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Appeal against a neighbour dispute claim order made by a registrar
When to appeal
A party who is dissatisfied with an order made by the registrar at a pre-trial or case conference (PTC) may file an appeal within 14 days after the date on which the order was made.
Note
If you missed a court session and an order was made in your absence, you can apply to set aside the order instead of filing an appeal.
Key facts
Refer to the following to find out about filing an appeal against an order made by a registrar.
If you are filing the appeal, you are the appellant.
The other party is the respondent.
| When to file | Within 14 days after the date on which the order was made. |
| When to serve | Within 7 days of the date of filing of the appeal. |
| Filing fee | $100 |
| How to file | Through the Community Justice and Tribunals System (CJTS). |
| When to file and serve | Within 14 days after the date on which the order was made. |
| Filing fee | $100 |
| How to file | Through the Community Justice and Tribunals System (CJTS). |
Tip
All applications must be filed through the Community Justice and Tribunals System (CJTS). If you need access to computers, visit the Business Centre at the State Courts, Level 2 during operating hours.
What you will need
You should prepare the following (where applicable) before you file:
- Your claim number.
- The order number.
- Your grounds of appeal (reasons for appealing).
- A soft copy of supporting documents (if any) in PDF format.
How to file and serve
You will need to follow these steps to file and serve an appeal against an order made by a registrar.
Step | Result |
|---|---|
| 1. File your appeal | Your appeal against an order made by a registrar is filed in CJTS. |
| 2. Serve documents on the respondent | The respondent is notified of your appeal. |
When: within 14 days after the date on which the order was made.
Log in to CJTS. Under the Online Applications tab, select Appeal Against Order of Registrar and follow the instructions to fill in the required information.
For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 3015 KB)
Serve a copy of the following documents on the respondent:
- The Notice of Appeal.
- The Notice of Hearing.
within 7 days of the date of filing the appeal if your matter commenced before 1 April 2022; or
within 14 days after the date on which the order was made if your matter commenced on or after 1 April 2022.
When: within 7 days of the date of filing of the appeal if your matter commenced before 1 April 2022; or
within 14 days after the date on which the order was made if your matter commenced on or after 1 April 2022.
You may serve the documents on the respondent through one of the following ways:
Service method | What it is |
|---|---|
Personal service | Delivering hard copies of the documents personally to the respondent. |
Registered post | Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent. |
CJTS | Submitting soft copies of the documents to the respondent through CJTS. |
Others | Delivering the documents by any means as directed by the CDRT. |
After you file
You and the respondent will have to attend court on the scheduled date and time mentioned in the Notice of Hearing. This is when a tribunal judge will decide whether to allow or dismiss your appeal.
If your appeal is dismissed, the order made by the registrar stands.
Note
You must attend your appeal hearing. If you are absent, the tribunal magistrate may dismiss your application.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Refer to the Guide to Neighbour Dispute Claims (PDF, 366 KB).
Legislation associated with this topic include:
Refer to:
- Paragraph 141 and 141A of the State Courts Practice Directions for community dispute resolution, for matters commenced before 1 April 2022.
- Paragraph 129 of the State Courts Practice Directions 2021 for community dispute resolution, for matters commenced on or after 1 April 2022
Go to Step-by-step guide
Step-by-step guide
2022/04/01
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