August 2022

Dividing fences application

CONSUMER AND COMMERCIAL DIVISION | COMMERCIAL LIST

Complete this form to apply to NCAT’s Consumer and Commercial Division for Tribunal orders under the Dividing
Fences Act 1991.

File Number
Office use only

1. DISPUTE DETAILS

A. HAS A FENCING NOTICE BEEN SERVED?

Yes If yes, please attach a copy of the Fencing Notice

No If no, attach letter explaining why a Fencing Notice was not served

B. DATE FENCING NOTICE WAS SERVED

Must be more than one month before application lodged.

C. PROPERTY ADDRESS
Provide full description of the land such as street address, lot or portion number or other particulars of
property where fencing work is to be carried out.

Address:

Lot and Plan No (DP, SP or FP) as displayed on rate notice:

D. RELATED FILE NUMBERS

List any previous NCAT file numbers relating to the parties and the current dispute:

2. APPLICANT / OWNER

A. APPLICANT’S DETAILS
Provide details of person or company making the application. For multiple applicants attach details on a
separate sheet.

Full name: [[*IF { i_c|pt = Applicant |c1=Individual|c2=Company} = "Individual" *]]

[[ FullName |pt = Applicant ]] [[*ELSE*]] [[ CompanyName|pt = Applicant ]]
Postal address: [[*ENDIF*]]
[[MailingAddressLine|pt=Applicant|ifnull=ignore]] [[MailingCity|pt=Applicant|ifnull=ignore]]
[[MailingStateProvince|pt=Applicant|ifnull=ignore]] [[MailingPostCode|pt=Applicant|ifnull=ignore]]

Contact details: Daytime telephone [[Phone1|pt=Applicant| Mobile [[Phone_Mobile|pt=Applicant|fm=d|

fm=d|ifnull=ignore]] ifnull=ignore]]
Email address: * [[E_Mail|pt=Applicant|ifnull=ignore]]

* By providing an email address you are agreeing that any NCAT notices, orders and correspondence can
be emailed to you. Ensure the email address provided is accurate and the account is checked regularly

NCAT Consumer and Commercial Division Form | Dividing fences Page |

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3. RESPONDENT / ADJOINING OWNER

A. ADJOINING OWNER DETAILS

Provide full name and residential or business address of the owner of the adjoining property. If the
respondent is a company or business, please attach a current business name extract or company
extract from ASIC.

Full name: [[*IF {i_c|pt=Respondent|c1=Individual|c2=Company} = "Individual" *]] [[FullName|

Address: [[MailingAddressLine|pt=Respondent|ifnull=ignore]] [[MailingCity|pt=Respondent|ifnull=ignore]]

[[MailingStateProvince|pt=Respondent|ifnull=ignore]] [[MailingPostCode|pt=Respondent|ifnull=ignore]]

Contact details: Daytime telephone [[Phone1|pt=Respondent| Mobile [[Phone_Mobile|pt=Respondent|fm=d|

Email [[E_Mail|pt=Respondent|ifnull=ignore

Are you making this application because you could not locate the adjoining owner?
Provide details on a separate sheet explaining the steps you have taken to attempt to locate them.

4. ORDER DETAILS

A. WHAT ORDERS DO YOU WANT?

NCAT can make the following orders under the Dividing Fences Act 1991. Tick the order/s
you want.

An order determining the boundary or line on which the fencing work is to be carried out

An order determining the fencing work to be carried out (including the kind of dividing fence involved)

An order determining the manner in which contributions for the fencing work are to be apportioned or
re-apportioned between the parties or the amount that each adjoining owner is liable to pay for that
work

An order determining which portion of the dividing fence is to be constructed or repaired

by either owner An order determining the time within which the fencing work is to be

carried out

An order for compensation for loss of occupation of

any land An order that no dividing fence is required

in part or whole Other Orders (please specify)

B. DESCRIBE THE FENCING WORK TO BE CARRIED OUT

Provide details about the existing dividing fence. Describe the fencing work you want done, for example the
type of fence you want, the height and length of the fence, the position of the fencing work, and the
materials to be used and the name of any proposed fencing contractor If insufficient space please attach a

separate sheet.

