Legal Project Management Plan & Checklist
Use this fork when your client is in New South Wales and has received a fencing notice from their neighbour under the Dividing Fences Act 1991 (NSW). The adjoining owner has received a proposal to carry out fencing work and contribute to the cost, and wants to respond, dispute, or minimise their contribution.
Jurisdiction: New South Wales. A fencing application may be made to the Local Court or to the () under s 12(2) of the Dividing Fences Act 1991 (NSW); either body may make the orders listed in s 14. This fork follows the NCAT path. Since 1 July 2025 NSW Community Justice Centres mediate only disputes referred by NSW courts (and incorporated association disputes), so the owners must negotiate directly or use a private mediator before proceedings.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter number | ||||
The Process at a Glance: The practitioner reviews the fencing notice received under the Dividing Fences Act 1991 (NSW) for compliance with s 11. A title search is obtained, the boundary is verified, and the existing fence is assessed against the matters in s 4 that set the standard for a sufficient dividing fence. Counter-quotes are sourced if the proposed fence exceeds the sufficient standard. The client may answer in writing or serve their own notice under s 11 proposing a different fence; if the owners have not agreed within 1 month after the notice was served, either owner may apply for fencing orders (s 12(2)). Direct negotiation or private mediation is attempted (Community Justice Centres no longer take neighbour disputes that are not court-referred). If the dispute proceeds, an NCAT defence is filed and the matter is heard.
Key Legislation and Case Law: Dividing Fences Act 1991 (NSW) - s 3 (definitions, including owner and fence); s 4 (matters the Local Court or NCAT considers in setting the standard for a sufficient dividing fence); s 6 and s 7 (adjoining owners contribute in equal proportions to a dividing fence of a standard not greater than a sufficient dividing fence; an owner who wants a higher standard bears the excess); s 8 (an owner whose negligent or deliberate act damaged or destroyed the fence is liable for up to the whole cost of restoring it); s 11 (notice to carry out fencing work: boundary line, type of work and estimated cost; either adjoining owner may serve one); s 12(2) (if the owners do not agree within 1 month after service, either may apply to the Local Court or NCAT); s 13 (jurisdiction); s 14 (orders the Local Court or NCAT may make); s 21 (service of notices); s 22 (leave to serve a notice up to 12 months after the work was carried out). NSW Community Justice Centres - from 1 July 2025 free mediation is available only for disputes referred by NSW courts and for incorporated associations; it is no longer available to neighbours who refer themselves before NCAT proceedings.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Neighbourhood Disputes: Dividing Fences (Adjoining Owner) - NSW - Adjoining Owner (Dividing Fences Act 1991) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Execute the retainer, complete VOI, audit the fencing notice under the NSW Act, and record the date 1 month after service of the notice (s 12(2)).
Serve either the client's own notice under s 11 proposing a different fence, or a response agreeing, objecting, or counter-proposing.
Attempt to resolve the dispute by direct negotiation or private mediation and document whether agreement was reached.
Prepare and file the defence response in NCAT with supporting evidence bundle.
Advise client on the NCAT order, arrange any payment, and close the file.
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