Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a dividing fence has been damaged or destroyed suddenly - for example by a fallen tree, a vehicle collision, a storm, or a fire - and the situation is so urgent that waiting for the one-month Section 11 Notice response window would cause further loss or leave a property unsecured. Section 9 of the Dividing Fences Act 1991 (NSW) creates a specific exception for these situations: where urgent fencing work is required and it is impracticable to serve a notice, one owner can carry out the urgent fencing work required to restore the fence without first serving a notice, and the other owner is liable for half the cost (or more if s 8 applies). Section 9 sets no one-month or 28-day limit on the claim for the contribution; the one month in s 9(4) is the time the other owner has to apply for a review of that liability.
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Jurisdiction: NSW Civil and Administrative Tribunal (NCAT) Consumer and Commercial Division or NSW Local Court. Section 9 emergency cost recovery claims. Section 9 sets no 28-day filing deadline for the claim; Legal Aid NSW's guidance is that the application must be made within six years of the urgent work being completed, and the claim should still be brought promptly.
The Process at a Glance: When the client reports urgent damage, document the damage immediately with photographs and obtain emergency repair quotes. Confirm that the damage makes it impracticable to serve the standard Section 11 Notice before proceeding. Engage the contractor and complete the emergency repairs. Record the completion date immediately - the other owner's one-month period to apply for a review of the liability (s 9(4)) runs from that date. Serve a written notice on the adjoining owner explaining what was done and claiming 50% of the cost. If the adjoining owner does not pay, file the application promptly. The adjoining owner has one month after completion (or a later period the Court or Tribunal allows) to apply for a review of the liability.
Key Legislation and Case Law: Dividing Fences Act 1991 (NSW) s 9 (urgent fencing work - emergency exception to notice requirement; the other owner is liable for half the cost; that owner may apply for review within 1 month after completion or a later period allowed). Section 8 (liability where damage caused by negligent or deliberate act - the responsible owner is liable for up to the whole cost, not 50/50).
* 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 Dividing Fences Dispute - Applicant (NSW) - Urgent Fencing Work - Section 9 Emergency Repair and Cost Recovery 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 Tribunal/Court Application process. Utilize these tracking templates to manage your legal cases efficiently.
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
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