Is the law really an ass?

Yes Fred, I knew it was tongue in cheek but it did prompt me to look up the penalties for disobeying.


Ian, my intention was not well put. What I aim to do get this info - if others are willing to share - and present it when the case comes to a hearing.
Deep pockets for legal eagles are not, unfortunately, part of my armory.


I fought a debt case in QCAT and won but that was a different matter as I had all the bills and receipts, plus supporting statements from others.
While it involved a lot of running around on my part and a lot of detailed preparation it was not determined on finer points of law or matters of legal opinion.

As you have already taken the step of getting a determination from QCAT, you are bound by their rules. Therefore the wait until January. If you had taken it upon yourself to trim back the branches to the boundary, the only person you would have needed to consult would be your wife.

And to answer your original question, yes, the law really is an ass. And councils and state governments take the stupidity to a whole new level...

What would happen if the tree were to ....die... in the mean time?

Sudden, unexpected and very sad.

Quote:

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Originally Posted by Evanism

What would happen if the tree were to ....die... in the mean time?

Sudden, unexpected and very sad.

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Autopsy :rolleyes:


Regards
Paul

Quote:

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Originally Posted by Evanism

What would happen if the tree were to ....die... in the mean time?

Sudden, unexpected and very sad.

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Got some friends who have a problem with a tree on a block they're planning to build on. I asked them the same question and, apparently, if the tree were to mysteriously die (and council could show that there was foul play) they would still have to build like it was there for 12 months afterwards.

Don't know how local councils are in QLD (sounds like they suck as much as everywhere else), but I'm guessing they could go after you for something.

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Originally Posted by elanjacobs

"and council could show that there was foul play"

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And to show that they would really need to have a conviction recorded against you in a court of law, or itwould not be enforcible, although it might be still a lengthy process to prevent them illegally stopping you....

Well, went to see a pro-bono solicitor last night.

She advised that since I started out doing "the right thing" then I have basically snookered myself when it comes to taking unilateral action.

The solicitor did say . however, that the fact that QCAT has seen fit to send a rep. for an onsite conference is a good thing.

I am to look up the laws on trespass and some other area that I can't remember ( :doh: didn't take a note :doh:).

Apparently trespass laws can apply in these situations. The law is one thing and can be used as a means of defeating regulations, which is what QCAT
is all about.

God it's hot. Everything is soooo dry.

Since we can't "trim" the tree, what would happen should it "catch fire"....say, just on your side?

Quote:

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Originally Posted by Evanism

God it's hot. Everything is soooo dry.

Since we can't "trim" the tree, what would happen should it "catch fire"....say, just on your side?

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Im no legal eagle, but at a guess Evanism, I reckon you would find out that the law isn't a complete joke. Whatever you do, don't pick up the soap in your new residence.

Trees do not spontaneously combust. What you are suggesting sounds more like a signal fire and it won't take long for someone to fine/find you.

Quote:

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Originally Posted by Evanism

God it's hot. Everything is soooo dry.

Since we can't "trim" the tree, what would happen should it "catch fire"....say, just on your side?

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Any progress with this?

Just curious.

We have had a compulsory meeting with an ädjudicator/member from QCAT.

The neighbours finally agreed to remove the tre but only after my wife suggested we pay half the cost!!

I was annoyed by the whole process. The neighbour carried out a character assassination in order to justify his stand.
He also lied and uttered statements that were based based on speculation and supposition. Our approach has been to
stick to facts backed up by evidence. We had, days prior to the meeting, requested friends to go over our statement and
they had suggested some revisions because they considered parts were bordering an character assassination. I was
dumbfounded when the member did not make any comment on the neighbour's approach.

The letter from QCAT setting up the meeting clearly stated that no other appointments should be made by the parties
for the time set down for the meeting. The member said such meetings normally took 3-4 hours. An hour and a half into
the meeting the neighbour said he had to go to work!!. We now have another meeting on 4th March with the member
of QCAT saying he would consult with the head of the tribunal to see if the verbal agreement we reached was
satisfactory!!

I fthings go our way we are up for 1/2 the cost of removal, if not the thing goes to a full hearing in Brisbane and who
knows what will happen.

No matter what the outcome I am considering writing to the tribunal and outlining my reasons for being displeased with the whole process.

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Originally Posted by artme

We have had a compulsory meeting with an ädjudicator/member from QCAT.

The neighbours finally agreed to remove the tre but only after my wife suggested we pay half the cost!!
.
.
.
.

No matter what the outcome I am considering writing to the tribunal and outlining my reasons for being displeased with the whole process.

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If I could suggest, say nothing, do nothing until all is done and dusted ie tree gone and hopefully your neighbour's contribution paid.

You need to continue to be calm, reasonable and fair until you get your resolution, any comments, letters or complaints re the process you make before you get what you want can really only cloud the issue and could possibly "paint" you as being the unreasonable person and could jeopardise the outcome you desire.

Just a thought.

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Originally Posted by Bob38S

If I could suggest, say nothing, do nothing until all is done and dusted ie tree gone and hopefully your neighbour's contribution paid.

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+1 Don't tick off the person who could give you remedy to the situation prior to the determination.