The Act defines several key concepts that underpin its operation. A dividing fence is defined in section 3 as a fence that is either located on the common boundary of adjoining lands (whether or not it is continuous or runs the entire length) or is not on the common boundary but has the purpose of separating adjoining lands. The definition of fence itself is broad: it includes a structure, ditch, embankment, hedge or similar vegetative barrier that encloses or bounds land, plus any gate, cattle grid or apparatus necessary for its operation, and any foundation or support built solely for the fence. Expressly excluded are retaining walls and any wall that is part of a house, garage or other building. Fencing works means the construction, replacement, repair, demolition, removal or maintenance of the whole or part of a dividing fence; planting, replanting, repair or maintenance of a hedge or similar vegetative barrier that is the fence; and cleaning, deepening, enlargement, repair or alteration of a ditch or embankment that is the fence. Subsidiary works are defined in section 3 to include the design of a dividing fence, preparation or clearing of land, surveying and marking of the common boundary, obtaining approvals, and using temporary barriers.

A central concept is the sufficient dividing fence. Section 6(1) lists ten factors to which regard must be had in determining whether a fence is sufficient: the existing fence; the purposes for which the owners use or intend the land; reasonable privacy concerns; types of fences used in the locality; any council policy or code; relevant planning instruments; relevant building laws; any relevant agreements or covenants; duties under the Catchment and Land Protection Act 1994 to control pest animals; and the need for a fence given any existing waterway or obstruction on the common boundary. Importantly, section 6(2) provides that if different standards are required for different purposes, the sufficient dividing fence is the lesser standard. Section 6(3) contains a special rule: where agricultural land shares a boundary with residential land, the sufficient fence is the one that would be sufficient for agricultural lands , a provision that recognises the different functional needs of farming properties.

Owner is defined in section 4 and extends beyond the registered proprietor. It includes the registered proprietor of fee simple under the Transfer of Land Act 1958, a person empowered to execute a transfer, a person with an estate in fee simple in land not under that Act, the holder of a right to occupy a residence area under the Land Act 1958, and, for land alienated by lease or licence not captured elsewhere, the holder of that lease or licence. However, section 4(2) excludes certain persons: mining licence holders, yearly licence holders under Crown lands Acts, municipal councils and trustees in respect of land held for public parks or reserves (though note section 16(2) brings them back in for agreeing to fence lines where waterways or obstructions prevent building on the boundary), and traditional owner group entities holding fee simple under the Traditional Owner Settlement Act 2010. Where land is common property of an owners corporation, the owners corporation is taken to be the owner under section 4(3). A long-term tenant is defined in section 3 by reference to section 10(2)(a) and (b): a tenant whose lease has an unexpired term of five years or more but not more than ten years (50% liability), or more than ten years (100% liability).

Reasonable inquiries is defined in section 5 to include (but not be limited to) making inquiries of persons who occupy the adjoining land or nearby land about the owner’s whereabouts, and making inquiries of the municipal council where the land is located. The Act also defines adjoining land as land that shares a common boundary, agricultural land, commercial land, residential land, fencing notice, fencing notice agreement, urgent fencing notice, boundary survey notice, and authorised fencing works. These definitions structure the entire procedural and liability framework.

The Act primarily affects owners of adjoining parcels of land in Victoria. The definition of owner in section 4 is broad and includes registered proprietors, persons with an estate in fee simple, holders of certain Crown land leases or licences, and owners corporations where the land is common property. It expressly excludes mining licence holders, yearly Crown licence holders, municipal councils and trustees holding land for public parks or reserves, and traditional owner group entities holding fee simple under the Traditional Owner Settlement Act 2010. However, the exclusion of councils is qualified: section 16(2) provides that for the purpose of agreeing on a fence line other than the common boundary (because of a waterway or obstruction), the term owner includes a municipal council, trustee or other person or body in respect of land used for a public park or public reserve. This means a council may be a party to such an agreement even though it would otherwise be excluded from the general contribution liability.

Long-term tenants are also directly affected. Section 10 provides that a tenant is liable to contribute to fencing works if the lease has an unexpired term of five years or more. Where the unexpired term is five to ten years, the tenant is liable for 50% of the amount the owner is liable to contribute; where it exceeds ten years, the tenant is liable for the entire amount. But this liability arises only if the tenant is notified under section 15 and if the owner giving the fencing notice is seeking a contribution from the owner of the adjoining land (section 10(3)). Critically, section 10(4) excludes renters under residential rental agreements under the Residential Tenancies Act 1997, tenants under retail premises leases under the Retail Leases Act 2003, and tenants under a lease that already provides for contributions to fencing works. This means the long-term tenant provisions apply mainly to commercial and agricultural leases of significant duration.

