State & Territory Legislation
Each Australian state and territory has specific legislation governing neighbour disputes, with dedicated tribunals and court systems for resolution when mediation fails.
Understanding State-Based Law
While local councils handle day-to-day compliance, state and territory governments provide the overarching legal framework for neighbour disputes. This includes specific acts governing fences, trees, noise, animals, and protection orders, as well as tribunal systems designed for accessible dispute resolution.
State legislation is generally more detailed and enforceable than council by-laws, providing remedies through courts and tribunals when council action proves insufficient or when disputes involve significant property rights or personal safety.
💡 Choose the Right State Section
Jump to your state or territory below for specific legislation, tribunal information, and resources. Laws vary significantly between jurisdictions, so always check the requirements for your specific location.
Quick State Navigator
Select your state or territory for specific legislation and resources:
New South Wales
Key Legislation
Dividing Fences Act 1991
Governs fence construction, cost sharing, and disputes between adjoining owners. Owners share equal responsibility for sufficient dividing fences. Disputes can be heard by Local Court or NCAT.
Trees (Disputes Between Neighbours) Act 2006
Provides framework for resolving tree disputes including overhanging branches, root damage, and interference with views. Applications made to Land and Environment Court for orders requiring tree work or compensation.
Protection of the Environment Operations Act 1997
Defines offensive noise and provides powers for noise abatement. Section 268 allows application for noise abatement orders. Council enforcement under Noise Control Regulation 2017.
Companion Animals Act 1998
Regulates dog and cat ownership including nuisance provisions. Council rangers can issue nuisance orders for barking dogs or roaming animals. Registration and microchipping requirements.
Crimes (Domestic and Personal Violence) Act 2007
Provides for Apprehended Violence Orders (AVOs) including APVOs for neighbour disputes. Covers stalking, harassment, and intimidation with criminal penalties for breaches.
Dispute Resolution
NSW Civil and Administrative Tribunal (NCAT) handles most neighbour disputes including fences, strata issues, and some tree matters. Applications online or by form with fees around $50-100 for most matters.
Land and Environment Court deals with tree disputes and some complex planning matters. More formal than NCAT but still accessible to self-represented parties.
Local Court can hear fence disputes and noise abatement applications as alternative to NCAT.
Resources
Victoria
Key Legislation
Fences Act 1968
Regulates dividing fence disputes including cost sharing and fence type. Neighbors must contribute equally to sufficient fences. VCAT has jurisdiction for disputes.
Tree Disputes (Common Law)
Victoria primarily uses common law for tree disputes. Property owners can cut overhanging branches to boundary. VCAT can hear applications under Fences Act where trees affect fences.
Environment Protection Act 2017
Regulates noise and environmental nuisance. EPA Victoria and councils share enforcement. Residential noise provisions in Environment Protection Regulations 2021.
Domestic Animals Act 1994
Governs dog and cat management including dangerous dog declarations and nuisance provisions. Council enforcement with significant penalties for breaches.
Personal Safety Intervention Orders Act 2010 / Family Violence Protection Act 2008
PSIOs for neighbour disputes involving harassment or threats. FVPAs for family violence. Applications to Magistrates Court.
Dispute Resolution
Victorian Civil and Administrative Tribunal (VCAT) is primary forum for neighbour disputes. Handles fences, planning objections, tree matters affecting fences. Generally user-friendly for self-represented parties.
Magistrates Court hears intervention order applications and some enforcement proceedings.
Resources
Queensland
Key Legislation
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
Comprehensive legislation covering both fences and trees. Provides detailed dispute resolution framework through QCAT. Covers overhanging branches, root damage, fence costs, and maintenance.
Environmental Protection Act 1994
Regulates noise and environmental nuisance. Chapter 8 deals with noise including domestic and commercial sources. Council and state enforcement.
Animal Management (Cats and Dogs) Act 2008
Regulates pet ownership, dangerous dogs, and nuisance animals. Council rangers enforce with nuisance orders and control directions.
Domestic and Family Violence Protection Act 2012
Protection orders for domestic violence and personal violence situations. Police or private applications to Magistrates Court.
Dispute Resolution
Queensland Civil and Administrative Tribunal (QCAT) handles fence and tree disputes, strata disputes, and some planning matters. Designed for accessibility with simple application processes.
Magistrates Court deals with protection orders and criminal enforcement.
Resources
Western Australia
Key Legislation
Dividing Fences Act 1961
Governs fence construction and cost sharing between neighbors. Magistrates Court has jurisdiction for disputes. Covers sufficient fences and contribution obligations.
Tree Disputes (Common Law)
WA relies on common law for tree disputes. Self-help remedy allows cutting of overhanging branches. SAT can hear some tree matters in context of other disputes.
Environmental Protection Act 1986
Noise regulations under Environmental Protection (Noise) Regulations 1997. Comprehensive noise control framework with different standards for different areas.
Dog Act 1976 / Cat Act 2011
Separate acts for dogs and cats. Local government enforcement of nuisance provisions, dangerous dog declarations, and cat control requirements.
