Land and Environment Court > Types of cases > Class 2: tree disputes and local government appeals

Class 2: tree disputes and local government appeals    

 

Proceedings in Class 2 include:

Leaf detail  

Proceedings under the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) involve applications to the Court to:

  • remedy, restrain or prevent damage or injury to any person as a consequence of a tree
  • prune or remove hedges severely obstructing sunlight to a window of a house or a view from a house.

Tree disputes are heard by a commissioner of the Court, usually with specialist knowldege and expertise in these matters.


The practice and procedure for tree disputes is described in the Practice Note Class 2 Tree Applications.

Practice and procedure for Miscellaneous appeals can be found in the Practice Note Classes 1, 2 and 3 Miscellaneous Appeals.

 

 

 

 

Fast facts                

 

In 2014, the number of Class 2 matters represented 10% of the Court’s finalised caseload. These were mostly applications under the Trees (Disputes Between Neighbours) Act 2006.

Of these finalised tree disputes matters in 2014:

  • 70% were applications concerning a tree causing damage to property or injury to a person
  • 30% were applications concerning a hedge severely obstructing sunlight or views.

In 2014, 98% of tree disputes were finalised within 6 months of commencement. The median completion time was 85 days.


In 2014, one party was self-represented in 75% of all tree dispute matters.


Both parties represented themselves in 69% of applications concerning a tree, and 46% of applications concerning a hedge.
In 2014, 28% of tree disputes were finalised by alternative dispute resolution processes and negotiated settlement, without the need for a court hearing.

 
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