LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Practice Note Class 2 Tree Applications

The purpose of this practice note is to set out the process leading up to a final hearing of a tree application to ensure the just, quick and cheap resolution of tree applications.

Commencement
1. This practice note commences on 1 September 2008.

Application of Practice Note
2. This practice note applies to all applications under the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) in Class 2 of the Court’s jurisdiction.
3. Applications subject to this practice note are referred to as “tree applications”. This practice note is to be known as Practice Note – Class 2 Tree Applications.

New laws allowing the Land and Environment Court to hear tree disputes between neighbours will come into force next week, Justice Brian Preston, the court’s Chief Judge, announced today.

Justice Preston said the Trees (Disputes Between Neighbours) Act 2006 would give the court the power to achieve cost effective resolutions to tree disputes between neighbours in urban areas.  “In particular, the Act enables an owner of land to apply to the court for an order to remedy, restrain or prevent damage to the owner’s property, or to prevent injury, as a consequence of a tree situated on adjoining land,” Justice Preston said.

“The court will also be able to order compensation for damage already caused by a tree situated on adjoining land,” Justice Preston said.