Banking & Finance

Over the past few weeks two constitutional challenges have been brought to the High Court of Australia in respect of the well-publicised border closures of several of the States in light of the COVID-19 pandemic.

The powers and limitations under each empowering legislation vary but the general concepts apply reasonably well across the board. For concision, we will limit this article to the powers of entry arising under the Local Government Act 1993.

If you find yourself in this situation, the first step is to talk to your neighbour first. Not only is this a good idea, but a Court will not make an order for access unless you can demonstrate that you have taken reasonable steps to resolve the matter amicably with your neighbour.

What do you do when your neighbour's hedge or fence is blocking your views and natural sunlight?

Do you know when a section 34 Agreement may be invalid?

The Court of Appeal has overturned a decision of the Land and Environment Court which significantly curtailed the scope of investigation using section 119J notices requiring information and records.

What can you do when your neighbour’s tree drops leaves in your yard or the roots are creeping ominously towards your plumbing?

Disputes over fences are common and, if not handled carefully can turn once friendly relations between neighbours into awkward silences, steely glares and hostile territory.