Receiving a claim and Notice of Pre-trial or Case Conference

If you have received a neighbour dispute claim and Notice of Pre-trial or Case Conference, it means that someone (the plaintiff - for matters commenced before 1 April 2022, or claimant - for matters commenced on or after 1 April 2022) has filed a neighbour dispute claim against you.

You are the respondent.

Respond to a neighbour dispute claim step-by-step

This is the process of responding to a neighbour dispute claim.

Note
Lawyers are not allowed to represent parties in court for Community Disputes Resolution Tribunals (CDRT) matters unless all parties to the proceedings agree, subject to the court's approval.
When receiving a claim

Understand neighbour dispute claims and respond

Find out what orders the court can make against you and the possible ways you can respond to the claim.

Resolving the dispute

Resolve the dispute online

You may choose to resolve the dispute with the claimant by online negotiation (eNegotiation) on CJTS. If both parties manage to reach an agreement, you do not need to attend court.

Attend court

If the dispute is not resolved, both you and the plaintiff must attend a pre-trial conference (PTC) or case conference. At the PTC or case conference, the court will manage the case and give the parties an opportunity to resolve the dispute.

If the matter cannot be settled at the PTC or case conference, a date for a hearing before a tribunal judge may be scheduled for the case.

After a CDRT order is made

File an application, if needed

You may file an appeal against a neighbour dispute claim order in some cases, or set aside an order made in your absence if you missed a court session. If the CDRT makes an order in your favour but the other party does not comply, you may apply to enforce it.

2022/04/01

Resources

Refer to the Guide to Neighbour Dispute Claims (PDF, 366 KB).
Legislation associated with this topic include:

Refer to

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