Owners corporations are affected in two ways. First, under section 4(3), an owners corporation is taken to be the owner of common property for which it is responsible. Second, section 36 provides that the Act does not apply at all to adjoining lands if both are lots affected by the same owners corporation and its rules provide for contributions to fencing works between those lots, or if one is a lot and the other is common property for which the same owners corporation is responsible and the rules provide for contributions. This carves out a significant class of disputes from the Act’s operation where the owners corporation’s own rules already govern.

Municipal councils may be affected in a limited way: they can be required to disclose the name and address of an owner to a person making reasonable inquiries for the purpose of giving a fencing notice, under section 14(2). The Crown is generally not affected: section 31 provides that the Act does not apply to unalienated Crown lands, and the Crown, the Governor, and public officers are not liable to contribute. However, section 30H creates a specific recovery mechanism: if an owner fences against unalienated Crown land and later the land is acquired, the new owner may be required to contribute half the value of the existing fence. This is a narrow exception.

The Act imposes several key duties on owners and, in some cases, long-term tenants. The primary duty is the obligation under section 7(1) and (2) to contribute in equal proportions to a sufficient dividing fence, whether constructing a new fence or upgrading an existing one. This duty is not absolute , owners may agree otherwise (section 7(3)) and the contribution may be reapportioned by the Magistrates’ Court (section 30C(1)(g)). An owner who damages or destroys a dividing fence by a negligent or deliberate act (including during land development) is liable for the entire cost of repair or replacement under section 9(1). The note to section 9(1) gives examples such as creepers, piling soil against a fence, or attaching clotheslines. Where a fence is damaged or destroyed in the course of authorised fencing works, the general liability does not apply (section 9(2)).

Before undertaking any fencing works, an owner must comply with the procedural duties in Part 3. Section 12(1) prohibits any fencing works or subsidiary works unless they are carried out in accordance with a fencing notice agreement, an order of the Magistrates’ Court, otherwise in accordance with the Act, or another agreement between the owners. If an owner carries out works that do not fall within these categories, the adjoining owner may file a complaint in the Magistrates’ Court seeking an order under section 30C (section 12(2)). The owner proposing works must give a fencing notice under section 13 containing specified information: the date, name and contact details of the notifying owner, a statement that it is a section 13 notice, the boundary line (or an alternative line if there is a waterway or obstruction), the type of works, contact details of any person to be engaged, an estimate and proposed contribution if a contribution is required, and a statement about the Dispute Settlement Centre of Victoria. Certain failures to include information do not invalidate the notice (section 13(4)). If the owner does not know the whereabouts of the adjoining owner, the owner must make reasonable inquiries under section 14, and the council may disclose name and address for that purpose.

Where a long-term tenant may be liable, additional duties arise. The notifying owner must give a copy of the fencing notice to the long-term tenant and a separate notice seeking agreement and estimating the contribution, under section 15(1). The adjoining owner receiving a fencing notice must do the same if they wish to recover from their own long-term tenant (section 15(2)). These notices must be given on the same day as the fencing notice (for the notifying owner) or as soon as practicable (for the adjoining owner). Failure to notify the long-term tenant means the tenant is not liable (section 10(3)(a)).

Owners have a right of access to adjoining land to carry out fencing works at any reasonable time, under section 33(1). This right extends to employees or agents (section 33(2)). However, the right is not unfettered , it can be limited by an order of the court specifying times and dates (section 30C(1)(i)).

If a common boundary is not agreed, an owner may give a boundary survey notice under section 28. The other owner may respond by agreeing, specifying a different position, or engaging their own licensed surveyor (section 29). The survey costs are shared equally unless the survey defines the boundary in the same position as specified by the responding owner, in which case that owner is not liable (section 30A(2)). The giving of a boundary survey notice suspends the 30-day periods for responding to the fencing notice until the boundary is agreed or surveyed (section 30B).

