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22 November 2018: Land and Environment Court news

The Practice Note – Class 2 Tree Applications dated 13 May 2014 has been replaced with a new Practice Note that adds a paragraph to direction 10 of the Usual Directions found inSchedule A.  Direction 10 now reads:

“10. The respondent is to file with the Court and serve a copy on the applicant, the local council and the Heritage Council of NSW, by 4.30pm on ……………………………, any order pursuant to s 9 and/or s 14D of the Trees (Disputes Between Neighbours) Act 2006 or pursuant to s 13A of the Dividing Fences Act 1991 which the respondent proposes as an alternative to or in addition to the orders sought by the applicant. If the respondent wishes to retain the tree, the respondent’s proposed order should include any solution to prevent the tree causing damage to the applicant’s property, including any engineering or construction solution, which would enable the tree to be retained;” 

The new Practice Note commences on 1 December 2018.


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