You can lodge an Originating Application – Fences Act when you have a fencing dispute.
Being involved in a matter can be a complex and costly process. You should seek legal advice before lodging an originating application – Fences Act. You can also speak to the other party to try and resolve the issue.
The steps below provide general information and do not cover all scenarios nor constitute legal advice.
You can lodge a fencing dispute when you:
- Are having a dispute with the owner of the adjoining land about a fence dividing your properties
- Want to perform fencing work but cannot identify or find the owner of the adjoining land
- You have erected a fence to divide your land from a public road which the owner of the land abutting the road benefits from and you want them to contribute to its cost or other fencing work
Because this application is a minor statutory proceeding, generally the minor civil rules and costs scale will apply and a lawyer will not be able to represent you at the trial (subject to some exceptions).
If you claim more than $12,000 or an order for work of more than $12,000, you or the respondent may choose at the first directions hearing to not have the minor civil rules apply. If an election is made for the minor civil rules to not apply, you and the respondent will be able to be represented by a lawyer at the trial and generally a higher costs scale will apply.