At the preliminary trees conference, the presiding Commissioner or Registrar will give directions for a timetable leading up to the final hearing of the Tree Application.

Set out below are all of the directions which maybe made (the ones which are made, in each case, will be "ticked" and the others crossed out). Where necessary, relevant dates for the timetable will be filled in by the presiding Commissioner or Registrar.

A written copy of the directions will be given to each of the parties after the preliminary conference.

If the owner of a tree or the Council does not take part in the preliminary conference, it will be the responsibility of the applicant to make sure that the owner of the tree or the Council receives a copy of the directions.

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES Matter No: 2……….of 200…….







…………………		…………………		…………… Council
Applicant		Owner of the tree		Council



Trees (Disputes Between Neighbours) Act 2006
DIRECTIONS

The directions of the Court are:
Schedule A

[blanks will be completed at the preliminary hearing; relevant directions ticked and those not needed will be crossed out].

□	1 Time and place of final hearing (a) The matter is fixed for an on-site hearing/a court hearing commencing on site on [date]……………………..at ……………………. am/pm. (b) The hearing will continue in Court at [location] ………………………………………………. at ………. am/pm;
□	2 Notice of appearance The applicant’s legal representative/respondent’s legal representative/respondent is to lodge a Notice of Appearance with the Court and give a copy to the respondent/applicant, by 4.30pm on ……………………………
□	3 Service of directions (a) The applicant is to serve a copy of these directions on the respondent and on the local council by 4.30 pm on ……………………………; (b) The applicant is to serve a copy of these directions on the Heritage Council of NSW by 4.30 pm on ……………………………;
□	4 Proof of service The applicant is to file with the Court a statutory declaration or an affidavit of service demonstrating service of the tree application and/or compliance with direction 3 for service of directions by 4.30 pm on ……………………………;
□	5 Issue of subpoenas to produce documents Leave is granted to all parties to issue subpoenas to produce documents by not later than ……………………………with such subpoenas to be returnable before the Court not later than ……………………………;
□	6 Applicant’s evidence The applicant is to file with the Court and serve a copy on the respondent, the local council and the Heritage Council of NSW, by 4.30pm on ……………………………, any further statements, reports, affidavits, photographs or any other documents upon which the applicant intends to rely at the hearing; Note: When an application is made for an order to prevent injury to any person and the “injury” is an illness, allergy or similar medical condition, specific supplementary directions [see Schedule B] will be made concerning evidence in such cases.
□	7 For all Part 2 claims seeking orders for compensation for damage to property or orders to rectify damage to property, the applicant’s documents provided pursuant to direction 6 are to provide details of: when and how the damage was brought to the attention of the respondent including copies of any correspondence (if this information has not been provided as part of the application); and the basis of any amount claimed for past damage (including all relevant receipts and/or invoices) and any quotations for proposed works which the applicant requests the Court to require to be undertaken (whether such proposed works are to the applicant’s property or to the property where the tree is located);
□	8 In addition to the deadline in direction 6 for the applicant to provide further material, the applicant may file with the Court and serve a copy on the respondent, the local council and the Heritage Council of NSW, by 4.30pm on ……………………………, any documents produced in response to a subpoena, on which the applicant intends to rely at the hearing;
□	9 Respondent’s evidence and alternative orders 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 statements, reports, affidavits, photographs or any other documents (including subpoenaed documents) upon which the respondent intends to rely at the hearing;
□	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;
□	11 Local council’s evidence The local council is to file with the Court and to serve on the applicant, the respondent and the Heritage Council of NSW, by 4.30 pm on ……………………………, any statements, reports, affidavits, photographs or any other documents upon which the local council intends to rely at the hearing;
□	12 Heritage Council’s evidence The Heritage Council of NSW is to file with the Court and serve on the applicant, the respondent and the local council, by 4.30 pm on ……………………………, any statements, reports, affidavits, photographs or any other documents upon which the Heritage Council intends to rely at the hearing;
□	13 Access for inspections The parties are to permit access to their property by the other party and the legal representatives and expert advisors of the other party, the local council or the Heritage Council of NSW, provided that access is on reasonable notice (given to the party’s legal representative or, if the party does not have a legal representative, direct to the party) and at a reasonable time. The parties are permitted to supervise any such access;
□	14 Expert evidence (a) Any expert giving written or oral evidence on behalf of a party, the local council or the Heritage Council of NSW is to be advised that: 1. Any expert engaged to give opinion evidence in these proceedings has an overriding duty to assist the Court impartially on matters relevant to the expert's area of expertise; 2. Such expert witness's paramount duty is to the Court and not to the person retaining the expert; and 3. Such expert witness is not an advocate for the party who has engaged that expert; (b) Any written expert evidence is to include acknowledgement that the expert has read and agrees to be bound by the Expert Witness Code of Conduct in Schedule 7 of the Uniform Civil Procedure Rules 2005.
□	15 Witnesses required for cross-examination If a party, the local council or the Heritage Council of NSW requires any expert or any other witness for cross-examination, notice is to be given at least 5 working days before the final hearing.
□	16 Liberty to re-list Each party has liberty to re-list the matter before the Court on two days notice to the other party, the Court, the local council and the Heritage Council of NSW.

……………………………….
Commissioner of the Court/Registrar