Fencing Quickguide
PLEASE NOTE: The Committee is not able to provide advice about fences. If you are unable to find an answer to your question in the Fencing QuickGuide, please do not contact the Committee as we will be unable to assist you. We suggest that you contact a community legal centre (http://www.communitylaw.org.au/find_a_clc.php) or a solicitor instead.
Enforcement
Sections 28 and 29 of the Act enable proceedings to be taken in the Magistrates' Court to recover money owing under agreements, orders or awards in respect of fencing made under the Act.
Where there are existing orders, this can be done administratively and will usually require the issuing of a Sheriff's warrant to enable goods to be seized to satisfy the debt. The cost of a warrant is approximately $144.
Remember, however, that warrants for seizure and sale do not always succeed. A genuinely poor person may have nothing that can be seized. This is one of the risk factors to be taken into account when deciding whether or not to take the matter to Court.
Where recovery is sought in relation to an agreement entered into after service of a Notice to Fence, fencing can proceed and the money owing can be recovered by way of a Magistrates' Court Complaint pleading the agreement.