The dividing fence is rotten, leaning, or simply gone, and the neighbour refuses to contribute to a replacement. This is one of the most common civil disputes in Australia — and one where every state has a clear statutory process you can follow.
The legal context
Each state has a Dividing Fences Act (or equivalent): NSW Dividing Fences Act 1991, Victoria Fences Act 1968, Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, and so on. The common framework requires a written notice to contribute (a “fencing notice”) to the adjoining owner, specifying the work, the materials, the contractor and the cost split — usually 50/50 for a “sufficient” fence, more if you want premium materials.
Realistic outcomes
Most fence disputes settle at the notice stage because the law is so settled. Where the neighbour refuses, the relevant tribunal — VCAT, NCAT, QCAT, or the Magistrates Court in WA, SA and Tasmania — can order them to contribute. Default judgments and enforcement (including charging orders against the property) are real possibilities.
The document approach
A statutory fencing notice has specific content requirements that vary by state. A general Letter of Demand can supplement it where the neighbour has caused damage (dog dug under, vehicle reversed into) and the claim is not just contribution but rectification.
What Claim Done delivers ($79)
For a flat $79 we draft a Letter of Demand framed for your state’s Dividing Fences regime, citing the correct Act and the contribution framework, ready to send.
What to expect after
Send by registered post — most state Acts require it. If no agreement within the statutory period (usually 30 days), lodge with the relevant tribunal. Bring two written quotes from licensed fencing contractors and any photos of the existing fence’s condition.