Dooley Blog

Following a number of recent horrific dog attacks noted in local and national papers, it is worth noting the requirements by law to keep a dog.

You must ensure:-

• your dog can be identified by microchip from 12 weeks of age or before a dog is sold to you
• your dog is registered from 6 months of age
• your dog wears a collar and tag
• your dog is prevented from escaping from your property
• when in a public place you dog must be under effective control by a competent person and is restrained by an adequate chain, cord or leash and that your dog is held or secured to that person
• your dog is not in a prohibited public place such as a children’s play area, recreation area, public bathing areas, school grounds, child care centres, shopping areas, wildflife protection areas or food preparation and consumption areas
• if you are the owner of a Greyhound (or other dogs listed in this category), that your dog is muzzled securely in such a manner that will prevent it biting any person or other animal when in public your dog is unable to attack, bite, harass or chase a person or another animal whether or not any injury is caused to the person or animal.
  
• Dogs which attack either a person or another animal may be secured or seized by an authorised officer at any time within 72 hours after an attack or bite

• your dog is not encouraged to attack or bite, harass or chase a person or animal (other than vermin), whether or not actual injury is caused

• you remove any dog faeces left in a public place and dispose of it correctly

You must ensure your dog is not:-

• a nuisance dog which is habitually at large, barks persistently in an unreasonable manner interfering with the peace or your neighbourhood,
• repeatedly at large and runs or chases any person, animal or vehicle
• endangering the health of any person or animal
• causing substantial damage to anything outside of the property on which it is normally kept

If your dog causes injury to a person or damage to personal property, you as the dog’s owner, are liable. This responsibility covers bodily injury to a person and damage to personal property of a person including clothing.

“Where the death of a person is caused by a dog wounding or attacking the person and the person would (had death not ensued) have been entitled under section 25 to recover damages from the owner of the dog in respect of bodily injury caused by the wounding or attack, the wounding or attack is, for the purposes of the Compensation to Relatives Act 1897, taken to be a wrongful act such as would (had death not ensued) have entitled the injured person to maintain an action against, and recover damages from, the owner of the dog in respect of that act.” (Law Society of NSW Companion Animals Act 1998 No 87)

As the owner of a dog which injures another animal, whether fatal or not, again liability rests with the owner.

If you are experiencing a problem with another person’s dog or you have been charged with an offence relating to your dog and would like to seek legal advice, call Dooley and Associates.

for more information: http://www.lawsociety.com.au/idc/groups/public/documents/internetyounglawyers/420246.pdf

We’ve all heard of friends and family that have had issues with neighbours around fencing the backyard. To try and avoid the similar disputes and problems it is recommended that you have a general understanding of fencing laws and also good communication with your neighbours.

Essentially, fences are a ‘joint-building project’ that require communication, and often negotiation between neighbours, who may have had nothing to do with each other previously. A fence not only provides a boundary between two properties, it can also assist to maintain privacy, ensure security and reduce noise between properties. You will often find that the two different neighbours will obtain different types of benefits from the same fence, and will also have different expectations around paying for a fence.

Under the Dividing Fences Act 1991 (NSW), “adjoining owners are liable to contribute in equal proportions to the carrying our of fencing work in respect of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.” This means that “an adjoining owner who desires to carry out fencing work involving a dividing fence of a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent to which it exceeds the standard for a sufficient dividing fence”. Disputes can often arise as to what constitutes “the standard for a sufficient dividing fence”. To avoid such disputes, however, many problems can be avoided if you take a flexible and fair approach in your discussions with your neighbours, and come to an agreement which you can both live with, prior to commencing work on any new fence.

If you are needing/wanting to replace an existing fence, you are best to start by obtaining a number of quotes from fencing contractors and then approaching your neighbour and having a sensible discussion about the options. Once you are able to decide how to proceed, it’s a good idea to record your agreement in writing, setting out details of the fence, the cost, how the costs will be shared and who is going to manage the project.

If you and your neighbour can't agree on how to resolve the issue, seek legal advice as to how to proceed further.