DIVIDING FENCES ACT 1991 - SECT 22
Time for service of notices--special provision
DIVIDING FENCES ACT 1991 - SECT 22
Time for service of notices--special provision
22 Time for service of notices--special provision
(1) The Local Court or the Civil and Administrative Tribunal may grant leave
to serve a notice demanding contribution under this Act on an adjoining owner
from whom contribution is sought up to 12 months after the fencing work
concerned has been carried out.
(2) Leave may be granted only if:
(a) the
Court or the Tribunal is satisfied that the owner seeking to serve notice has
mistakenly taken action in respect of the dividing fence under some other Act,
or
(b) the Court or the Tribunal considers it to be just or equitable in the
circumstances for leave to be granted.