NCAT Consumer and Commercial Division | Dividing fences Page |

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C. ESTIMATED COST OF FENCING WORK
What is the portion of the cost of the fence to be paid by each party? Attach copy of the quote

NCAT Consumer and Commercial Division | Dividing fences Page |

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5. LANGUAGE AND DISABILITY SUPPORT

A. SUPPORT REQUIREMENTS
Indicate whether you have a disability-related need or other request for support at the hearing.

B. INTERPRETER
Do you need an interpreter for the hearing? No Yes (specify language):

6. APPLICATION CHECKLIST

I am the owner of the land

I have attached a copy of the Fencing Notice

Attach a copy of the Fencing Notice or letter explaining why a Fencing Notice was not served on the adjoining
owner.

I have attached all material relevant to the application

Include all relevant information with your application such as photographs, diagrams, affidavits, receipts,
current survey of boundary line (if available). Note: A copy of this application and any attachments will be
sent to the respondent.

I have attached a recent ASIC company or business name extract

If the respondent a company or business, attach a current business name extract or company extract
from ASIC which shows the organisation’s registered name and address. Extracts can be purchased
online on the ASIC website.

I have made a copy of this application for my own records

Before lodging your application with NCAT you must make a copy of your application for your own records.

I have attached the application fee

Refer to the fee schedule on the NCAT website. Payment of fees can be made by credit card, cheque or
money order, by phone, and via the Simple Payment Portal. Learn more about how to make a payment.

Concession fee applicants must provide a photocopy of their concession card.

If you are unable to pay the concession fee or are not eligible, NCAT may consider waiving the fee fully
or partially. To request a fee waiver please complete the fee waiver request form.

7. SIGNATURE
Applicant’s signature or signature of representative.

Name Position title (if company)

Signature Date [[system_date|fm=%-e/

%m/%Y]]

Lodge your Application with the fee at your nearest NCAT Registry
For NCAT Consumer and Commercial Division Registry locations visit the NCAT website. For all NCAT
enquiries telephone 1300 006 228 or visit www.ncat.nsw.gov.au.

NCAT Consumer and Commercial Division | Dividing fences Page |

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GUIDE TO COMPLETING THE APPLICATION FORM
The following instructions are provided to assist applicants complete the NCAT Dividing fences application
form. Note: Section headings and numbers match the questions on the application form.

1. DISPUTE DETAILS deed (for example, the property is one person’s name)
they must be named as applicant. Spouses and partners
A. HAS A FENCING NOTICE BEEN SERVED?
cannot apply on their behalf.
An owner wanting an adjoining owner to
contribute to the cost of constructing, replacing,
repairing or maintaining a dividing fence must
first serve a Fencing Notice under section 11
Dividing Fences Act 1991 on the adjoining owner.

Attach a copy of the Fencing Notice sent to the

adjoining owner to the application form.
Otherwise attach a letter explaining why a
Fencing Notice was not served.

Visit the LawAccess NSW website for detailed

information about Fencing Notices.

When a Fencing Notice need not be served

If urgent fencing work is needed on a dividing
fence which has been destroyed or damaged (for
example, due to a storm or accident), an owner
can carried out urgent work without first issuing a
Fencing Notice. Reasons for urgent fencing include
safety, security, or to prevent stock loss. NCAT can
review any dispute arising out of these
circumstances.

If a Fencing Notice cannot be served because you

do not know the whereabouts of the adjoining
owner, attach a letter outlining the steps you took
to attempt to locate the adjoining owner.

B. DATE FENCING NOTICE WAS SERVED

An application to NCAT for orders can only be made
if a Fencing Notice was served by you or your
neighbour at least one month earlier. Insert date
the Fencing Notice was served on the adjoining
owner either personally or by post.

C. PROPERTY ADDRESS
Provide a full description of the land where the
fencing work is to be carried out. Include the street
address, lot/portion numbers, parish, county or
other relevant details.

D. RELATED FILE NUMBERS

If you have already been to NCAT, or if this is a
cross claim to an application already pending
before NCAT, enter the previous file numbers if you
know them. These should be file numbers of other
matters with the same parties.