The Fences Act 1968 does not create criminal offences for failing to contribute to fencing works. Instead, enforcement is achieved through civil proceedings in the Magistrates’ Court, which has wide powers under Part 4. The primary enforcement mechanism is the ability of an owner or long-term tenant to file a complaint seeking an order under section 30C (for owners) or section 30D (for long-term tenants). The court may make orders on a wide range of matters: the line on which works are to be carried out, whether a fence is required, the nature of the fence, who is to carry out the works, liability to contribute, apportionment of costs, and even compensation for loss of occupation of land arising from the fence placement (section 30C(1)(j)). The court may also order an owner to cease activity that is unreasonably damaging or may unreasonably damage a dividing fence (section 30C(1)(k)).

Where an adjoining owner defaults on a fencing notice agreement or a court order, section 30F provides a remedy. The other owner may carry out the works themselves and recover the amount the defaulting owner was liable to pay, or simply recover that amount without doing the works (section 30F(1)(a) and (b)). The time for compliance is as specified in the agreement or order, or if none, within three months after the making of the agreement or order (section 30F(1)).

For long-term tenants who fail to comply, section 30G allows the owner to recover the contribution directly from the tenant if the tenant fails to comply within the specified time or within three months. This recovery right arises under the agreement or order.

Proceedings cannot be brought for recovery of costs on the grounds of non-compliance with an agreement or order unless there has been a substantial failure to comply, under section 30I. This is an important limitation: minor or technical breaches will not give rise to a right to recover costs.

If an owner commences works under section 19 (because the adjoining owner did not respond or cannot be located), the owner may recover contributions by filing a complaint under section 21. The court may make an order in the absence of the adjoining owner if reasonable inquiries have been made (section 30C(5)). However, if the order is made in the owner’s absence, that owner has 30 days after service to seek a further order if they consider the first order inequitable (section 21(3)).

The Act also provides for recovery of contributions from a long-term tenant who did not respond under section 20; the notifying owner or adjoining owner may file a complaint under section 22.

In disputes involving adverse possession, section 30E allows a person who owns land that is the subject of a fencing complaint to file a separate complaint claiming title by possession to part of the adjoining land where fencing works are to be carried out. The Magistrates’ Court may make an order about who is entitled to title by possession. However, section 30E(3) preserves the operation of the Limitation of Actions Act 1958, the Transfer of Land Act 1958, and any other law relating to adverse possession. This means the court’s order does not override those statutory regimes but may be used as part of a broader claim.

The general limitation period for recovering money under the Act is not specified in the Act itself, but the court’s usual civil jurisdiction would apply. There is no provision for interest or costs in the Act, though the court may likely award costs under its general powers.

Section 34 is the key provision preserving other legal frameworks. It provides that nothing in the Act affects a contract or agreement (other than an agreement under the Act) made between owners of adjoining lands, or between an owner and a tenant; a covenant that affects the adjoining lands; a law about retaining walls or rights of support for land; or the operation of any other Act. This means common law rights, contractual fencing obligations, and easements of support are not displaced. For example, if a neighbour has a contractual right to a particular type of fence, that right continues.

The Act interacts significantly with the Residential Tenancies Act 1997 and the Retail Leases Act 2003. Section 10(4)(a) and (b) expressly exclude tenants under residential rental agreements and retail premises leases from the long-term tenant contribution provisions. This means the fence-sharing obligations under the Fences Act do not apply to those tenants; instead, the respective Acts govern fencing responsibilities. Section 23(2)(a) and (b) similarly provide that the urgent fencing works provisions are subject to those Acts’ urgent repair provisions.

The Act interacts with the Catchment and Land Protection Act 1994 through section 6(1)(i), which requires regard to be had to duties to control pest animals when determining whether a fence is sufficient. This is particularly relevant for rural properties where a vermin-proof fence may be necessary.

The Transfer of Land Act 1958 is referenced in the definition of owner (section 4(1)(a) and (b)), in the definition of Registrar (section 3), and in section 30E(3) regarding adverse possession. An adverse possession claim under that Act is preserved, and the court’s order under section 30E does not replace the need to apply to the Registrar for a vesting order.

The Surveying Act 2004 is referenced in the definition of licensed surveyor (section 3), and survey procedures in Division 3 of Part 3 rely on licensed surveyors.

The Electronic Transactions (Victoria) Act 2000 applies to notices under the Act as noted in section 37(1) note 2, meaning electronic service may be valid.

