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The Great Waverley Tree Tax explained

Disclaimer

By entering this site via any page you explicitly understand that you are not receiving legal advice that is directed at your specific circumstances and you explicitly agree that you will not rely upon any material on this website for the purposes of pursuing any legal claim against a council or any other person. This website contains analyis of case law and legal policy ie it does not amount to engaging in legal practice for the purposes of section 6 of the Legal Profession Uniform Law (NSW). However, because the relevant case law and legislation have been considered you are welcome to provide it to a legal practitioner to assist them in any action they may want to pursue on your instructions in the appropriate jurisdiction. If that saves you money even better. If you are a “gifted amateur” and want to pursue your own case in the NSW Small Claims Court, for instance, you do so at your own risk. However, I explain the financial consquences of failure so you can make an informed decision. District and Supreme Court legal actions will require you to get proper legal advice because of all the technical rules surrounding evidence and pleading.

With all those caveats, sit back and read just how weak a Council’s position is in relation to damage caused by its trees. All the case law and legislation is referenced to assist your own lawyer in making these Councils properly accountable for the damage their trees cause.

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