Applying for a fencing order 

This figure is a flow chart with labelled boxes linked by lines.  The flowchart describes the action that you can take if you want apply for a fencing order at the Local Court or NCAT.  

Each box in the flow chart contains a hyperlink to further information. 

The action you take will depend on your responses to each step in the flow chart. The flow chart is described as a list of 9 steps in which possible actions are listed beneath each step.

Step 1. You apply for a Fencing Order, one month after the Fencing Notice is sent [link to Fencing Orders]. Possible action:

• You file your application at the Local Court [link to Going to the Local Court]. Go to Step 2.

• You file your application at the NSW Civil and Administrative Tribunal (NCAT) [link to Going to NCAT]. Go to Step 6

Step 2. The court gives you a date and you serve the application on your neighbour [link to Going to the Local Court].  Go to Step 3.

Step 3. You go to the mention (the first court date) [link to The mention]. Possible action:

• You reach an agreement [link to Agreement in writing].

• The court lists your case for hearing [link to Preparing for the Local Court hearing]. Go to Step 4.

Step 4.   You go to the hearing [link to Presenting your case at the Local Court hearing]. Possible action:

• The Local Court makes a Fencing Order [link to Presenting your case at the Local Court hearing].

• The Local Court dismisses your application [link to After the decision].

Step 5.  You file your application at the NSW Civil and Administrative Tribunal (NCAT) [link to Going to NCAT].  Go to Step 6.

Step 6.   NCAT sends you and your neighbour a Notice of Conciliation and Hearing [link to Going to NCAT].  Go to Step 7.

Step 7.  You go to NCAT on the date listed [link to Preparing for a NCAT hearing]. Possible action:

• You reach an agreement and it is made into a consent order [link to Preparing for a NCAT hearing].

• You cannot reach an agreement and your case is listed for hearing [link to Presenting your case at a NCAT hearing].  Go to Step 8.

Step 8.  You cannot reach an agreement and your case is listed for hearing [link to Presenting your case at a NCAT hearing]. Possible action:

• NCAT makes a Fencing Order [link to Presenting your case at a NCAT hearing].

• NCAT does not make a Fencing Order [link to Presenting your case at a NCAT hearing].