Western Australian Current Acts Western Australian Current Acts (1) Where the owner
giving and the owner receiving a notice given pursuant to section 8 agree as
to the construction of the fence to which the notice relates, or where, in
default of such agreement, an order of the court is made pursuant to
section 9, and in either case either of those owners fails within the time
named in the agreement or order, or, if no time is named, within 3 months
after the date of the agreement or order, to perform his part of the agreement
or to comply with the order, then the other of those owners may construct the
whole fence as agreed upon or determined by the order.
(2) The owner who
constructs the fence pursuant to subsection (1) may recover from the owner in
default half the cost thereof.
[Section 10 amended: No. 59 of 2004 s. 141.]