Dividing Fences Act 1991

The Local Court or the Civil and Administrative Tribunal has jurisdiction to hear and determine any matter arising under this Act.

Despite subsection (1), only the Civil and Administrative Tribunal has jurisdiction to hear and determine matters affecting land the subject of a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016.

An application under this Act that is pending in the Local Court or in the Civil and Administrative Tribunal may be transferred from the Court to the Tribunal, or from the Tribunal to a Court, if it appears to the tribunal to which the application was made that, having regard to the subject-matter of the application and the composition and nature of the other tribunal, it is more appropriate for the application to be determined by that other tribunal.

The Local Court or the Civil and Administrative Tribunal which has an application transferred to it under subsection (2) is to determine the application.

(Repealed)

The Local Court may refer the parties to proceedings under this Act to an arbitrator within the meaning of Part 5 of the Civil Procedure Act 2005, but only to the extent to which that Act provides for such proceedings to be so referred.