Arborist Reports
QCAT Tree Disputes Brisbane
Queensland has a specific process for neighbour tree disputes. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 sets out what a tree keeper is responsible for, and the Queensland Civil and Administrative Tribunal — QCAT — is where it goes when neighbours cannot resolve it themselves.
We are arborists, not lawyers. What we provide is the independent assessment of the tree that the process runs on. For the legal questions, go to QCAT directly or get advice.
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Where an arborist fits in the process
A tribunal cannot see the tree. What it can weigh is an independent, qualified assessment of its condition, what it is doing and what would fix it — which is why an arborist report is so often what the outcome turns on. The report describes the tree and the options; it does not argue the case, and one that reads like advocacy is worth less, not more.
What we can help with:
How it usually goes
The order things happen in
Most disputes resolve well before a tribunal, and the earlier steps are much cheaper than the later ones.
Talk to the neighbour first
Obvious, frequently skipped, and by far the cheapest step. A surprising number of tree disputes are actually a disagreement about who pays.
Get the tree looked at independently
An assessment from someone with no stake in the argument often ends it, because it replaces two opinions with one qualified position.
Formal notice
The Act sets out a notice process for asking a tree keeper to deal with a problem. QCAT publishes the forms and the requirements.
QCAT application
If it is still unresolved, an application can be made. QCAT also maintains a register of trees that have been the subject of applications and orders.
The work gets done
Whatever is agreed or ordered still needs a crew to carry it out, which is the part we do every day.
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In a dispute about a tree?
An independent assessment is usually the fastest way through it.
An independent report beats two strong opinions
Tree disputes between neighbours run on assertion — it is dangerous, it is not, it is dropping on my roof, it always has. None of that is evidence. A qualified assessment converts the argument into something checkable: this is the species, this is its condition, this is what it is doing, and these are the options with their consequences. That is what a tribunal can act on, and it is also what most often makes a tribunal unnecessary.
Questions
QCAT Tree Disputes — Frequently Asked Questions
QCAT keeps a register relating to trees that have been the subject of applications and orders under the neighbourhood disputes legislation. It matters when buying property, because an order affecting a tree can carry across to a new owner. QCAT is the right place to check it.
Queensland law gives neighbours some rights over overhanging branches, but there are conditions, and council vegetation protections can still apply to the tree regardless of where the branches sit. Get the position confirmed before cutting rather than after — it is much harder to undo.
We provide independent assessments of the tree — condition, structure, what it is doing and what work would resolve it. What we do not do is give legal advice or argue the case; that is for QCAT and, if you need it, a lawyer.
That is exactly the question these disputes are usually about, and it is a legal one rather than an arboricultural one. The Act sets out tree keeper responsibilities, and QCAT can make orders about cost. We can tell you what the work involves and what it costs; who bears it is not ours to determine.
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Where we work
Reports across Brisbane and Moreton Bay
We write reports across Brisbane’s northern and inner suburbs and up through the Moreton Bay region to Caboolture — the same area we do the tree work in. Knowing the local councils and how they assess an application matters as much as knowing the tree.
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Tell us about the tree.
Three details and we’ll call you back — usually the same day.
No obligation. MON - SAT 6am - 5pm