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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.