The Magistrates' Court deals with disputes under the Fences Act 1968 concerning fencing works and subsidiary works for dividing fences through its’ Civil Jurisdiction. These disputes include matters regarding the construction or repair of a dividing fence, such as who pays for the fence, what type of fence is to be built and where the fence is to be placed.
An Information Guide is available to provide general information about the civil process that applies to fencing disputes in the Court, including how to file a complaint with the Court. Download a copy of this guide from the Related Publications menu on the right.
Please note: The guide does not cover all situations and is not a substitute for legal advice.
There is a fee associated when filing a fencing dispute, payable when the complaint is lodged to commence proceedings. Court staff can advise you of the fee, or refer to the Costs and Fees Ready Reckoner in the Related Publications menu.
Before taking any court action, it is strongly recommended that parties seek advice and/or mediation through the Dispute Settlement Centre of Victoria (DSCV).
Dispute Settlement Centre of Victoria
Level 4, 456 Lonsdale St
Melbourne Vic 3000
Ph: 1300 372 888
The DSCV is also located in a number of offices throughout regional and metropolitan Victoria. Information on the services that the DSCV provide and full details of each location is available at www.disputes.vic.gov.au.
The DSCV provide a free service that parties can use. If the dispute does not resolve at mediation, the matter can still be taken to court.
For further information and assistance on resolution of fencing disputes, see the links under the Related Publications and Web and Legislation menus.