Neighbourhood Disputes & Your Finances - Seeing red
Autumn normally conjures up images of cool mornings and sunny afternoons, punctuated by a kaleidoscope of colour with the swirl of falling leaves.
But the realities of leaf litter and troublesome, overhanging tree branches tend to taint the romantic imagery. They may even turn affable neighbours into bickering adversaries. So it’s worth thinking about the potential hazards and how to handle them.
Trees and garden growth are not just an issue in autumn. All year round neighbours remonstrate against roots damage to pipes and pathways, uncontained weeds, tree damage to property and the nuisance of plant debris.
The simplest way to avoid a serious dispute is to talk to your neighbour about any problems you may have with your adjoining properties. Together you can acknowledge the issues, identify what is needed, discuss who will pay and decide when actions should take place. You can even consult your local council if you need clarification on property responsibilities or advice on appropriate remedies.
In the event that you cannot reach agreement on the treatment of an issue, the Dispute Settlement Centre of Victoria will give you advice on mediation, including ideas and methods of communication and negotiation. If the situation becomes more serious, and you think you have a potential legal claim against your neighbour, you can seek low-cost legal advice from Victorian Legal Aid, a Community Legal Centre, or through the Law Institute of Victoria’s Legal Referral Service.
But keeping neighbourhood peace might be the least of your worries if you are dealing with a post-Christmas debt hangover. Autumn seems to be the time when many of us are taking stock and finding our feet for the New Year; reassessing and renewing savings plans for the future and, for some of us, facing the reality of our Christmas consumption.
Consumer debt has become a huge issue in today’s cashless society, where borrowing and credit is a way of life. The Christmas and New Year period tends to drive spending, with a recklessness that does not come without ramification. When the party is over, our impetuousness needs to promptly give way to rational thinking about how to best regain control of our budget.
Consider how much you owe, who you owe, the repayment options available to you and your obligations under agreements you may have made. Also, know your rights when dealing with credit providers and debt collectors so that your debts don’t cause you undue stress. It is usually more beneficial to contact your creditors direct if you are experiencing difficulty in meeting repayment obligations. That way, you can discuss any extenuating circumstances and possibly negotiate a more favourable repayment schedule. Staying silent and ignoring a debt will only result in getting a creditor offside, making them more likely to resort to formal steps to recover money owed.
Knowing where to get help when things go wrong is just as important. Consumer Affairs Victoria is a good place to start. Free legal advice on issues of consumer credit and debt is also available from the Consumer Credit Legal Service (CCLS), which advocates on behalf of consumers on consumer protection issues, law reform, and unfair industry practices.
So, whether you’re sweeping leaves or paying off your credit card, the only red you need to see this autumn is in the trees.
More information
From the LIV Bookshop
Domestic Building Disputes in Victoria, R Andrews $29.95;
Alternative Dispute Resolution, Tania Sourdin $80;
Consumer Debt Recovery Law, Weule & Brading $38.50
Useful web links
For guidance on dispute resolution visit: www.justice.vic.gov.au
For information on handling credit and debt visit: www.consumer.vic.gov.au
Disclaimer:The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Ms Eleanor Coates or Sam Marash of our office.
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