New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 13

13 Jurisdiction of Local Court or local land board

(1) The Local Court or a local land board has jurisdiction to hear and determine any matter arising under this Act.

(1A) Despite subsection (1), only a local land board has jurisdiction to hear and determine matters affecting land the subject of a lease under the Western Lands Act 1901 .

(2) An application under this Act that is pending in the Local Court or in a local land board may be transferred from the Court to a board, or from the board 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.

(3) The Local Court or a local land board which has an application transferred to it under subsection (2) is to determine the application.

(4) A decision of the Local Court or a local land board under subsection (2) is final and no proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, are to lie in respect of the decision.

(5) 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.