New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 17

17 Application for order in absence of an adjoining owner

(1) An adjoining owner may apply to the Local Court or the Civil and Administrative Tribunal for an order, in the absence of the other adjoining owner, authorising the carrying out of such fencing work as is specified in the order (including the manner in which contributions for the work are to be apportioned).

(2) Such an order may only be made if the Court or the Tribunal is satisfied that the adjoining owner making the application has made reasonable inquiries but has been unable to ascertain the whereabouts of the other adjoining owner for the purposes of serving a notice under section 11.

(3) An adjoining owner who carries out the fencing work authorised by the order and who later ascertains the whereabouts of the other adjoining owner:

(a) may serve a copy of the order on the other owner, and

(b) is entitled, after 1 month from the date of service, to recover from the other owner the proportion of that owner's contribution as specified in the order.

(4) The adjoining owner served with a copy of an order under subsection (3) may, within 1 month after being served, apply to the Local Court or the Civil and Administrative Tribunal for a variation of the order and the Court or the Tribunal may vary the order in such manner as it thinks fit.