VIC Retaining wall dispute

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The Bran Dog

8 September 2020
I am the downhill neighbour, and uphill is an apartment block (their flat, concreted carpark backs on to my property). Obviously this would normally mean that I am responsible for the retaining wall.

BUT, any excavation that took place actually occurred 120+ years ago when my street (the whole street is ~80cms lower than our rear neighbours) was originally subdivided. Does this make a difference? Can I argue that the costs should be shared?