When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

 

[MariaG]

Go figure.
The tree was not on private property. If a neighbour's tree fell and damaged Council property you can bet your posterior council would be onto them like a dose of hot salts. Also, if the owners of the house took things into their own hands and decided to cut or prune the tree themselves, council would be on the doorstep with a fine for carrying our unapproved work. It's like a rat in a wheel.
I can't believe this is something that Council's insurance cannot cover. I feel so sorry for these people. How on earth can they be expected to foot the bill for such a thing.
I have had a few dealings with councils over the years, some ok, some horrific. In the end, we are dealing with people who have egos the size of a bowling ball and common sense brains the size of a peanut. For reasons unknown, some council people behave like they rule the city. They don't. They should be working for us, or at least, with us.

 

[anouch]

we moved to an area where council had put blackwood trees in at distances to beautify the landscope,,now we all know these trees can grow mighty big,,,out mowing one day my other half saw roots creeping their way towards our foundation and through-out the lawn,,the neighbour had fine cracks in their home,,,we asked if they would mind if we contacted council ,,of course they didn't,,,,it also hindered reversing from their driveway ...council came and looked and decided to take it down disclaiming the roots were heading to our foundation..so I say if any council puts large trees in to supposedly beautify the landscape then a big yes from me,,they are responsible for any damage from those trees

 

[MissMos]

When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

View attachment 36746

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

View attachment 36747

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

I had the same issue when I lived in Templestowe. Council took no notice and after the big dry where we were not allowed to water our gardens the roots of the tree came up over the law ! And cracking my brick wall. Joke that I had to pay for everything

 

[BJM]

When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

View attachment 36746

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

View attachment 36747

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

My daughter had a similar experience- tree on the footpath fell during a storm. Took out their new colourbond fence and new clothes line but narrowly missed the room of their house where their daughter was sleeping. Council failed to come to the party for the damages. I sold this house to my daughter and I found some communication between myself and council regarding this tree in which council had written that it was an Australian native- wrong. It was a leopard tree which would grow to be top heavy with a shallow root system and to a height of about 40 foot +. I gave this information to my daughters insurance company and they took Council to task and won. You see in this letter Council said this was councils policy to plant only Australian Natives

 

[Quattrocchi]

When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

View attachment 36746

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

View attachment 36747

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

Gum trees are not an appropriate tree to be situated in densely populated residential areas. The trees grow by shedding their enormous limbs over time - this is a danger to humans as well as property. The roots of these trees extend in a radius of the tree that is approx. 1.5 times its height! Information on this can be found on the CSIRO website. The fact that the adjoining owners expressed concern over a lengthy period of time and the tree was inspected by its staff or its contractor and yet the tree came down and caused damage, tells me that Council, despite its efforts and good intentions, is not getting this right. There should be a Council program in place to remove these trees and replace them with a more suitable specie of tree that will not break paths, kerb and channel, front fences of homes and in some cases undermine house foundations. Thank God nobody sustained a physical injury in this instance. Whitehorse Council is on notice - if it does not address these concerns in a meaningful way then it does so at its own peril - oh hang on, that means the ratepayers have to fund any adverse Court action!

 

[Catherines]

Coucil recently informed us that they would be planting a 'native 'tree that grows 30-40 metres high on the footpath in front of our house. I objected, in writing, that this tree would block the sun from giving us the necessary solar power which we paid heavily to instal. Council also stated that the tree is a nesting site for birds AND BATS. I have notified them that I am mortally afraid of birds and would never go out of my home if this tree was installed. So far all the acknowledgement I have received is a Reference Number for my correspondence. Well I can tell you, and my neighbour also says the same - that if this tree was installed it won't last long. We have told our Council in Brisbane that we're happy to have a small shrub growing there but not a 30-40 metre high tree. Besides goodness only knows how wide the tree would grow. We also have underground power and the only place council could plant this big tree is smack bang in the way of the power leaving the power open to root damage etc.

I do hope the couple in question in this article get on to their solicitors and win. Why do we have to put up with this nonsense? Our street is also so narrow that if there are cars parked on both sides it would be impossible for emergency vehicles to access a fire in the park down the road.

