DIVIDING FENCES ACT 1991 - SECT 17
Application for order in absence of an adjoining owner
DIVIDING FENCES ACT 1991 - SECT 17
Application for order in absence of an adjoining owner
17 Application for order in absence of an adjoining owner
(1) An adjoining owner may apply to the Local Court or the Civil and
Administrative Tribunal for an order, in the absence of the other adjoining
owner, authorising the carrying out of such fencing work as is specified in
the order (including the manner in which contributions for the work are to be
apportioned).
(2) Such an order may only be made if the Court or the Tribunal
is satisfied that the adjoining owner making the application has made
reasonable inquiries but has been unable to ascertain the whereabouts of the
other adjoining owner for the purposes of serving a notice under section 11.
(3) An adjoining owner who carries out the fencing work authorised by the
order and who later ascertains the whereabouts of the other adjoining owner:
(a) may serve a copy of the order on the other owner, and
(b) is entitled,
after 1 month from the date of service, to recover from the other owner the
proportion of that owner's contribution as specified in the order.
(4) The
adjoining owner served with a copy of an order under subsection (3) may,
within 1 month after being served, apply to the Local Court or the Civil and
Administrative Tribunal for a variation of the order and the Court or the
Tribunal may vary the order in such manner as it thinks fit.