Executing warrants

The NSW Sheriff's Office plays a vital role in upholding the decisions of courts and tribunals by executing a range of warrants. These warrants empower Sheriff's Officers to take specific actions under the law, ensuring compliance and supporting the justice system.

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1. Arrest Warrants (NSW Courts)

What is it?

An arrest warrant is a court order directing that a person be taken into custody by the NSW Sheriff’s Office, because they did not follow a court order, such as failing to attend court.

Who applies?

A Judgment Creditor (the person who wins the case) may apply for an arrest warrant when a Judgment Debtor (the other party in the case) fails to attend a court ordered examination.

How to apply

Important for Judgment Debtors

If you have missed a court date, it is a good idea to speak with a legal professional. They can explain your options and guide you through the next steps.

Legal support

If you are considering applying for, or responding to an arrest warrant, you may find it helpful to speak with a legal professional.

Legal Aid NSW offers free legal advice and resources for:

2. NCAT Warrants (Warrants for Possession)

What is it?

An NCAT Warrant for Possession is an order to evict a party from premises, usually after a tenancy agreement has ended.

Who applies?
A landlord, property owner or their agent may apply for an warrant after receiving an order from NCAT.

How to apply

Complete the ‘Request to Issue Warrant for Possession’ form available on the NCAT Consumer and Commercial Division forms webpage.

Important for tenants

If you are facing eviction, it is important to know that support is available. You can visit the NCAT website for guidance on what to expect and what steps you can take.

If you are at risk of homelessness, please contact Link2home for emergency housing support at 1800 152 152 (available 24/7).

Uncollected goods

These are items that are left behind after a tenancy ends, such as furniture or personal belongings. Tenants have a legal timeframe in which to reclaim their belongings. If items are disposed of before this timeframe ends, tenants can apply to NCAT for compensation.

For more information on uncollected goods, see NSW Government Uncollected Goods.

3. Warrant of Possession (Federal Circuit and Family Court of Australia)

What is it?

A Warrant of Possession is an eviction order issued in family law matters, usually involving disputes about property occupancy.

Who applies?

A party to family law proceedings may apply for a Warrant of Possession after receiving a court order.

How to apply

Applications are made through the Federal Circuit and Family Court of Australia website.

Important for Respondents

If you are facing eviction, support is available. Legal Aid NSW provides free advice and can guide you through the process. Contact Legal Aid NSW by phone on 1300 888 529 (Monday to Friday, 9.00am–5.00pm (excluding public holidays) or visit the Legal Aid NSW website.

If you are at risk of homelessness, please contact contact Link2home for emergency housing support at 1800 152 152 (available 24/7).

4. Enforcement Warrant to seize and sell property

What is it?

An Enforcement Warrant is a court order that allows the enforcement of a judgment debt. Enforcement Warrants can be similar to Writs for Levy of Property or Delivery. It may involve:

  • seizing and selling property.
  • transferring ownership of specific items.

Who applies?

A party to proceedings in the Federal Circuit and Family Court may apply for an Enforcement Warrant.

How to apply

Application details are available on the Federal Circuit and Family Court of Australia website.

Important for Respondents

Enforcement Warrants can result in the loss of property. It is important to know that support is available. Legal Aid NSW can provide free advice to help you understand your rights and options. Contact them on 1300 888 529 (Monday to Friday, 9.00am–5.00pm, excluding public holidays).

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