The Interpretation of Legislation Act 1984 applies to service of documents by post (section 49(1) , see note 1 to section 37(1)), and also validates forms in or to the like effect of prescribed forms (section 53, noted after section 13).

The Act does not apply to unalienated Crown lands except for the specific recovery provision in section 30H (section 31). This prevents the Crown from being required to contribute to fences against Crown land, but allows a future owner who acquires the land to be liable.

Owners corporations have their own framework. As discussed, section 36 excludes the Act where owners corporation rules provide for fencing contributions between lots or between a lot and common property. Also, section 4(3) makes the owners corporation the owner of common property. This means that if an owners corporation does not have rules covering fencing, the Act will apply to disputes between the owners corporation (as owner of common property) and adjoining owners or other lots.

The Limitation of Actions Act 1958 is preserved by section 30E(3), so the usual time limits for adverse possession claims apply.

Finally, the Act preserves laws about retaining walls and rights of support (section 34(c)), which are important because fences are often adjacent to retaining walls. The exclusion of retaining walls from the definition of fence in section 3(b)(i) confirms that the Act does not govern retaining wall disputes.

The Fences Act 1968 was originally assented to on 2 December 1968 and commenced on 1 March 1969 (see Endnote 1). It has been amended multiple times, but the most significant reform was the Fences Amendment Act 2014 (No. 30/2014), which received assent on 15 April 2014 and commenced on 22 September 2014 (Special Gazette No. 317 of 16 September 2014). This amendment replaced the entire structure of the Act: it inserted new Parts 2, 3, and 4, new sections, and repealed many old provisions. Section 39 contains transitional provisions: the Act as in force before the 2014 amendment continues to apply to construction and repair of fences begun before the commencement (section 39(1)), to notices given, proceedings commenced, or orders made before the amendment (section 39(2)), and to contracts or agreements made before the amendment (section 39(3)). After the commencement, the new Act applies to fencing works begun on or after that day (section 39(4)).

Earlier amendments include: the Justices (Amendment) Act 1969 (No. 7876) which made minor changes; the Statute Law Revision Act 1977 (No. 9019); the Penalties and Sentences Act 1981 (No. 9554) which adjusted penalty references; the Statute Law Revision (Repeals) Act 1982 (No. 9863); the Transport Act 1983 (No. 9921); the Penalties and Sentences (Amendment) Act 1983 (No. 9945); the Statute Law Revision Act 1984 (No. 10087); the Courts Amendment Act 1986 (No. 16); the Conservation, Forests and Lands Act 1987 (No. 41); the Local Government (Consequential Provisions) Act 1989 (No. 12); the Transport (Amendment) Act 1989 (No. 44); the Magistrates’ Court (Consequential Amendments) Act 1989 (No. 57); the Water (Consequential Amendments) Act 1989 (No. 81); the Mineral Resources Development Act 1990 (No. 92); the Catchment and Land Protection Act 1994 (No. 52); the Rail Corporations (Amendment) Act 1997 (No. 104); the Public Sector Reform (Miscellaneous Amendments) Act 1998 (No. 46); the Statute Law Revision Act 2000 (No. 74); the Road Management Act 2004 (No. 12); the Mineral Resources Development (Sustainable Development) Act 2006 (No. 63); the Transport Integration Act 2010 (No. 6); and the Residential Tenancies Amendment Act 2018 (No. 45), which amended section 10(4)(a) to replace ‘tenant’ with ‘renter’ and brought in the updated Residential Tenancies Act reference, commencing 29 March 2021. The Local Government Act 2020 (No. 9) amended the definition of municipal council in section 3, commencing 6 April 2020.

The current version is Version No. 072, incorporating amendments as at 29 March 2021. No amendments not in operation were noted in the table.

The Act itself does not cite any case law, but it establishes the Magistrates’ Court as the primary forum for resolving fencing disputes. The court’s jurisdiction under the Act is broad: section 30C(1) empowers it to make orders covering virtually every aspect of a fencing dispute, including the line on which works are to be carried out, the nature of the fence, liability, apportionment of costs, and even compensation for loss of occupation of land. The court can also deal with adverse possession claims that arise out of fencing disputes under section 30E. This is a notable feature: the court may determine who is entitled to title by possession of part of the adjoining land where fencing works are to be carried out. However, section 30E(3) expressly preserves the Limitation of Actions Act 1958, the Transfer of Land Act 1958, and any other law relating to adverse possession, so the court’s order is not the final word , the successful party must also apply to the Registrar under the Transfer of Land Act for a vesting order.

