‘Spent over $100k’: The costly fight over barking dogs that divided a local neighbourhood

Disputes over neighbourhood noise can quickly spiral into complex legal battles.

What began as complaints about everyday pet behaviour has since grown into a costly, drawn-out confrontation.

This is the story of one Melbourne man’s fight to protect his home and his dogs against persistent council action.


A Melbourne man faced a relentless legal battle after neighbours complained about his two Jack Russells barking at all hours.

Glenn Tong, a long-time resident of Hawthorn in Melbourne’s eastern suburbs, first became aware of the issues in 2017 when Boroondara Council began sending letters accusing his dogs, Marco and Mia, of disturbing other residents.

The council claimed the dogs were causing a nuisance by barking late at night and early in the morning, with complaints alleging noise at 2am.


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Melbourne man fights council over barking dogs. Source: GoFundMe/Glenn Tong


Tong shared: ‘There were three or four of these letters, and every single time I wrote back "Well, it’s not my dogs".’

He added: ‘They sleep with us under the doona in bed so if the dogs bark, my wife and I would wake up straight away, and we don’t like waking up at 2am.’

Despite his protests, the council continued its pursuit.

In October 2020, Tong was formally charged with two offences—one for each dog—alleging he allowed excessive barking, especially during early and late hours.

When contacted by Brett Melke, a canine law expert, Tong dismissed the accusations, saying: ‘This is a lot rubbish. It’s complete nonsense.’

After nearly four years, Tong finally appeared in the Melbourne Magistrates’ Court in February 2024 with Melke and his barrister Tass Antos.

However, the hearing did not go as planned when the magistrate refused to grant extra time for Tong’s team to present all their evidence.

Tong explained: ‘The magistrate was adamant that she would not give us the time that we asked for to present our evidence.’

He continued: ‘My legal team and I basically said, well if we can’t present all of our evidence here, we’re going to lose anyway, so we made the decision to not provide any.’


Consequently, Tong was found guilty and fined $2,310.

He was also ordered to walk his dogs daily and employ a professional trainer.

Despite the setback, Tong and his legal team lodged an appeal less than an hour after the verdict.

He estimated that he had already spent over $100,000 fighting the case and expected to spend an additional $55,000 to $60,000 on the upcoming hearing in the County Court of Victoria scheduled for November.

Tong expressed the high stakes involved, warning that not appealing could result in a removal order from the Victorian Civil and Administrative Tribunal (VCAT), forcing him, his wife, and their dogs from their home of 21 years.

‘My dogs are certainly not barking at those times and in those situations and I’m not going to plead guilty to it,’ he said.

He described a forced move as ‘disastrous’.


A spokesperson for the City of Boroondara acknowledged that excessive barking could be a nuisance and confirmed that complaints were investigated and acted upon when necessary.

They declined further comment, citing the ongoing court proceedings.

To help fund the legal costs, Tong launched a GoFundMe campaign for his upcoming case.

In a previous story, another Aussie dog owner found themselves at odds with local authorities after being slapped with an $806 fine.

The penalty sparked outrage, with the pet owner calling out what they believed was an unfair and confusing rule.

Read more about the incident and what led to the hefty fine.

Key Takeaways
  • A Melbourne man faced legal action over claims his two dogs barked excessively, disturbing neighbours.
  • He denied the allegations, stating his dogs slept with him and his wife and did not bark at night.
  • After a court ruling found him guilty and fined him, he appealed and plans to spend more on legal costs.
  • He warned a guilty verdict could force him and his family to leave their home after 21 years.

With such a long and costly fight over neighbourhood noise, do you believe councils are handling these disputes fairly? Let us know your thoughts in the comments.
 

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I had a similar problem. I am a little deaf, so tried to do something about the daytime barking, but was perplexed about the night time, as my dog slept on the floor beside me. The dogs were shut in from 5pm to 8am & were allowed out for their pre bed wee, with me with them. I would have known if he barked. The neighbours even reported that my dog was dangerous(he was a registered service dog & visited the hospital & hostel regularly) I had to have him put to sleep(health reasons he had cancer) & 4 months later I had a fine for his barking! Fortunately I still had the vet bill. It seems my poor boy was blameless - no apologies etc
 
It doesn't seem to me that the council,are doing very much to see if it his dogs that are barking. Why is the council not looking into what the man is saying that his dogs are in bed with him and his wife, I have three dogs two big 1 small they sleep with me in bed so,is it all that hard to believe they are telling the truth.
I think there is something more going on maybe the council is working on behalf of a third party who wants to buy the said house and need to remove the current tennet but one would think that after 21 years this problem would have come up before now. They can't just take the neighbours word with out studying the dogs night and day to find out if it was them barking unfair court case and unfair magistrate.
 
I know someone whose neighbour in a culdesac keeps claiming that their dogs are barking at night and claimed certain times specificically. The dogs are shut in at night and sleep in the bedroom. My friend has insomnia and often goes out side and star gazes whilst waiting to get tired. She has heard other dogs barking. There are dogs everywhere for a few blocks in just about every house.

They also claimed to council that my friend had a certain number of dogs over the limit. When the officer came to check they had the number they had permits for, in fact one only recently deceased, making it less.

The dogs cannot be seen from anywhere by others due to extensively high solid fences.

The complainers have a drone that is often seen flying over the property and other neighbours and thus they all being spied on. They have cameras set up to where cars are parked and front doors.
When they see a car has pulled up the complainers go out and check to see who it is.

One of the dates and times of complaints made, the family were interstate, with their dogs.

Apparently the neighbour has bullied others in the culdesac over the years to the point they have sold up and gone elsewhere. And my friend found out they were angry because my friends bought the house when it went on the market.

All the neighbours were asked about it all and my friend was cleared. Council has to investigate but they are happy with everything neighbour is doing.
 
If the dog owner was charged with a "REAL CRIME", he'd be given all the time in the world availed by the court, to present all the evidence for his defence which he could possibly muster. That would also include a couple of adjournments to prepare, procure, present to proceed.

What a complete & utter shambles by the decisions of the magistrate.
The costings can only be classified as "Outrageous" to the sense of Sheer Stupidity.
The "Beak" is a complete Jerk in any mans language. He's probably well passed retirement age. Maybe he's ready for the "Dementia" ward.
Go, Go, Go, the dog owner.
 
Is Mr Tong's family leaving on their own terms or being evicted. If they are being evicted, the property concerned must be a rental property otherwise a council has no jurisdiction as to evictions except in an exceptional circumstance.

Permission for eviction can only be only be achieved when an approved repossession order is issued by a financial institution.

The Boroondara Council is legally skating on thin ice with regard to circumstantial evidence and lack of a proper investigation on their part.
 

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