So what does one do when your neighbour doesn't want to chip in for a new fence?

I was referring to how you could "force" a neighbour to pay half when they're not bothered with the way it is, or have no $'s etc.

Even if you didn't get along with them you wouldn't just go ahead and do it without some form of communication, permission to enter, give them a chance to get there side sorted out re pets, hiding the mully plants etc.
Also consideration to anything they have on their side they likely won't be happy about if it gets damaged, plants in garden bed etc. It all gunna get dug up & trampled on.

 

In WA, you do not need an agreement if you want to erect the fence entirely at your own expense, and forego any right to a contribution under the Act. The fence you erect must still be a ‘sufficient fence’.

In Qld, you can't do this. You must get agreement. If you can't, you have to go to QCAT to get a finding that legally binding on both parties.

Obviously, the best approach is to talk, negotiate and reach agreement. But if you can't, your next steps depends on the State you live in.

 

in wa one cannot just go ahead and erect a dividing fence without the neighbours consent and participation.0ne neighbour did try but failed after a sit in/on the dividing fence line.police were called to remove neighbour but failed to do so.the fence went ahead but on neighbours side of dividing fenceline.this action set a precedent in fencing law in most aussie states.one in qld is making the same mistake in reparing a dividing fence without consultation.

 

Call out a fencing contractor, they will not only quote you for the replacement (aka, NEW fence) but will also be full of usefull information to get the job done (they want the job and deal with these issue's all the time ).

It is likely a matter of serving "notice to fence" on the neighbor, this way after a set period the contractor can errect a new fence and then chase the neighbor for the balance !

Anything that varies from what was existing would be at the cost of the party wanting the change (unless both agree).

Take heaps of pic's anyway and document the conversations with the neighbor also.