Just wondering : Is the Disputes Tribunal able to hear hear cases regarding disputes with council ?
As i understand they are not able to hear cases regarding:
My situation is a retaining wall that sits on the boundary of my property and the council reserve. Council agreed to contribute to the fence that sits on top of the retaining wall but not the retaining wall itself.
Their argument is that the previous owner most probably built up the back garden therefore creating the need for the retaining wall. My argument is that the evidence is inconclusive and arguments for and against run both ways, therefore they should contribute.
The amount of claim I am seeking falls within the allowed maximums, around 50% x 14k.
In part i raised this question because in some Australian states ""retaining wall "" matters are not able to be heard in the Disputes Tribunal and instead have to be heard in the High Court.
One legal source i spoke with today was unsure if any Council disputes get heard in Disputes Tribunal and suggested perhaps the Ombudsman would be a possibility.
Anyone have any knowledge regarding the best avenue for this ?
As i understand they are not able to hear cases regarding:
- disputes about rates or taxes
- disputes about the ownership of land or rights of way
My situation is a retaining wall that sits on the boundary of my property and the council reserve. Council agreed to contribute to the fence that sits on top of the retaining wall but not the retaining wall itself.
Their argument is that the previous owner most probably built up the back garden therefore creating the need for the retaining wall. My argument is that the evidence is inconclusive and arguments for and against run both ways, therefore they should contribute.
The amount of claim I am seeking falls within the allowed maximums, around 50% x 14k.
In part i raised this question because in some Australian states ""retaining wall "" matters are not able to be heard in the Disputes Tribunal and instead have to be heard in the High Court.
One legal source i spoke with today was unsure if any Council disputes get heard in Disputes Tribunal and suggested perhaps the Ombudsman would be a possibility.
Anyone have any knowledge regarding the best avenue for this ?
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