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File a neighbour dispute claim
About the Community Disputes Resolution Tribunals
The Community Disputes Resolution Tribunals (CDRT) hear disputes under the Community Disputes Resolution Act (CDRA) between neighbours involving acts of unreasonable interference with the enjoyment or use of places of residence.
File a neighbour dispute claim step-by-step
This is the process of filing a neighbour dispute claim.
If you are filing the claim, you are the plaintiff (for matters commenced before 1 April 2022) or claimant (for matters commenced on or after 1 April 2022).
The other party is the respondent. Refer to Respond to a neighbour dispute claim instead if you have a claim made against you.
Note
Lawyers are not allowed to represent parties in court for CDRT matters unless all parties to the proceedings agree, subject to the court's approval.
Before filing
Understand neighbour dispute claims
Find out if your neighbour dispute claim can be heard at the CDRT.
When filing a claim
File and serve a neighbour dispute claim
You need to prepare evidence before you file your neighbour dispute claim in the Community Justice and Tribunals System (CJTS) and serve it on the respondent.
Resolving the dispute
Resolve the dispute online
The respondent may choose to settle the dispute without coming to court by online negotiation (eNegotiation) on CJTS.
Attend court
If the dispute is not resolved, both you and the respondent 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, 367 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.
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