1. Before you apply to QCAT
QCAT has created a checklist to assist you before you apply. The checklist sets out all the key information you need to consider before you make an application to QCAT. This is so you do not miss steps in the process. The checklist is attached below and allows you to tick each box as you go through the tree dispute application steps.
Application checklist – tree dispute resolution
Before you make an application for a tree dispute, you will also need to:
- consider the above information to understand if the tree dispute falls within QCAT’s jurisdiction
- complete the tree dispute checklist when you make your application to QCAT
- understand the potential costs and other factors involved in making an application to QCAT for a tree dispute
- correctly name the property owners of the neighbouring properties in the dispute ensuring you provide the full names of each party as listed on the property titles (IMPORTANT: if you do not correctly name the parties you may not be able to enforce the orders at the end of the process. To confirm correct property owners, you can conduct a title search through Titles Queensland here)
- in the application form you will be asked to draw a diagram of the trees in dispute. Draw the trees and land involved in the dispute with clearly labelled property details. If suitable provide clear photos and plans to support your drawing. QCAT must be satisfied that the land of the tree keeper is adjacent (as defined by the law) to the land owned by the applicant affected neighbour and providing an accurate drawing will assist the QCAT decision-maker to determine this.
2. If your application is urgent
If you believe your application is urgent and wish to have an order made before the final hearing, you can apply to QCAT for an ‘interim order’.
An interim order is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final decision of QCAT can be effective.
You must ensure you clearly set out in your application why an interim order should be granted with supporting evidence. The relevant interim order application form is attached below for you to use.
If you decide to make an interim application, you must ensure a copy of the interim application is provided to the other parties.
3. Complete and lodge this form
To make an application for a tree dispute, complete and lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
Form 51 - Application for a tree dispute – Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
The purpose of this form is to make an application about a disagreement between neighbours related to a tree or trees on adjoining properties.
Form 41 - Application for interim order
The purpose of this form is to an make an application for interim order.
4. How to lodge your application
When filing an application for a tree dispute, you are required to file the application and supporting material along with three copies and extra copies as required in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
Your application is not filed until it is sealed by QCAT (i.e. stamp it with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you to give to the other party. You can also keep a copy for your personal records.
5. Giving your application to the other parties
You are required to give a copy of your application and supporting material to all parties named in the application (such as the tree-keeper respondent) within seven days of receiving the sealed application or as otherwise directed by QCAT.
At least 21 days before the application is to be heard, you must also give a copy of a tree dispute application to:
- a government authority, if the work you are requesting needs the consent or authorisation of that government authority
- any other person who might be affected by an order
- an occupier of the respondent’s land
- the registered owner of the land, if they are not also the respondent or occupier
Visit this page for further information on service requirements.
To prove you have given your application to the other parties, the applicant must complete the affidavit of service for each party and provide a copy to QCAT. You do not need to provide a copy to the other party.
Form 9 - Affidavit of service
The purpose of this form is to prove your application has been served on all other parties. This form must be witnessed by a Justice of the Peace.
6. What happens next?
Find out what happens after you apply.