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:



□	1. The matter is set down for hearing on site at ………. am/pm on …………………………………………………………..;
□	2. The applicant’s/tree owner’s legal representative is to lodge a Notice of Appearance with the Court and give a copy to the owner of the tree/ applicant, by 4.30pm on ………………..,
□	3. The applicant is to give a copy of these directions to the owner of the tree and to the council by 4.30 pm on …………..;
□	4. The applicant is to lodge a statutory declaration or other proof of service demonstrating compliance with direction (3) with the Court by 4.30 pm on …………;
□	5. The applicant is to lodge with the Court and give a copy to the owner of the tree and to the council, by 4.30pm on ……., any further statements, reports, affidavits, photographs or any other documents upon which the applicant intends to rely; (Note: When an application is made pursuant to s 10(2)(b) of the Act (the tree “is likely to cause injury”) and the “injury” is an illness, allergy or similar medical condition, specific supplementary directions will be made concerning evidence in such cases).
□	6. For compliance with Direction (5), for all claims for compensation for damage or claims for orders to rectify damage, the applicant is to provide details (including copies of any correspondence) of when and how the damage was brought to the attention of the owner of the tree (if this information has not been provided as part of the application).
□	7. The applicant’s documents are to detail 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 seeks that the Court orders be undertaken (whether such proposed works are to the applicant’s property or to the property where the tree is located);
□	8. Leave is granted to either party to issue subpoenas to produce with such subpoenas to be returnable not later than ……………;
□	9. In addition to the deadline in (5) to the applicant for providing further material, the applicant may lodge with the Court and give a copy to the owner of the tree and to the council, by 4.30pm on ……………….., any subpoenaed material upon which the applicant intends to rely;
□	10. The owner of the tree is also to lodge with the Court and give a copy to the applicant and to the council, by 4.30pm on ……….., any statements, reports, affidavits, photographs or any other documents (including subpoenaed documents) upon which the owner of the tree intends to rely;
□	11. The owner of the tree is also to lodge with the Court and give a copy to the applicant and to the council, by 4.30pm on ……………, any order pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 (including any alternative orders concerning amount of compensation or any works proposed by the applicant) which the owner of the tree proposes as an alternative to or in addition to the orders sought by the applicant;
□	12. The council is to lodge with the Court and is also to provide the applicant and the owner of the tree, by 4.30 pm on ……………., any statements, reports, affidavits, photographs or any other documents upon which the council intends to rely;
□	13. The parties are to permit access to their property to the representatives and expert advisors of the other party or the council provided that this 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 on behalf of the other party or the council;
□	14. Any expert giving written or oral evidence on behalf of a party or the council is to be advised that: 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; Such expert witness's paramount duty is to the Court and not to the person retaining the expert; and Such expert witness is not an advocate for the party who has engaged that expert; Any written expert evidence prepared after the date of these directions is to include acknowledgement of and agreement to be bound by Division 2 of Pt 31 of the Uniform Civil Procedure Rules and the Expert Witness Code of Conduct in Schedule 7 of the Uniform Civil Procedure Rules; and
□	15. Liberty to re-list on two days notice to the other party, the Court and the Council.




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