Tree Dispute Information - Land & Environment Court : Lawlink NSW

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Tree Dispute Information Introduction On 2 February 2007, the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) came into effect. The Trees Act was reviewed in 2009 and amended by the Trees (Dispute Between Neighbours) Amendment Act 2010. Information on the review and 2010 amendments can be viewed through this link - Review and 2010 amendments. This part of the Court’s website is designed to provide material to assist making applications under this Act. It also provides reference material which will assist applicants, tree owners and Councils understand how the Court deals with such applications. Information materials Trees Act - Notes and FAQs Service of Documents - A guide for Self-Represented Litigants Guide to Subpoenas Enforcement of Orders under the Trees Act Annotated Trees Act. Whilst this annotated version of the Act does not constitute legal advice or any guarantee as to how a particular dispute will be decided on its merits, it provides a comprehensive, plain English explanation of how the Court has applied this legislation since commencement of its operation. Court materials Trees Act - Application forms Court fees Practice Note - Class 2 Tree Applications Dates for future preliminary hearings Where preliminary hearings will be held (by local government area of location of the tree property) Standard Directions to be given at preliminary hearings Decisions in Trees Act cases The Court provides a collection of all Trees Act decisions in five categories to assist understanding of how the Court has reached its conclusions on various types of applications. Each of the decisions reflects the facts and circumstances of the application. Each new application will also be determined on the facts and circumstances of that application. The five categories are accessed by the following links: Decisions involving applications under Part 2 – Damage to property or injury to persons Decisions involving applications under Part 2A – High hedges All Trees Act decisions by local government area and sorted by year Tree Dispute Principles published by the Court Guidance decisions about the Act and the Court's jurisdiction Trees and other legislation Trees (Disputes Between Neighbours) Act 2006 Annotated Trees Act. Whilst this annotated version of the Act does not constitute legal advice or any guarantee as to how a particular dispute will be decided on its merits, it provides a comprehensive, plain English explanation of how the Court has applied this legislation since commencement of its operation. Trees (Disputes Between Neighbours) Amendment Act 2010 Trees (Disputes Between Neighbours) Regulation 2007 Limitation Act 1969 Dividing Fences Act 1991 Court legislation Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Reference materials 2009 review of and 2010 amendments to the Trees Act Link to the Review of the Trees (Disputes between Neighbours) Act 2006 Following consideration of the review, the Parliament amended the Trees Act in May 2010 by passing of the Trees (Disputes Between Neighbours) Amendment Act 2010. The Attorney-General introduced the legislation to the Parliament – link to speech. External Commentary This link accesses papers and articles by third parties on the Trees Act that may be of interest* * *Disclaimer:* These links are provided for the purposes of information only, and the information contained therein should not be understood as representing the views or position of the Court on any matter.

Last updated: 25 June 2012