How to Write a Dividing Fence Notice That Holds Up at Court or Tribunal (State-by-State Checklist)

You’ve decided to do it properly. You’ll serve a fencing notice, wait the period, and if the neighbour still won’t engage, apply for an order. Good. Now the detail matters, because a fencing notice is a statutory document with mandatory contents, and a neighbour who wants to avoid paying will look for the missing piece. “The notice didn’t specify the line” or “it didn’t include a quote” gets applications dismissed and sends you back to the start.

This is the checklist, state by state, of what your notice must contain, how it must be given, and what the response period is.

Your rights

The fencing legislation in every state gives you the right to require an adjoining owner to contribute to a sufficient dividing fence, and to obtain a court or tribunal order fixing the fence and the contributions if they won’t agree. That right is conditioned on a compliant notice. The notice is also the document the tribunal reads first at any hearing: it defines what’s in dispute. Draft it as if the member is the audience. A notice with the boundary, the fence, the work, the quotes and the share, served in a permitted way, gets you agreement or an order. Anything less invites an argument about the notice instead of the fence.

By state

• New South Wales. Dividing Fences Act 1991, s 11. Written notice specifying the boundary line, the type of fencing work, the kind of fence, and the estimated cost with the proposed share. No prescribed form. Response period one month; then the Local Court or NCAT.
• Victoria. Fences Act 1968, s 13. Use the published standard fencing notice: boundary, type and height of fence, the work, an estimate or quote, contribution sought, and who will do the work. 30 days; then the Magistrates’ Court.
• Queensland. Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. Form 2 Notice to Contribute is mandatory and must attach at least one written quote (two if the contribution sought exceeds the amount set in the Act); it must describe the line, the fence, the work and each owner’s share. One month to agree; apply to QCAT within two months.
• Western Australia. Dividing Fences Act 1961. Written notice stating the intention to construct or repair, the kind of fence, the boundary and the proposed contribution. 21 days; then the Magistrates Court.
• South Australia. Fences Act 1975. Form 1 Notice of Intention (mandatory), with the fence type, line, cost and share. The neighbour may reply with a Form 3 cross-notice within 30 days; then the Magistrates Court.
• Tasmania. Boundary Fences Act 1908. Written notice to join in erecting or repairing the fence, describing the fence and the share. 21 days to object; then the Magistrates Court.
• Australian Capital Territory. Common Boundaries Act 1981. Written notice asking the neighbour to discuss the fence and their contribution (ACAT publishes a template). 14 days must pass before an ACAT application.
• Northern Territory. Fences Act 1972, s 7. Written notice to fence specifying the common boundary (or the line proposed where the boundary can’t be fenced), a fencing proposal, and the kind of fence. One month; then NTCAT under s 8. Service by hand or post to the owner (s 23).

The Claim Done document asks your state first and drafts the notice with every element that state’s Act requires, on or matching the prescribed form.

What to do right now

1. Write the boundary description. Lot and plan numbers from both titles, the length of the shared boundary, and whether the whole line or a part is to be fenced.
2. Specify the fence. Material, height, style, posts and footings. If replacing, say so and describe the existing fence’s condition with photos.
3. Attach the quotes. Written, itemised, from licensed contractors. Where you want a better-than-sufficient fence, show both figures and state that you’ll pay the difference.
4. State the share and the timing. Usually 50/50 of the sufficient-fence cost; the proposed start date; who engages the contractor; how and when the neighbour pays.
5. Serve and record. Hand delivery or post to each registered owner (and the body corporate for strata). Note the date served and calculate the response date including postal time.

After the notice: agreement, counter-proposal, or order

Three things can happen. The neighbour agrees: get it in writing, build, and invoice their share; the agreement is enforceable. The neighbour counter-proposes (different fence, different contractor, a dispute about the line): negotiate in writing, and if it stalls, apply. The neighbour says nothing: when the period lapses, apply. Court and tribunal fencing applications ask for the notice, proof of service, the quotes, photos and a title search. Hearings are short and orders typically fix the fence type, each owner’s share and a completion date, and are enforceable as a debt if the neighbour doesn’t pay. Mediation through a community justice centre before applying is cheap and sometimes expected.

Who to complain to

New South Wales Local Court or NCAT; Victorian Magistrates’ Court; QCAT; Western Australia, South Australia and Tasmanian Magistrates Courts; ACAT; NTCAT. Community justice or dispute resolution centres in each state for free mediation. Your local council for any planning or pool-fencing requirement that dictates the fence type.

Get every element in — $49

Claim Done drafts a Fencing Notice containing every element your state’s Act requires: the boundary, the fence, the work, the quotes, the contribution and the response period, on or matching the prescribed form, with the court or tribunal named if the neighbour doesn’t respond.

Draft a Compliant Fencing Notice — $49 →

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