The court can make orders in the absence of an adjoining owner if that owner cannot be located after reasonable inquiries (section 30C(5)). But the absent owner has a right to challenge the order within 30 days of service if they consider it inequitable (section 21(3)). The court also has power to order that an owner cease activity that unreasonably damages a dividing fence (section 30C(1)(k)).

For long-term tenants, the court’s jurisdiction under section 30D is more limited: the court may make orders on the same types of matters as for owners, but only those listed in section 30C(1)(c), (d), (e), (f), (g), (h), (i) or (k). Notably, a long-term tenant cannot seek compensation for loss of occupation or an order about the fence line (paragraphs (a), (b) and (j) are excluded). This reflects the tenant’s more limited interest in the land.

The Act does not provide for appeals on the merits; a party aggrieved by a Magistrates’ Court order would need to rely on the general appeal provisions of the Magistrates’ Court Act 1989, likely on a question of law. There is no mention of the Victorian Civil and Administrative Tribunal (VCAT) having jurisdiction under this Act. The Dispute Settlement Centre of Victoria is mentioned in section 13(3)(i) and (4) , a fencing notice must state that either owner may seek assistance from the DSCV, but failure to include this does not invalidate the notice. The DSCV is a mediation service, not a tribunal, so its involvement is voluntary.

The Act does not create any statutory limitation period for bringing a complaint; however, the Limitation of Actions Act 1958 would generally apply to debt recovery claims. The court would proceed under its civil jurisdiction. No specific examples of litigation outcomes are given in the Act, but the provisions show that the court has wide discretion to determine what is equitable in the circumstances.

Practitioners should be alert to several traps in the Fences Act 1968. The most significant is section 12: an owner must not undertake any fencing works unless they fall within one of the four authorised categories , a fencing notice agreement, a court order, other compliance with the Act, or another agreement between the owners. If an owner builds a new fence without following the statutory procedure, the adjoining owner can file a complaint under section 12(2) and the court may make an order undoing the works or reapportioning costs. This makes pre-emptive fencing risky.

The requirement in section 30I that proceedings for recovery of costs based on non-compliance with an agreement or order can only be brought if there was a substantial failure to comply is a trap for the unwary. A minor breach , such as building the fence a few centimetres off the agreed line or completing works a day late , may not support a claim. The Act does not define ‘substantial’, leaving it to judicial interpretation, but the provision clearly discourages litigation over trivial departures.

Another trap concerns long-term tenants. The tenant’s liability under section 10 is contingent on proper notification under section 15. If the owner fails to give the tenant a copy of the fencing notice and the required notice within the specified timeframe, the tenant has no liability. Moreover, section 10(4)(c) excludes tenants under leases that provide for contributions to fencing works , even if the lease provision is minimal. Owners must check the lease before assuming a tenant can be required to contribute under the Act.

The Act does not apply to residential rental agreements or retail premises leases (section 10(4)(a) and (b)). Many landlords mistakenly rely on the Fences Act to recover costs from residential tenants, but the Residential Tenancies Act 1997 governs fencing obligations instead, typically imposing liability on the landlord.

Owners corporations are another area of confusion. Section 36 provides that the Act does not apply to adjoining lands if both are lots affected by the same owners corporation and its rules provide for contributions to fencing works. But if the rules are silent, the Act will apply. Practitioners should always check the owners corporation rules first. Also, where one lot adjoins common property, the owners corporation is taken to be the owner of the common property under section 4(3), so the fencing obligations fall on the corporation, not the individual lot owners.

Section 31 excludes unalienated Crown lands from the Act, but the exception in section 30H creates a potential liability for someone who later acquires Crown land that was previously fenced by an adjoining owner. The new owner may be required to contribute half the value of the existing fence if the original owner gives notice within six months of the acquisition. This is a hidden liability for purchasers of former Crown land.

The boundary survey provisions in Division 3 of Part 3 suspend the 30-day response periods for the fencing notice (section 30B). A party who receives a boundary survey notice should be aware that the clock stops until the boundary is agreed or surveyed. This can delay the whole fencing process significantly.

