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Dividing fence application

From 1 November 2011 the Neighbourhood Disputes Resolution Act 2011 provides new options for resolving dividing fence disputes. For more information on the new laws visit http://www.neighbourhooddisputes.qld.gov.au/.

If you have an existing dividing fence dispute before QCAT, or your application will relate to a notice to fence given before 1 November 2011, your dispute will continue to de dealt with according to existing legislation. For more information contact enquiries@qcat.qld.gov.au.

Types of dividing fence matters

There are two types of matters relating to dividing fences:

  • minor civil dispute - dividing fences
  • minor civil dispute - debt dispute. If your matter relates to recovering a debt for fencing work based on an agreed amount (up to $25,000), your dispute is a minor debt. Visit debt disputes for more information on the minor debt application process.

Before you make an application

Ensure you have read dividing fences and the Application checklist - dividing fence disputes (PDF, 112.8 KB) before making an application.

Lodging your application

1. Complete Form 53 - Application for minor civil dispute - dividing fences (PDF, 404.9 KB).

Note that if your matter relates to recovering a minor debt resulting from an agreed amount (up to $25,000) for fencing work, go to debt disputes to proceed with your application.

2. Lodge your application and supporting documents including paying any applicable application fee.

What happens next?

Once your application and forms have been received and reviewed, QCAT will return to you copies of your application and forms which have been stamped with the QCAT seal (official stamp). The progress of your matter will depend on your individual circumstances. For more information on your requirements regarding serving of copies of the sealed applications, refer to the instructions on the application form.

Resolving the dispute with QCAT

You may receive a notice to attend mediation, a directions hearing, a compulsory conference or a hearing. For more information on mediation read the QCAT fact sheet Mediation in minor civil disputes - fencing matters (PDF, 187.6 KB).
Any description of QCAT's jurisdiction on this website is general information only and is not intended to precisely define the types of applications that QCAT has the power to decide. QCAT's jurisdiction is determined by the relevant legislation. If you are unsure about your legal rights you should seek legal advice. Any actions taken to resolve your dispute should be determined by your individual circumstances.
Last reviewed
22 November 2011
Last updated
27 March 2012

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