Victorian Current Acts Victorian Current Acts(1) If fencing works and any subsidiary works are required for a dividing fence between adjoining lands (including the construction of the fence) and an owner of one of the adjoining lands requires a fence that is greater than the standard for a sufficient dividing fence, that owner is liable for the entire cost of the fencing works and any subsidiary works so far as they exceed the standard for a sufficient dividing fence.
(2) If fencing works and any subsidiary works are required for a dividing fence between adjoining lands and there is a dividing fence between the adjoining lands that was constructed to a standard that is greater than that for a sufficient dividing fence, the owner of the land for which the greater standard of dividing fence was required is liable for the entire cost of the fencing works and any subsidiary works so far as they exceed the standard for a sufficient dividing fence.
(3) Nothing in this section prevents owners agreeing to contribute in other proportions to the fencing works and any subsidiary works for a dividing fence that is of a standard greater than the standard for a sufficient dividing fence.
S. 9 substituted by No. 30/2014 s. 6.