Northern Territory Consolidated Acts Northern Territory Consolidated Acts10. Application for order ex parte
(1) An owner may apply to the court for an order to construct a dividing fence notwithstanding that a notice to fence has not been served on the owner of the adjoining land.
(2) Upon an application made under subsection (1) the court, if it is satisfied that the applicant has made reasonable enquiries and has been unable to ascertain the whereabouts of the owner of the adjoining land, may make an order ex parte authorizing the applicant to construct a dividing fence of the kind and on the line specified in the order.
(3) Where a fence is constructed in pursuance of an order made under this section and the successful applicant ascertains the whereabouts of a person who was liable to be served with a notice to fence at the time the application was made, the successful applicant may serve on that person a copy of the order to fence.
(4) Upon service of a copy of an order to fence made under this section -
(a) the person so served may apply to set aside the order on the grounds that the order was not, at the time it was made, in accordance with the justice of the case; or
(b) unless an order under paragraph (a) has been made, the successful applicant is entitled to recover from the person so served one half of the cost of the construction of the fence or one half of the value of the fence at the date of service (whichever is the lesser amount).