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Published byGriffin Kelly Modified over 8 years ago
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Inner City Legal Centre Neighbourhood disputes Peter Longfield 24 July 2014
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Acknowledgement of country
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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
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Legal services Legal information and referral Legal advice Strategic casework Community legal education Law reform and legal policy
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Neighbourhood disputes Dividing fences Trees and hedges APVOs Noise Private nuisance
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Dividing fences Dividing Fences Act 1991 (NSW) Community Justice Centre NSW Civil and Administrative Tribunal (NCAT) and Local Court
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Dividing fences – how to resolve problems Direct negotiations Negotiations through CJC Fencing Notice Fencing Order
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Principles – fencing work Dividing fence ‘Sufficient dividing fence’ Generally share the cost – but other principles impact on this
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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
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Fencing Notices and Fencing Orders Fencing Notice – particulars Fencing Orders – Local Court or NCAT; fees
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Trees and hedges Trees (Disputes Between Neighbours) Act 2006 (NSW) Negotiations through CJC Land and Environment Court (LEC)
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Trees – how to resolve problems Direct negotiations Negotiations through CJC Overhanging branches – process and costs Tree roots Other damage to property
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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
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Inner City Legal Centre 50 - 52 Darlinghurst Road KINGS CROSS NSW 2011 PO Box 25 POTTS POINT NSW 1335 Phone: 9332 1966 Fax: 9360 5941 Web: http://www.iclc.org.au
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