 

[purplepanda110]

I had the same problem with Whitehorse council. I was renting a unit. there is this big gum tree between the unit i was renting and next door. I was on good terms with the landlord. I told him about the gum tree. Saying its not safe ect. I had put in a request to the council and so did my landlord. They deniened roviming the tree , but said the tree could be pruned. a few months later a huge branch came down just as i walked inside my unit. It hit the corner of the unit. Luckily not damage was done to the unit, but i could been hurt or even killed. The council at the time still wouldnt give permission to chop it down.

 

[Julesmac]

I don't understand why the couple had to pay extra for a new car. Comprehensive cover is either for an agreed amount or market value (you're always better to go for agreed value!) & they would have been liable for any excess applicable to that policy - so yes that's an additional cost - let's say $1,000. Then there's an excess on their householder's insurance for which they are also responsible. So $2,000. Should they choose to buy a more expensive vehicle that's up to them. I guess they could apply to both insurers & ask them to go back to the council. It's their tree! Insurance is supposed to put you back in the same condition as you were before the accident. Unfortunately often the only time you become aware of deficiencies in your cover is when you make a claim - and discover what you're NOT covered for!

 

[Suzanne rose]

We had bottlebrush trees on our footpath which was planted by council in the 80s as they are robust trees.
Problem 20 years later was the roots went looking for water which they found in all our sewer pipes. Which then caused blockages. Bill was sent to council and took weeks to pay. They after may 10 more times council cut the bottle brush down.

As for a tree falling I actually heard that if your tree in your yard fell into a neighbours house and caused damage, you are not liable..figure that one

 

[kevinwoodtufftyke52@gmail]

When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

View attachment 36746

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

View attachment 36747

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

Who do councils represent? Ratepayers or under trained arborists. Councils should be accountable for the damage to any property by council assets!

 

[richmich.4422@gmail]

If the tree planted is a young one, there are numerous weed killers that will do the trick when sprayed very liberally over the foliage over several sprays on a daily basis. Usually one container will suffice. Cost of between $8-$10. Wham-o, you will soon see its demise. Try it. Good luck. I've done it.

 

[Veggiepatch]

If the tree planted is a young one, there are numerous weed killers that will do the trick when sprayed very liberally over the foliage over several sprays on a daily basis. Usually one container will suffice. Cost of between $8-$10. Wham-o, you will soon see its demise. Try it. Good luck. I've done it.

For larger trees, copper based nails work wonders near the base....

 

[Luckyus]

When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

View attachment 36746

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

View attachment 36747

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

When are these stupid PHJUKKING useless councils going to start realising that although the gum is an iconic national tree. There is no getting around that they without doubt the worst bloody tree to have in suburban environs, when I moved into my house many years ago, right in the by four fences was a gum which viewed from one angle looked perfect but from a different angle was completely rotten needless to say I no longer have a gum tree been replaced with fruit trees.

 

[Veggiepatch]

Local councils and trees are a bad mix, whether they are on council or private property. Case in point:-

In around 2000, after heavy rain and strong winds, a huge eucalypt smashed a house on a semi rural property on BTU Road, South Nowra. This resulted in the death of one Harold Timbs, the owner of the house. Mr Timbs had applied to Shoalhaven Regional Council for a tree removal order in the previous few years without success and the tree was on his property, no less than EIGHT times!

I casually knew Harold's daughter Karen or Kelly (?), as she was a checkout chick at Woolies on Kinghorne Street, Nowra. She was devastated and told me the above facts a few weeks later after her return to work. Apparently, legal action was instigated by the Timbs against Shoalhaven Regional Council but I am unaware of the result as I moved from the area in 2006. Time for more research!

 

[SGH]

Last Friday the local council finally decided to clean up a block of land behind our place. We had been telling them for months about the need for a fire break require between our property and theirs coming into the hot weather cycle in December. Particularly because we had not had much rainfall in the lead up months.
Somehow the councillors/contractors people managed to reverse into our fence and damage it.
Upon me discovering the damaged fence I contacted the local councillors and the local council about the damaged fence.
You know what annoys the crap out of me? A few days later I get phone calls and emails saying that we dont admit liability, however, you need to show proof, and submit two quotes for repairs.
How about the guy/girl who backed into my fence declare responsibility and go to the local hardware, buy a new panel and fix it, like it would have happened years ago without any bother.
But no, I am to go out of my way to obtain said quotes.
Why has all this become so hard, people no longer own up to their mistakes, local government wants to pin it on someone else. Get over people, deal with this at the basic level and it will cost less in the long run.

