Victorian Consolidated Legislation

Fences Act 1968 - SECT 8

Person may construct fence and recover contribution

8. Person may construct fence and recover contribution



(1) Where-





   (a)  the person serving and the person served with a notice agree
        concerning the construction of a fence, or in the absence of agreement
        an order of the Magistrates' Court or an award of an arbitrator is
        made; and

   (b)  either person fails to perform his part of the agreement or to comply
        with the order or award within the time named in the agreement order
        or award or, where no time is named, within three months of the
        agreement order or award-

the other person may construct the whole fence in compliance with the
agreement order or award and may recover the proportion of the cost agreed
upon ordered or awarded before the Magistrates' Court.

(2) No proceedings for the recovery of a proportion of the cost of
construction of a fence shall fail on the ground that the fence was not
constructed in compliance with an agreement order or award unless the
agreement order or award was not complied with in a respect or to an extent
which was material.