From time to time, the Court will publish a decision, made under the
Trees (Disputes Between Neighbours) Act 2006, which contains a tree dispute principle.
The table on this page is intended to assist legal practitioners and others wishing to know about Land and Environment Court tree dispute principles. The lists of relevant cases will be updated on a regular and on-going basis and the latest Tree Dispute Principle to be issued by the Court will be highlighted in the
Latest News section on this website's Homepage.
A tree dispute principle is:
a decision concerning an application which has been made pursuant to
s 7 of the
Trees (Disputes Between Neighbours) Act 2006.
The Court will set out tree dispute principles, from time to time, when appropriate cases arise, to provide an understanding of how the Court has approached a particular aspect of such disputes.
While tree dispute principles are stated in general terms, they may be applied to particular cases to promote consistency. Tree dispute principles are not legally binding.
The tree was there first
Matters to be considered when determining who should pay for any works or removal of a tree
Black v Johnson (No 2)
 NSWLEC 513
Urban trees and ordinary maintenance issues
The dropping of leaves, flowers, fruit, seeds or small elements of deadwood by urban trees ordinarily will not provide the basis for ordering removal of or intervention with an urban tree.
Barker v Kyriakides
 NSWLEC 292