36.10(1)(a):

⚖️ When a Judgment or Order is registered, new proceedings are created in the court.

In the new proceedings, regardless of the party’s title in the original proceedings:

⚖️ The plaintiff in the new proceedings will be the party seeking to enforce the judgment (generally the party in whose favour the judgment was given or the order was made); and

⚖️ The defendant in the new proceedings will be the party against whom the judgment was given or against whom the order was made.

Local Court ➲ Filing Fee

So long as the judgment amount is within the NSW Local Court Monetary Limit of $100k or the Small Claims Division limit of $20k, you can proceed to file this [Form 45] at any Local Court.

The filing fee is $109.00 for an individual and $218.00 for a corporation (as of 1 July 2023). 

For a list of the current fees see Fees on the NSW Local Court website.

For a video guide on registering the judgment using the NSW Online Registry:

See How to register a Certificate of Judgment or Order in the NSW Courts on the NSW Online Registry, on the Youtube website.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) including the NSW Court of Appeal.

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