Fences Act 1968

The Magistrates' Court may make an order in relation to any one or more of the following matters in respect of a complaint filed under this Act, if the case so requires—

the line on which the fencing works and any subsidiary works are to be carried out, whether or not that line is on the common boundary of the adjoining lands;

the line that is the common boundary of the adjoining lands;

whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out, and if any works should be carried out, the nature of the works to be carried out;

the nature of the fence that constitutes a sufficient dividing fence for the adjoining lands;

the person by whom fencing works and any subsidiary works should be carried out and, if the works are to be performed by different persons, the work to be performed by each person;

whether a person is liable under this Act to contribute to fencing works and any subsidiary works;

the way in which contributions for the fencing works and any subsidiary works are to be apportioned or reapportioned or the amount that each owner or long-term tenant is liable to pay for the works;

any other work to be carried out (including work for a retaining wall) that is necessary so that the fencing works and any subsidiary works agreed on by the parties or specified in the order can be carried out;

the time within which the fencing works and any subsidiary works are to be carried out (including any specific dates and times at which a person who carries out the works may enter land for the purpose of carrying out the works) and the manner in which those works are to be performed;

whether an owner is to pay compensation to the owner of the adjoining land for loss of occupation of land arising from the placement of a dividing fence (including because of loss of an unrealised possessory right) and, if so, the amount of any compensation to be paid;

that a party to the proceeding cease an activity or discontinue conduct that, in the opinion of the Court, is unreasonably damaging or may unreasonably damage a dividing fence;

that an owner is authorised to carry out fencing works and any subsidiary works without the agreement or knowledge of an owner of adjoining land or a long-term tenant;

any other matter, or any direction or relief that the Court considers appropriate.

In making an order under subsection (1) about the line on which the fencing works and any subsidiary works are to be carried out or the line that is the common boundary of adjoining lands, the Court may require that the common boundary be defined by a licensed surveyor.

In making an order under subsection (1) about contributions, the Court may have regard to any negligent or deliberate acts that have shortened the life of a dividing fence.

For the purpose of an order under subsection (1), if there is more than one owner of an area of land, the owners are jointly and severally liable to contribute to fencing works and any subsidiary works for that area of land unless the Court determines otherwise.

The Magistrates' Court may make an order under subsection (1) in the absence of an owner of the adjoining land if that owner has not been served with the complaint and cannot be located after reasonable inquiries have been made.