Going to the Local Court
This page has information about how to make or respond to an application for a Fencing Order at the Local Court.
Applying for a Fencing Order
To apply for a Fencing Order at the Local Court, you will need to complete an application form, attach the Fencing Notice and any quotes that you may have. You will then need to pay a filing fee and send the application to the Local Court.
After you have filed your application, you will have to serve it on (give it to) your neighbour. There are a number of ways you can serve your application.
For more information on completing and serving your application, see Going to the Local Court - Step by step guide.
The Local Court will write the date and time your case will be heard on the application. The first court date is called a 'mention'. You must go to court on the mention date. At the mention the magistrate may:
- refer your case to mediation
- adjourn (postpone) the case for another mention
- list it for hearing.
For more information, see
The mention.
If your matter is listed for hearing, you should start preparing your case. You should consider what you may need to take and what you should say.
For more information, see
Preparing for the Local Court hearing - Step by step guide and
Presenting your case at the Local Court hearing - Step by step guide.
Responding to an application for a Fencing Order
If you have been served with (given) a copy of an application for a Fencing Order, you should;
- check the date your case has been listed for 'mention' (this is the first court date)
- read the application carefully and see what your neighbour is asking for
- check if your neighbour has attached a Fencing Notice
- check if your neighbour has any quotes.
You do not have to file any forms in response to the application, however, you must go to court on the mention date. At the mention the magistrate may:
- refer your case to mediation
- adjourn (postpone) the case for another mention
- list it for hearing.
For more information, see
The mention.
If your matter is listed for hearing, you should start preparing your case. You should consider what you may need to take and what you should say.
For more information, see
Preparing for the Local Court hearing - Step by step guide and
Presenting your case at the Local Court hearing - Step by step guide.
For answers to frequently asked questions, see Frequently Asked Questions.