 

[Julesmac]

Last Friday the local council finally decided to clean up a block of land behind our place. We had been telling them for months about the need for a fire break require between our property and theirs coming into the hot weather cycle in December. Particularly because we had not had much rainfall in the lead up months.
Somehow the councillors/contractors people managed to reverse into our fence and damage it.
Upon me discovering the damaged fence I contacted the local councillors and the local council about the damaged fence.
You know what annoys the crap out of me? A few days later I get phone calls and emails saying that we dont admit liability, however, you need to show proof, and submit two quotes for repairs.
How about the guy/girl who backed into my fence declare responsibility and go to the local hardware, buy a new panel and fix it, like it would have happened years ago without any bother.
But no, I am to go out of my way to obtain said quotes.
Why has all this become so hard, people no longer own up to their mistakes, local government wants to pin it on someone else. Get over people, deal with this at the basic level and it will cost less in the long run.

Their first second and third instinct is to deny any culpability! I'm sure they come up with all these roadblocks so you'll get so frustrated you'll give up. I reckon toss round the word 'Liability' They are council employees and don't have to justify their time or actions. Um maybe that's why our rates are so high??

 

[Veggiepatch]

Local councils and trees are a bad mix, whether they are on council or private property. Case in point:-

In around 2000, after heavy rain and strong winds, a huge eucalypt smashed a house on a semi rural property on BTU Road, South Nowra. This resulted in the death of one Harold Timbs, the owner of the house. Mr Timbs had applied to Shoalhaven Regional Council for a tree removal order in the previous few years without success and the tree was on his property, no less than EIGHT times!

I casually knew Harold's daughter Karen or Kelly (?), as she was a checkout chick at Woolies on Kinghorne Street, Nowra. She was devastated and told me the above facts a few weeks later after her return to work. Apparently, legal action was instigated by the Timbs against Shoalhaven Regional Council but I am unaware of the result as I moved from the area in 2006. Time for more research!

My memory is more than sound. Here is a Sydney Morning Herald excerpt from a 6 November 2002 news article:-

Gordon Timbs knew they posed a threat to his family and property, and he wanted them removed.

So in July 1996 the 48-year-old sought permission from Shoalhaven City Council to cut them down. He was refused under the Tree Preservation Order. Eighteen months later, when a large branch fell on a vehicle, he repeated his concerns to the council. It again refused, saying the trees were "sound" and could not be removed.
Mr Timbs, a father-of-two, even threatened to take the matter into his own hands, telling a council officer that if he could not obtain permission he would just have to cut them down himself to protect his family. He was subsequently warned that if he did so he would be fined $2000 per tree.
Six months later during a storm one of the trees came down - on top of his house. Mr Timbs, who was asleep in his bed, was killed instantly.

 

[richmich.4422@gmail]

A little further comment to my previous post. Re councils planting gum trees in suburbia, it raises are couple of questions which need answering.

Q1. Is there a koala population in that particular suburb ?
Q2. Are the gums planted koala food trees ?

A well versed cliche, is, "Gum trees are called Widow Makers for good reason".

Maybe councils should be reminded of this situation. But, in many numerous situations with council, complete stupidity rules supreme.

 

[Luckyus]

When you've lived in the same house for over 50 years, you get to know every nook and cranny, every creak and groan, and every tree in your yard.

For Melbourne couple Rosemary and Ted McCormack, one tree in particular had become a source of constant worry.

Located beside the footpath in front of their East Burwood home, the tree had been causing problems for years, splintering and damaging their driveway.

The couple had repeatedly warned the Whitehorse City Council about the potential dangers of the tree, but their pleas fell on deaf ears.

Then, on December 7 last year, their worst fears were realised.

