Fences Act: Dividing Fence Dispute - Victoria (Applicant) - Urgent Fencing Works - No Pre-Action Notice Required (s 23)

Can I repair a dividing fence urgently without a fencing notice in Victoria?: Yes, if the works need to be carried out urgently, a dividing fence has been damaged or destroyed, and it is impracticable to give a fencing notice to the adjoining owner (s 23(1) Fences Act 1968). The note to s 23 gives examples such as damage by a falling tree or branch, fire or flood. Once the works are complete, the owner may give an urgent fencing notice requiring the adjoining owner to contribute, stating why the works were urgent, their cost with a copy of the receipt, and the amount the adjoining owner must pay (s 24).

Jurisdiction: Magistrates' Court of Victoria (Civil Division) for cost recovery after the works are completed.

The Process at a Glance: Photograph and document the damage immediately. Arrange urgent works with a licensed contractor to make the fence secure. Give the adjoining owner as much notice as possible before works begin (even informal telephone notice is better than none). Once works are complete, serve a Form 6 Urgent Fencing Notice on the adjoining owner seeking their 50% contribution. If the owners have not agreed 30 days after the notice is given, file a complaint in the Magistrates' Court seeking an order under section 30C (section 25 where the neighbour responded, section 26 where there was no response).

Key Legislation and Case Law: Fences Act 1968 (VIC) s 23 (urgent fencing works may be carried out without a fencing notice or agreement where the works are urgent, the dividing fence has been damaged or destroyed, and it is impracticable to give a fencing notice) and s 24 (urgent fencing notice requiring the adjoining owner to contribute once the works are complete). Sections 25 and 26 allow a complaint seeking a section 30C order 30 days after the urgent fencing notice is given: either owner where the adjoining owner responded but there is no agreement (s 25), the notifying owner where there was no response (s 26). The Fences Regulations 2024 (VIC) prescribe Form 6 (Urgent Fencing Notice), which may be used for the section 24 notice. The Civil Procedure Act 2010 (VIC) overarching obligations still apply to any subsequent court proceedings.

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