VIC Retaining wall and natural lay of the land

[Gidgette]

We are in metropolitan Melbourne, Victoria and in dispute with our neighbour over a retaining wall that is giving way.
I initially went to the local council who were not interested and could not help with this.
Then I went to the dispute settlement centre as there is a fence sitting on top of the retaining wall and they that advised the responsibility of the retaining wall is dependent on excavation. They also referred me to the government land website that shows the natural lay and contours of the land requires a retaining wall between the two properties, therefore it is our understanding (and theirs) that it is the responsibility of both parties to pay and maintain the wall.
The wall is giving way and the new neighbour had agreed to share the cost and has now retracted this and wants us to pay for it all.
There is no definitive legislation anywhere on this and the bodies of bureaucracy do not speak with each other.
Can anyone give me any real advice on this? Or refer me to the law handbook regarding the natural lay of the land - I have read it once but can't find it again.
Thanks.

 

[Tripe]

Covered many times, on this forum.

cost worked out on who benefits from a sloped surface that is cut and filled.

you may need to engage a lawyer and undertake core samples to understand where the previous natural surfaces is and how each lot owner benefits.

things can get complicated, where the retainingwall is not on the true boundary line.