The rails and framing rules in section 32 are prescriptive and can be overlooked. If residential or commercial land adjoins land to which the public has access or over which there is a right of way, the rails and framing must face into the residential or commercial land. If residential land adjoins commercial land, the framing faces the residential side. In other cases, the default rule favours placing framing on the side least subject to weathering unless the fence is being replaced by a similar one, in which case they stay on the same side. These rules only apply if the owners have not agreed otherwise or the court has not ordered otherwise.

Finally, section 35 provides that if a fence is built off the common boundary due to a waterway or obstruction, the owner does not gain possessory rights over the land on which the fence sits, and title to the adjoining land is not affected. This prevents adverse possession claims arising from such off-boundary fences, but it could catch owners who assume they have acquired ownership of the strip of land between the fence and the true boundary.

Compliance with the Fences Act 1968 involves a structured process that depends on whether the owner is initiating works, responding to a notice, or dealing with an urgent situation. The first step is to determine whether the Act applies at all. Exclusions apply: unalienated Crown land (section 31), land where an owners corporation’s rules govern fencing (section 36), and lands where the adjoining owner is a traditional owner group entity (section 4(2)(d)). Also check if the adjoining land is a public park or reserve held by a council , that council is not an owner for contribution purposes (section 4(2)(c)), though it may still be a party to an agreement about fence line under section 16(2).

If the Act applies, the owner proposing works must identify the owner of the adjoining land. Whereabouts unknown: the owner must make reasonable inquiries as defined in section 5, including inquiring with the municipal council. If the owner cannot be found after reasonable inquiries, section 19(b) permits the owner to commence works without agreement, but recovery of contributions will require a court order under section 21(1).

The central compliance obligation is to give a fencing notice under section 13 before undertaking any works (section 12). The notice must be in writing and contain all information listed in section 13(3): date, name and contact details of notifying owner, statement that it is a section 13 notice, the proposed boundary line (or alternative line if waterway/obstruction), the type of works, contact details of any person engaged to do the work, an estimate of cost and proposed contribution proportions, and a statement about the Dispute Settlement Centre of Victoria. Some items are not mandatory , for example, failure to include the date, name, contact details of the contractor, or the DSCV statement does not invalidate the notice under section 13(4). But it is prudent to include all items to avoid disputes.

The fencing notice must be given to the owner of the adjoining land. If a long-term tenant of either owner may be liable (lease with unexpired term of 5 years or more), additional notices must be given under section 15 on the same day (if the notifying owner) or as soon as practicable (if the receiving owner). The notifying owner must also give the adjoining owner a written notice stating that there is a long-term tenant who is liable to contribute.

Once the fencing notice is given, the parties have 30 days to respond (section 17, 18). If the adjoining owner responds but agreement is not reached within 30 days, either owner may file a complaint in the Magistrates’ Court (section 17). If the adjoining owner does not respond within 30 days, the notifying owner may commence works under section 19(a) and later seek contributions via a court order.

If a boundary is disputed, the owner may give a boundary survey notice under section 28, but this must be done either after receiving or giving a fencing notice in respect of the same lands, or concurrently with giving a fencing notice (section 28(3)). The boundary survey process suspends the fencing notice timelines (section 30B). After the boundary is agreed or surveyed, the parties proceed with the fencing works process.

For urgent fencing works, section 23 allows an owner to carry out works without a fencing notice if the works are urgently needed, a dividing fence has been damaged or destroyed, and it is impracticable to give a fencing notice. After completing the works, the owner must give an urgent fencing notice under section 24 within a reasonable time. The recipient has 30 days to respond; if no response, the owner may seek a court order under section 26.

Once agreement or a court order is obtained, the works can proceed. Section 33 gives a right to enter the adjoining land at reasonable times. The rails and framing rules in section 32 must be followed unless the agreement or order specifies otherwise.

After the works are completed, if the other party does not pay their contribution, the owner may recover the amount by filing a complaint in the Magistrates’ Court under the relevant provision (section 21, 22, 30F, or 30G as applicable). Note the substantial failure requirement in section 30I , ensure compliance with the agreement or order is not merely technical.

Finally, all notices should be given in accordance with section 37. Personal delivery or post is acceptable. For corporations and incorporated associations, the proper address as defined must be used. If the owner’s address was obtained from the council, at least one copy must be sent to that address (section 37(4)). The Electronic Transactions (Victoria) Act 2000 applies, so email may be used if the recipient consents or if it is reasonable in the circumstances.