View attachment 36746

Rosemary and Ted McCormack faced a gruelling incident in their home. Credit: A Current Affair / Youtube

A powerful storm uprooted the tree, causing it to crash into their 2013 Hyundai Accent and damage parts of their home. The fallen tree also left live wires at their doorstep, effectively trapping them inside their own home.

‘We did say to Council, “Look, this will fall on our house one day,”’ Rosemary said.

While their insurer, AAMI, covered the cost of the written-off car, the McCormacks were left to foot the bill for a replacement vehicle and the $1000 home insurance excess.

Their daughter, Amanda, estimates that her parents are out of pocket by thousands of dollars.

‘They're probably out of pocket $12,000 by the time they've had to pay their excesses on their insurance, they've had to buy another car—they're pensioners,’ she said.

‘There'd be about half a dozen emails, and after that, I started ringing them because we weren't getting anywhere.’

In 2012, Rosemary sent an email to the Whitehorse City Council, saying, ‘This tree keeps dropping branches and the roots are cracking and lifting our driveway.’

A local mum also claimed that she told the council she was ‘most concerned about the amount of wood and sticks which flew off the gumtree, denting [her] car and also hitting [her] two young children’.

The McCormacks sent another email, describing that ‘small twigs and branches falling off the tree and hitting our windows, some with great force’.

‘Could we please have this tree removed?’ they asked.

View attachment 36747

The gumtree damaged the McCormacks’ car and home. Credit: A Current Affair / Youtube

The McCormacks' story raises important questions about local councils' responsibilities and homeowners' rights. Who is liable for the damage if a council-owned tree falls on private property?

According to lawyer Justin Lawrence from Henderson and Ball, the council may not necessarily be at fault.

'Council aren't liable just because the tree fell. But they might be liable if they've done something that contributed to the tree falling,' Lawrence explained.

‘If they agree with residents A and B and pay them out, they know that all the other residents will come to them for compensation as well, and they don't want that.’

Despite these warnings, the council maintained that the tree was in good health.

A spokesperson for the Whitehorse City Council stated that the tree had been inspected at least seven times over the years and was found to be healthy each time.

‘Whitehorse City Council has a programmed, two-yearly street tree inspection and pruning program, and responds to community requests which includes undertaking risk assessments.’

‘These inspections are by independent qualified arborists and Council's qualified inspecting arborist. The tree outside...Ballantyne Street, East Burwood was inspected at least seven times since 2012 following a 'request for inspection' or during routine checks of Council tree.’

'All inspections found the tree was healthy with good or fair structure. No obvious signs of ill health or structural defects were observed during any standard ground-based visual inspections of the tree,' the council spokesperson added.

The Council received a total of ‘15 requests for inspection of the tree since 2002’, and each inspection ‘resulted in works being allocated to a contractor or no works required,’ it concluded.

Watch the video below:

​

This case reminds homeowners to be vigilant and proactive in reporting any concerns to their local council. It also highlights the need for councils to take these reports seriously and promptly address potential risks.

In a similar story, residents in Sydney’s Inner West complained that the new system of collecting garbage can cause health and sanitary risks in their area. They also felt that there hadn’t been enough discussion with the community about these changes.

How did the local council respond? Read more about it here.

Key Takeaways

• A pensioner couple from Melbourne, who had repeatedly warned the local council about a dangerous tree, is now seeking compensation after it collapsed, damaging their car and home.
• The couple had contacted Whitehorse City Council multiple times regarding the tree's potential risks before it fell due to a storm in December last year.
• Their daughter, Amanda, is urging the council to cover the costs her parents incurred for a car replacement and the $1000 home insurance excess, bringing the total to around $12,000 out-of-pocket expenses.
• A Whitehorse City Council spokesperson said the tree had undergone regular inspections by qualified arborists and was found healthy on each occasion.

What are your thoughts on how the Council handled the issue? Have you had a similar experience with your council’s management? Share your stories and opinions in the comments below.

Reading all the adverse comments regarding these problems with council officials, well males specifically would make you wonder whether there's a commonality amongst male councillors at least of dare I say premature ejaculation? Reminds me of an old joke about this couple that couldn't agree on a present for their son. He wanted to buy him clothes and she wanted to buy him toys?. So they bought him a pair of trousers and cut the pockets out?.