Resolving dividing fence disputes with QCAT
If you own a property and are having a dispute with a neighbour over a dividing fence, you can get help from the Queensland Civil and Administrative Tribunal (QCAT) to resolve it.
Before problems become disputes
We strongly recommend that you to try to come to a friendly agreement with your neighbour to avoid a legal dispute and keep your neighbourly relations intact. Find out how to avoid problems turning into disputes .
The best way to avoid a legal dispute with your neighbour is to know your rights and responsibilities regarding fences on properties, and to talk to your neighbour about the issue with respect.
Get some advice on how to approach your neighbour about an issue.
Types of dividing fence disputes
There are 2 types of dividing fence disputes:
- minor civil disputes—about dividing fences
- minor civil disputes—about debt. If your dispute relates to recovering a debt for fencing work based on an agreed amount (up to $25,000), your dispute is a minor debt. Visit debt disputes for more information on the minor debt application process.
Making your application
To apply:
- complete Form 53—Application for minor civil dispute—dividing fences
- provide any supporting documents in their original form, or copies that have been witnessed by a justice of the peace, commissioner of declarations or a lawyer
- provide 2 copies of your application form and supporting documents (as well as the originals)
- pay the correct fee
- provide a stamped self-addressed A4 envelope.
Application fee
| Amount being claimed | Application fee |
|---|---|
| Less than $500, or none | $25.45 |
| More than $500, but not more than $1,000 | $65.40 |
| More than $1,000 but not more than $10,000 | $116.40 |
| More than $10,000 | $326.80 |
Lodging your application
You can lodge your application by post, or in person.
By post
Post your application to:
Queensland Civil and Administrative Tribunal (QCAT)
GPO Box 1639
BRISBANE QLD 4001
In person
Visit the Queensland Civil and Administrative Tribunal (QCAT) office to lodge your application.
Level 11
259 Queen Street
Brisbane QLD 4000
If you do not live in Brisbane, you can lodge your application at your local Magistrates Court.
How it works
Once QCAT gets your application and supporting documents, QCAT will return a copy stamped with the QCAT seal.
What happens next depends on your individual circumstances.
You may receive notice to attend:
- mediation
- a directions hearing
- a compulsory conference
- a hearing.
Learn more about neighbourhood mediation.
Further information
- Read more about making and lodging your QCAT application.
- Read our step-by-step guide to resolving tree and fence disputes before going to QCAT.
- Read more about avoiding fence disputes.
- Read examples of resolved dividing fence disputes.