2. APPLICANT / OWNER
A. APPLICANT’S DETAILS
The applicant is the person, business or company
that is the owner of the subject property and
lodging an application to NCAT. Provide your full
name and postal address for notices.

Note: If only one person’s name appears on the title

NCAT Consumer and Commercial Division | Dividing fences Page |

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Do you want NCAT notices and If you have a special need please specify on the
correspondence emailed to you? application form. Otherwise contact NCAT and ask
By providing an email address you agree to to speak to a Deputy Divisional Registrar to discuss
receive all future case-related correspondence your individual requirements.
by email, including the notice of hearing. If you
are the applicant’s representative, please
provide your email address to ensure you
receive the notices of hearing, and the not the
email address of the person you are
representing.

To change your email address after the

application is lodged, log into eServices
via the NCAT website.

3. RESPONDENT / ADJOINING OWNER

A. ADJOINING OWNER DETAILS
Provide the full name and address of the
person who owns the property neighbouring
yours.

If you are not sure who the adjoining owner is,

for example fi the neighbouring property is
rented, ask the tenant or managing agent of
the property for the owner’s contact details.
Otherwise you may need to do a title search or
make an access application to your local
council.

Attach a company or business name extract

If the respondent a company or business,
please attach a current business name extract
or company extract from the Australian
Securities and Investment Commission (ASIC)
which shows their registered name and
address. Extracts can be purchased online on
the ASIC website.

4. ORDER DETAILS
A. WHAT ORDERS DO YOU WANT?
Tick the type of orders you are seeking. You
may request more than one order.

B. FENCING WORK TO BE CARRIED OUT

Provide all relevant details of the fencing work
you want done, for example, the location and
type of fence including details of the fence
height, type of material colour and position.
Include details of the existing fence,
arrangements of the removal of any existing
fence, who you would like to do the work on the
fence and any additional work that will be done.

C. ESTIMATED COST OF FENCING WORK

Provide an estimated cost of the fencing work
and how the cost should be split between you
and your neighbour. If it is proposed that the
cost of the fencing is to be borne otherwise
than in equal proportions, the proposed
proportions must be specified.

5. LANGUAGE AND DISABILITY SUPPORT

A. SUPPORT REQUIREMENTS

NCAT Consumer and Commercial Division | Dividing fences Page |

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B. INTERPRETER I have made a copy of this application for my own
NCAT can organise an interpreter upon request for records
parties to proceedings. If you need and interpreter Before lodging your application with NCAT you
for the hearing, tick the box and specify the must make a copy of your application for your own
language and dialect required. records.

6. APPLICATION CHECKLIST I have attached the application fee

I am the owner of the land You must pay the application fee when
lodging your application. Refer to the fee
Only the registered owner/s of the property (e.g.
schedule on the NCAT website.
owner named on the Certificate of Title /
Mortgage can make an application to NCAT). Payment of fees can be made by credit card,
cheque or money order, by phone, and via the
I have attached a copy of the Fencing Notice
Simple Payment Portal. Learn more about how
You must attach a copy of the Fencing Notice to make a payment.
served by you or your neighbour. Otherwise, attach
a letter explaining why a Fencing Notice was note If you are unable to pay the concession fee or are
served. not eligible, NCAT may consider waiving the fee
fully or partially. To request a fee waiver please
I have attached all material relevant to the application complete the fee waiver request form.
Attach all documents and materials in support of
your applicant (e.g. quotes for the fencing work). If 7. SIGNATURE
the dispute is about the boundary line, attach a You must print your name and sign and date the
copy of the boundary notice and a recent survey application form. If the application form is
report by a registered surveyor. Attach photographs submitted without being signed, this will cause
if the dispute is about the condition of the fence. unnecessary delays.
Attach reports if the dispute is about a retaining
wall which may form part of the fence.

I have attached a recent ASIC company or business

name extract
If the respondent is a company or business, please
attach a company extract or business name
extract from ASIC which shows their registered
name and address.
Extracts can be purchased online on the ASIC
website.

NCAT Consumer and Commercial Division | Dividing fences Page |

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