#41591
Sir Humphrey
Flatchatter

    In the ACT, possibly similar in NSW, the next step would not be to go back to the Tribunal. Instead, you go to the Magistrates Court and apply for an Enforcement Order of the Tribunal’s order. The court is not interested to reexamine the facts of the matter; they have already been determined by the Tribunal. The magistrates court is only interested in asking a party if they have any excuse for failing to comply with the Tribunal’s order. In the absence of an excellent excuse, the Court will order the OC to comply with the Tribunal order. You, as the applicant, can ask the magistrate what the consequences would be if you get the enforcement order you are seeking and the OC again fails to comply with the orders. The magistrate will then very sternly explain to the OC’s representative(s) that failing to comply with a court order has more serious penalties than failing to comply with Tribunal orders and that they really do not want to have that sort of escalation.