

David Galwey
Managing Director | Tree Dimensions
Tuesday | 12:30pm | ARB Stream
TALK TITLE
Uncommon law
BIO
David Galwey is an Acting Commissioner of the NSW Land and Environment Court, where he hears proceedings under the Trees (Disputes Between Neighbours) Act 2006 and the Environmental Planning and Assessment Act 1979. David is also the managing director of Tree Dimensions, an arboricultural consultancy based in Melbourne.
ABSTRACT
When we consider the plethora of laws around other things that matter to us, the number of laws relating to trees is relatively small. This remains so even in 2025, while urban forest policies abound. We have relied on common law to handle many tree issues but, while they may remain uncommon, laws that consider trees have been entering legislation.
Laws and policies can work for or against trees. Take, for example, the NSW Trees (Disputes Between Neighbours) Act 2006. As its long title (An Act to provide for proceedings in the Land and Environment Court for the resolution of disputes between neighbours concerning trees; and for other purposes) suggests, the Trees Act is perhaps more about people than trees. Yet in an area traditionally addressed under common law, the Trees Act requires the Court to consider the benefits that trees provide. Other jurisdictions are also developing laws that require greater consideration of trees and their benefits.