Restraining Orders Act 1997
Violence Restraining Orders (VROs) and Misconduct Restraining Orders (MROs). Police or private applications to Magistrates Court.
Dispute Resolution
State Administrative Tribunal (SAT) handles various neighbor disputes including planning, strata, and some property matters.
Magistrates Court deals with fence disputes, restraining orders, and enforcement proceedings.
Resources
South Australia
Key Legislation
Fences Act 1975
Regulates dividing fences including construction, costs, and disputes. Magistrates Court or SACAT jurisdiction for fence disputes.
Tree Disputes (Common Law)
Common law principles apply. Property owners can remove overhanging branches and roots. No specific trees act but councils have tree preservation powers.
Environment Protection Act 1993
Noise control provisions including residential noise standards. EPA and council enforcement with Environment Protection (Noise) Policy.
Dog and Cat Management Act 1995
Comprehensive animal management including nuisance provisions, dangerous dogs, and cat control. Local council enforcement.
Intervention Orders (Prevention of Abuse) Act 2009
Intervention orders for protection from abuse, including neighbour harassment. Applications to Magistrates Court.
Dispute Resolution
South Australian Civil and Administrative Tribunal (SACAT) handles various neighbour matters including some property disputes.
Magistrates Court hears fence disputes, intervention orders, and enforcement matters.
Resources
Tasmania
Key Legislation
Boundary Fences Act 1908
Governs fence disputes including construction and cost sharing. Magistrates Court has jurisdiction for fence disputes between neighbors.
Neighborhood Disputes About Plants Act 2017
Comprehensive tree dispute legislation. Covers overhanging branches, root damage, fallen debris, and damage to property. Applications to Magistrates Court for orders.
Environmental Management and Pollution Control Act 1994
Noise regulation through Environmental Management and Pollution Control (Residential Noise) Regulations. EPA and council enforcement.
Dog Control Act 2000 / Cat Management Act 2009
Separate legislation for dogs and cats. Council enforcement of nuisance provisions, dangerous dog controls, and cat management.
Family Violence Act 2004
Family Violence Orders and Police Family Violence Orders. Magistrates Court jurisdiction for protection order applications.
Dispute Resolution
Tasmanian Civil and Administrative Tribunal (TasCAT) handles some property and planning disputes.
Magistrates Court deals with fence disputes, tree disputes, and family violence orders.
Resources
Australian Capital Territory
Key Legislation
Common Boundaries Act 1981
Governs dividing fence disputes including cost sharing and construction standards. ACAT has jurisdiction for fence disputes.
Tree Protection Act 2005
Protects certain trees and regulates tree removal. Permits required for protected trees. Does not specifically address neighbor tree disputes beyond protection provisions.
Environment Protection Act 1997
Noise control provisions including residential noise standards. Environment Protection Regulation enforcement.
Domestic Animals Act 2000
Regulates dogs and cats including nuisance provisions. ACT Government enforcement through rangers.
Family Violence Act 2016
Protection orders for family violence and personal violence situations. Applications to ACT Magistrates Court.
Dispute Resolution
ACT Civil and Administrative Tribunal (ACAT) handles fence disputes, planning matters, and various property disputes.
Magistrates Court deals with protection orders and enforcement proceedings.
Resources
Northern Territory
Key Legislation
Fences Act 1972
Regulates dividing fences including construction and cost sharing between adjoining owners. Local Court has jurisdiction for fence disputes.
Tree Disputes (Common Law)
Common law principles apply to tree disputes. No specific trees act but councils have tree protection powers in planning schemes.
Noise control falls under various local council by-laws and planning regulations rather than territory-wide legislation.
Animal Welfare Act 1999
General animal welfare provisions. Local council by-laws regulate nuisance animals, barking dogs, and animal control.
Domestic and Family Violence Act 2007
Domestic Violence Orders for protection from violence, including personal violence situations. Applications to Local Court.
Dispute Resolution
Northern Territory Civil and Administrative Tribunal (NTCAT) handles various administrative and civil disputes.
Local Court deals with fence disputes, protection orders, and enforcement matters.
Resources
💡 Always Check Current Legislation
Laws change regularly. Before taking action, verify the current legislation on your state or territory's parliamentary website or consult Legal Aid for the most up-to-date information specific to your situation.
Common Tribunal Application Process
While specifics vary, most state and territory tribunals follow a similar process:
Attempt Resolution
Most tribunals require evidence you've tried to resolve the dispute directly or through mediation before accepting applications.
Lodge Application
Complete tribunal application forms with supporting evidence. Fees typically $50-200 depending on claim type and jurisdiction.
Serve Documents
You must serve copies of your application on other parties. Tribunal provides specific instructions on proper service methods.
Pre-Hearing Procedures
Exchange of documents, witness statements, and evidence. Parties may be required to attend mediation or conference before hearing.
Hearing
Informal proceedings where both sides present evidence and arguments. Tribunal members ask questions and may inspect properties.
Orders and Enforcement
Tribunal issues binding orders. Non-compliance can result in fines or court enforcement proceedings.