Victorian Consolidated Legislation

Fences Act 1968 - SECT 7

In default of agreement, Court or arbitrator may decide

7. In default of agreement, Court or arbitrator may decide



(1) If within one month after the service of a notice to fence the person
serving and the person served with the notice do not agree upon the
construction of a fence, the kind of fence to be constructed, or the
proportions in which they are to join in or contribute to the construction of
the fence, the Magistrates' Court on the complaint of either of them may make
an order prescribing-



   (a)  the kind of fence to be constructed;

   (b)  the portion of the fence to be constructed by each person, or the
        proportion of the cost of constructing the fence to be contributed by
        each person; and

   (c)  where such further order is necessary, the position of the fence.

(2) The Court may refer the determination of the matters to be prescribed by
the order to the award of an arbitrator who shall be appointed by an order of
the Court.

(3) The arbitrator shall within the time stipulated in the order appointing
him (if any) deliver his award to the Court.



(4) The award of the arbitrator shall have the same effect as, and be deemed
to be, an order of the Court.

(5) Where an arbitrator-

   (a)  neglects or declines to act;

   (b)  becomes incapable of acting; or

   (c)  dies-

the Court may appoint in his place another arbitrator who shall have the same
powers and duties.

(6) In making the order or award, the Court or arbitrator (as the case may be)
shall be guided as to the kind of fence to be constructed by the kind of fence
usually constructed in the place where it is proposed to construct the fence.