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Most people know what it's like to be kept awake at night listening to the loud music and raucous voices of partygoers next door.
But for Jessica*, a mother of two and an inner-city apartment resident, parties are an all too common occurrence in her Sydney neighbourhood.
Her neighbour often rents out their property for large-scale commercial parties and weddings in summer.
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"He has live bands, the street gets littered with smashed glass and red cups. The noise is out of control," she says.
When she moved into her property nearly a decade ago, she didn't mind the odd party.
But now that she and her partner have young children, things are more difficult. Sometimes they have to stay with family over the weekend to get a good night's rest.
"My daughter was crying because she couldn't sleep, and she was like 'why won't these people go home'?"
"We took [the neighbour] to council as he isn't zoned for commercial parties. We called rangers and they couldn't shut the party down because they can't enter private property.
Despite not having commercial zoning and disrupting other neighbours, her neighbour still gets away with large events, because he says they are for family or friends. And because the music stops at midnight, the police don't shut them down.
When residential properties are used for commercial parties and events, it can be more difficult to hold organisers to account.
Jessica is so fed up she's considered legal options, but to no avail.
"He hired a barrister and council couldn't afford the resources to fight him. We are stuck with his noise and parties," she says.
So, what are your rights in neighbourhood disputes when it comes to excessive noise?
Cinzia Donald, who is a partner with Perth's Lavan Lawyers, has been involved in a number of court cases involving noise complaints.
"Everyone has the right to use and enjoy their property without that right being materially and unreasonably being interfered with," she tells ABC RN's Law Report.
Yet when things get out of hand, she says it's better to start with an amicable conversation before a dispute gets escalated to court.
"If people are having ongoing parties and things of that nature, then some people might find the need to call the local police," she says.
"But if it's that general, day-to-day generation of noise that's causing frustration, often the first best step might be to have a conversation with the neighbour and see if you can actually work out a solution yourselves."
Sometimes neighbours aren't aware of the impact that noise has on others.
But if the neighbour is reluctant to help, there are other options, including contacting the local shire or council.
"Quite often they're the people who come in and measure the noise and see whether or not it's in breach of the noise regulations," she says.
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"And if it is, then they will often take steps to work with the neighbours and try and reach a resolution."
Look at your local government websites to see if they offer that service, she says.
"And if that doesn't work, the next option could be to speak to a lawyer who might commence action, but that could come at a financial and emotional cost," she says.
Coming to a resolution through courts or a tribunal isn't straight forward either.
"For someone to succeed in a legal claim to prevent noise interference, they need to prove that the noise has had a material and unreasonable impact on them and their lifestyle," she explains.
"They are also required to demonstrate the steps they have taken to try and limit the impact of the noise."
She says it's important to remember that often these types of legal claims can take years to finalise and may result in significant legal costs that cannot be fully recovered, even where a claim succeeds.
Sometimes the noise isn't generated by a fellow resident in your apartment complex or neighbourhood, but by a local business.
Donald once acted on behalf of Perth's well-known Raffles Hotel after a local resident complained about the noise coming from the beer garden.
The resident said the noise interrupted his ability to read and watch TV, and that it frustrated him so much he had to wear noise cancelling headphones to sleep at night.
However, the court found that there wasn't a level of unreasonable and substantial interference with his rights, Donald says.
"If you're living next to a hotel, there is going to be some noise," she says.
The court found in favour of the hotel, which had been around for more than a 100 years, while the apartment block was built in the last two decades.
Michael, who lives in inner city Sydney, believes that entertainment districts ought to be protected, even if it means putting up with some excess noise.
"I live on a street in Kings Cross which contains multiple late-night venues and eateries, and it was this which attracted me to the area," he says.
"Obviously this means there will be unpredictable late-night crowds, noise, traffic, and music, but this is clearly the expectation when one moves into this street.
"To move here and expect the culture to adapt to you is at best naive and, at worst, obnoxious and entitled."
While councils can sometimes help with noisy neighbours, what happens when it's the local council that's responsible for the noise?
Donald says there was a Perth case where a man complained to the city council about their garbage trucks.
"Effectively [he] had been woken up at all hours of the night and morning because of the large garbage trucks collecting rubbish and causing really loud crashing noises that would wake him up," she says.
In that case, the court found that the city of Perth could have taken some extra measures to consider the residents. Consequently the council changed the rubbish collection times.
Spare a thought for those who don't do a typical nine-to-five job, Kings Cross resident Michael says.
"Those of us who work nights [such as] medical, entertainment, shift-workers, actually cop the worst of the noise during sleep-time.
"For example, 8am rubbish collection and daytime heavy construction. Yet we tolerate it without fuss and understand this is the price of inner-city living.
He quotes a line from the classic Australian film The Castle: "Competing rights cannot be weighed one against the other."
"Either we all have them or none of us have them. And I don't recall granting someone on my street the right to silence whenever they want it, and it is not one I expect granted to me," he says.
"I understand this isn't how the law works in regard to disruptive noise, but I also think legal intervention is an absolute last resort when common sense fails."
If you do start legal proceedings, be prepared for things to get very uncomfortable with the neighbours, Donald says.
And sometimes it's very difficult to mediate a dispute after that.
"That's why I'd really sort of encourage people if they've got this problem to … try and see whether or not they can resolve it without needing to go to that option of getting legal advice and commencing proceedings," she says.
*Names have been changed.
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Your information is being handled in accordance with the ABC Privacy Collection Statement.Posted Thu 17 Nov 2022 at 6:00pm Thursday 17 Nov 2022 at 6:00pm Thu 17 Nov 2022 at 6:00pm , updated Fri 18 Nov 2022 at 3:56am Friday 18 Nov 2022 at 3:56am Fri 18 Nov 2022 at 3:56am
