Neighbourhood Tree Disputes: Consultation Paper

Terms of reference

Matter initiated by the Commission pursuant to section 5(1)(b) of the Victorian Law Reform Commission Act 2000 (Vic) on 8 June 2017.

The Victorian Law Reform Commission will examine the current legal framework for resolving disputes between neighbours about trees on private neighbouring land that cause damage and/or harm (‘neighbourhood tree disputes’), and consider whether the law should be amended to provide just, effective and timely methods for resolution of neighbourhood tree disputes.

In conducting this review, the Commission will have particular regard to:

• recent legal developments in Australian and international jurisdictions, including the relevant statutory schemes in New South Wales and Queensland; and

• any alternative schemes for resolving neighbourhood tree disputes.

The Commission will not consider:

• disputes concerning trees situated on public land

• disputes concerning the obstruction of sunlight and views by neighbouring trees.

The Commission will report to the Attorney-General by 9 May 2019.