• what the fence should be made of
• how high the fence should be
• where the fence should be built
• when the fence should be built
• how the costs of the fencing work should be divided between neighbours.

Applying for a Fencing Order

To apply for a Fencing Order, you must fill in an application form and pay a filing fee.

An application for a Fencing Order can only be made if a Fencing Notice was served by you or your neighbour at least one month earlier. For more information, see Fencing Notices.

You can make an application to either the Local Court or NCAT. They can make the same orders. 

If you are not sure where to make your application for Fencing Orders, you should get legal advice.

If you want to apply to NCAT (or have already applied), see Going to NCAT.

If you want to apply to the Local Court (or have already applied), see Going to the Local Court.

Responding to an application for a Fencing Order

Your neighbour may have made an application for a fencing Order in either the Local Court or NCAT. NCAT and the Local Court can make the same orders. 

If your neighbour made an application for a Fencing Order at NCAT you will be served with (given) a Notice of Conciliation and Hearing. 

If your neighbour made an application for a Fencing Order at the Local Court, you will be served with a copy of the application which will have a date for the mention. The mention is the first court date. 

You will then need to decide how you are going to respond to your neighbour's application. 

An application for a Fencing Order can only be made if a Fencing Notice was served by you or your neighbour at least one month earlier. For more information, see Fencing Notices.

NCAT and the Local Court can transfer applications to one another. This means that if your neighbour has made an application to the Local Court, but you think that the case should be decided by NCAT, you can ask the Local Court to transfer your matter to NCAT.

If your neighbour has made an application to NCAT, see Going to NCAT.

If your neighbour has made an application to the Local Court, see Going to the Local Court.

Deciding between NCAT and the Local Court ​

Before you decide where to apply, you should consider the following:

• NCAT aims to have cases listed within four weeks after the application. The Local Court waiting times will vary. Some Local Courts in rural areas are not open every day and it may take longer before a case is listed. Contact your Local Court to check the waiting times.
• NCAT will ask parties to discuss the dispute and try to come to an agreement, before having a hearing. This is called a conciliation. The Local Court may refer the parties to a separate mediation service but there is no mediation or conciliation​ help provided by the court.
• NCAT is not bound by rules of evidence. This means that NCAT can be less formal than the Local Court in the way it hears matters.
• If you or the other owner of your neighbouring property lives in a different State, NCAT may not be able to determine your matter. This may mean that NCAT helps you to mediate but will tell you that you need to go to the court if you want a decision on your matter. For more information, see Federal jurisdiction on the NCAT website.
• If you need to enforce an order made by NCAT, there are some extra steps, and an extra fee.

If you are not sure where to make your application, you should get legal advice. ​

For answers to commonly asked questions, see Frequently Asked Questions​.​