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Check if you can file

Refer to the following to find out the conditions for filing your neighbour dispute claim at the Community Disputes Resolution Tribunals (CDRT).

You can file if...

You cannot file if...

Take a pre-filing assessment

You can take a pre-filing assessment on the Community Justice and Tribunals System (CJTS) to check whether your claim can be heard by the CDRT.

You will receive a pre-filing assessment ID after completing the pre-filing assessment. Take note of this ID as you will need to provide it when filing your neighbour dispute claim.

The online pre-filing assessment is not conclusive and is not legal advice. Please seek legal advice if you are uncertain if your claim can be heard by the CDRT.

Examples of interference

You may file a neighbour dispute claim at the CDRT if your neighbour causes any of the following examples of interference:

  • Creates excessive noise, smell, smoke, light or vibration.
  • Litters at or in the vicinity of your place of residence.
  • Obstructs your place of residence.
  • Interferes with your movable property.
  • Conducts surveillance on you or your place of residence, where the surveillance is done at or in the vicinity of your place of residence.
  • Trespasses on your place of residence.
  • Allows an animal owned or under their care or control to trespass on your place of residence, to cause excessive noise or smell, or to defecate or urinate at or in the vicinity of your place of residence.

Refer to Example cases of neighbour disputes to read about past cases heard by the CDRT and their outcomes.

Claim limits

The maximum monetary claim that can be brought in the CDRT is $20,000.

You may start a civil claim if you are claiming more than $20,000 from your neighbour.

Time limits

All CDRT claims must be filed within 2 years of the event which creates your cause of action. A cause of action is the fact or facts which entitles you, in law, to start a court action against the neighbour respondent.

You may start a civil claim if the event which creates your cause of action occurred more than 2 years ago.

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 more

Resources

Refer to the Guide to Neighbour Dispute Claims (PDF, 4099 KB).
Refer to Paragraph 141 and 141A of the State Courts Practice Directions for community dispute resolution.

Related questions

You can file a claim provided you have obtained the previous sanction of the Official Assignee. The sanction has to be uploaded under Other Supporting Documents of the claim in CJTS.
2021/07/23

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