Inner City Legal Centre Neighbourhood disputes Peter Longfield 24 July 2014.

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Presentation transcript:

Inner City Legal Centre Neighbourhood disputes Peter Longfield 24 July 2014

Acknowledgement of country

Inner City Legal Centre Community Legal Centre in Kings Cross Inner city and eastern suburbs General legal service NSW statewide legal services: Gay and Lesbian Advice Service Transgender Advice Service Intersex Advice Service Sex worker Legal Service

Legal services Legal information and referral Legal advice Strategic casework Community legal education Law reform and legal policy

Neighbourhood disputes Dividing fences Trees and hedges APVOs Noise Private nuisance

Dividing fences Dividing Fences Act 1991 (NSW) Community Justice Centre NSW Civil and Administrative Tribunal (NCAT) and Local Court

Dividing fences – how to resolve problems Direct negotiations Negotiations through CJC Fencing Notice Fencing Order

Principles – fencing work Dividing fence ‘Sufficient dividing fence’ Generally share the cost – but other principles impact on this

Negotiations – CJC Approach mediation positively Focus on ‘needs’ rather than ‘positions’ Consider flexible solutions (eg agreement to pay by instalments) Document the Agreement Enforce the Agreement

Fencing Notices and Fencing Orders Fencing Notice – particulars Fencing Orders – Local Court or NCAT; fees

Trees and hedges Trees (Disputes Between Neighbours) Act 2006 (NSW) Negotiations through CJC Land and Environment Court (LEC)

Trees – how to resolve problems Direct negotiations Negotiations through CJC Overhanging branches – process and costs Tree roots Other damage to property

Tree orders - LEC Located in a ‘residential area’; and, Has caused, is causing or may cause damage: or Has caused or may cause injury to people Enforcement

Inner City Legal Centre Darlinghurst Road KINGS CROSS NSW 2011 PO Box 25 POTTS POINT NSW 1335 Phone: Fax: Web: