If a party fails to comply with a Community Disputes Resolution Tribunals (CDRT) order made against them (the contravening party), you may consider applying for a special direction.
You may also apply for a third party to enter into a compliance bond to ensure that the contravening party complies with the special direction.
The court may decide on any of the following during the hearing of a party's application for a special direction and for a third party to enter into a compliance bond:
If the third party does not comply with a court order to enter into a bond, they will be committing an offence and may be liable on conviction to a fine of up to $2,000.
If the contravening party fails to comply with the special direction, the CDRT will arrange for the third party to show cause (provide sufficient explanation) why their bond should not be forfeited.
If cause is shown (for example, if the third party can provide sufficient reasons), the bond may not be forfeited in full.
If cause is not shown, the bond will be forfeited in full.
Refer to the following to find out how to apply for a person to enter into a compliance bond.
If you are making the application, you are the applicant.
The third party you wish to enter into the compliance bond is the respondent.
When to file
At the same time or after the application for a special direction.
When to serve
Within 14 days after the date your application was made.
How to file
Through the Community Justice and Tribunals System (CJTS).
Before you apply, you should consider:
After filing an application, both you and the third party will have to attend a pre-trial conference (PTC) (for matters commenced before 1 April 2022), case conference (for matters commenced on or after 1 April 2022), and hearing (if applicable) where the court will then decide if the order should be made.
You should prepare the following before you apply:
You will need to follow these steps to apply for a third party to enter into a compliance bond.
|1. Apply for compliance bond|
Your application for compliance bond is filed in CJTS.
|2. Serve documents on the other party|
The respondent is notified of your intention to apply for a compliance bond.
|3. File a declaration of service|
The CDRT receives proof that you have served the application for compliance on the respondent.
Log in to CJTS. Under the Online Applications tab, select Application for Compliance Bond and follow the instructions to fill in the required information.
Choose your preferred PTC or case conference date and time. A Notice of Pre-trial or Case Conference stating the date and time to attend the PTC or case conference at the CDRT will be issued via CJTS.
Print a copy of the Application for Compliance Bond 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 on the respondent 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 with proof of service after serving the application on the respondent.
Log in 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, the respondent 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 or case conference 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 or case conference, the court may schedule a date for a hearing for the case.
The court will decide on whether to make a bond order at the hearing. If a bond order is made, the CDRT will prepare the bond immediately after the hearing. The respondent will then sign the bond.
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