Tree disputes - At the final hearing
The final hearing will take place at the date and time fixed by the Registrar at the preliminary hearing. The date will usually be no more than 4 to 5 weeks after the preliminary hearing.
The final hearing will usually commence on-site where the tree or hedge is located. The meeting place will be given by the Registrar at the preliminary hearing. If the hearing is unable to be finalised on site or needs a further hearing date, the matter will continue as a court hearing at the Land and Environment Court at 225 Macquarie Street, Sydney or at an available, nearby Local Court courthouse .
The Court has prepared information on site hearings and inspections in the Site Inspections Policy.
The final hearing will usually be conducted by a commissioner of the Court who is an arborist. The commissioner is therefore able to use his or her knowledge and experience of arboriculture in determining the application concerning trees and hedges. A commissioner who is an arborist may not be required for applications which only seek compensation for damage caused by a tree.
The matters the Court has to consider and be satisfied about are specified in the Trees Act. They differ for applications concerning trees and applications concerning hedges. Guidance is provided in the Trees Act – Understanding the Law.
Further information is available on hearings.