You may consider applying for an exclusion order if another party fails to comply with a special direction made against them.
An exclusion order is an order made by the court for a party to be kept out of from their place of residence (the contravening party).
If the party fails to comply with the exclusion order without a reasonable excuse, they will have committed an offence and may be fined or imprisoned upon conviction.
Instead of a fine or imprisonment, the court also has the discretion to make a community order against the party or, alternatively, punish the party for contempt of court.
In deciding whether it is just and equitable for an exclusion order to be made, the Community Disputes Resolution Tribunals (CDRT) must consider the following:
Before you apply, you should consider whether the contravening party has failed to comply with the terms of the special direction made against them.
If you think they failed to comply with the special direction, you will need to prepare evidence to support your case.
After filing an application, both you and the other party will have to attend a pre-trial conference (PTC) (for matters commenced before 1 April 2022) or case conference (for matters commenced on or after 1 April 2022), and hearing (if applicable) where the court will then decide if an exclusion order should be made.
Refer to the following to find out how to apply for an exclusion order.
If you are applying for an exclusion order, you are the applicant.
The other party is the respondent.
When to serve
Within 14 days after the date your application was made.
How to file
Through the Community Justice and Tribunals System (CJTS).
You should prepare the following before you apply:
You will need to follow these steps.
|1. Apply for an exclusion order|
Your application for an exclusion order is filed in CJTS.
|2. Serve documents on the other party|
The respondent is notified of your intention to apply for an exclusion order.
|3. File a declaration of service|
The CDRT receives proof that you have served the application for exclusion order on the respondent.
Choose your preferred PTC (for matters commenced before 1 April 2022) or case conference (for matters commenced on or after 1 April 2022) date and time.
Print a copy of the Application for Exclusion Order and the Notice of Pre-trial or Case Conference. You will have to serve the documents with a copy of all evidence filed in CJTS in support of the application within 14 days after the date the application was filed.
You will have to serve a copy of the following on the respondent:
You can serve the documents through one of the following ways:
What it is
Delivering hard copies of the documents personally to the respondent.
Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent.
Submitting soft copies of the documents to the respondent through CJTS.
Delivering the documents by any means as directed by the CDRT.
You must file a declaration of service (DOS) with proof of service after serving the Application for Exclusion Order on the respondent.
Log in to CJTS. Under the Online Applications tab, select Declaration of Service and follow the instructions.
For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 3015 KB)
If the respondent does not agree to your Application for Exclusion Order, they may file a Reply with supporting evidence in CJTS and serve a copy on you within 14 days after being served with the application.
Both you and the respondent must attend the PTC on the date and time specified in the Notice of Pre-trial or Case Conference. If both parties are unable to settle their dispute at the PTC, the court may schedule a date for a hearing for the case.
The court will decide on whether to make an exclusion order at the hearing. If an exclusion order is made, the court may direct that the applicant serve a copy of the exclusion order on the respondent.
You will need to bring along the following documents for your PTC or case conference or hearing:
If the respondent does not comply with the exclusion order, you may take any of the following actions under the Community Disputes Resolution Act (CDRA):
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 more