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.

 

[Lizzie17]

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.

It's funny isn't it when it's convenient for the councils to say the property on the footpath belongs to them, but ........... you have to maintain it. Well maybe we start charging the council for mowing the footpaths, maintaining the trees which they recommended that you plant to green up the area. I have just had an experience with our council here at the Gold Coast. I recently had my gardens removed and there were pavers lots of them. Contacting the council to see if the pavers could go into the skip bags they provided was informed YES. Well understatement of the year it took me hours removing the pavers from the skip and I lined them up against my fence. Putting in marketplace anyone wanting could come and take. Well roughly a week and the pavers were all gone. In the meantime, someone complained, and the council was notified, I was unaware. They arrived in September inspected, without my knowledge, then they arrived again in November and noticed my front fence had a few bricks cracked and that there were a few bricks poking out which have been like this for at least 15 years without going anywhere.
15the November I receive a "SHOW CAUSE' letter from the council informing me that the fence was unsafe, and I had till 20th December to repair it. Was there another way the council could have sent me a letter explaining, why a threatening letter. The person who inspected the premises had no engineering qualifications. This is also an invasion of privacy I SHOULD HAVE BEEN NOTIFIED they were inspecting my premises. The fence is my property, I wondered who the lovely person was who complained, DID THEY HAVE AN ENGINEERING DEGREE? Writing a letter with a few questions I get a lady from the council phoning me, no formal letter where they scared if they replied to my letter, they would be responsible for the cost. I have divots in my footpath caused by post person driving with a motor bike if someone falls over due to uneven surface who is responsible???? I am certainly not paying any repairs on the footpath this is council land and let them repair it. We should all charge the council for mowing the footpaths . this would be fun wouldn't it.

 

[Bridgit]

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.

These trees are known as Widow Makers for a reason and they should never be planted anywhere near buildings or public thoroughfares. Even in a rural area they are dangerous - some of ours are 150 feet high and we are always listening for cracking or creaking when we are working outdoors.

 

[MHM]

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.

The Council has responded with a clear statement that it acted on reports concerning the condition of the tree. It has arborists (tree experts) available to inspect the tree and report. Council's position is that its consultants reported that the tree was in "good to fair" condition, The complainant concedes that the tree fell during storm conditions. This is a common event along the east coast of Australia. The complainant's insurers, particularly the Home insurer must have agreed. The complainants received what is referred to as indemnity from their respective motor vehicle and Home insurers, less the excess applicable to their insurance. An excess is an amount which the insured and insurer agree that the insured will pay before the insurance "kicks-in". The purpose of that is for the insurance premium to be discounted.

On my reading of SDC's report it seems that the complainants' daughter is suggesting that the complainants suffered some uninsured losses, other than the excesses. There is no information to support that, which appears to me to be nothing more than a dutiful daughter's histrionics on behalf of her parents.

None of us, including Councils, are legally responsible for damage to third party property caused by forces of nature, ie storm conditions. The complainants referring the condition of the tree prior to the storm is an expression of their opinion. If there existed some expert opinion that pre-storm, the tree was susceptible to collapse in storm conditions, the status may be different.

Loss by fortuitous events is part and parcel of life. The complainants took prudent action to insure their property and received indemnity according to their insurance. Their out of pocket loss was minimised and they can be grateful for their own prudence. It is going too far for them ( and particularly, their daughter) to expect Council to pay them (and presumably, their insurers) when it is not legally obligated to do so, even if they are pensioners.

 

[Rob44]

Councils are there because they create an an opportunity for the pompous to puff out their chest and do nothing of importance but get re-elected so that the Councillors can enjoy their "honoraria " (money) . The Lady Mayor of Melbourne City gets $250 000 per year last time I read about it. The Councillors get$57000 pa. Pensioners get sweet-FA that is means-tested against all other sources of income and at best a couple would get get jointly $38 000 or $41 000 per year About $19000 to $21 000 each, at best. Australia is a greedy bastard of a country.

 

[Rob44]

The Council has responded with a clear statement that it acted on reports concerning the condition of the tree. It has arborists (tree experts) available to inspect the tree and report. Council's position is that its consultants reported that the tree was in "good to fair" condition, The complainant concedes that the tree fell during storm conditions. This is a common event along the east coast of Australia. The complainant's insurers, particularly the Home insurer must have agreed. The complainants received what is referred to as indemnity from their respective motor vehicle and Home insurers, less the excess applicable to their insurance. An excess is an amount which the insured and insurer agree that the insured will pay before the insurance "kicks-in". The purpose of that is for the insurance premium to be discounted.

On my reading of SDC's report it seems that the complainants' daughter is suggesting that the complainants suffered some uninsured losses, other than the excesses. There is no information to support that, which appears to me to be nothing more than a dutiful daughter's histrionics on behalf of her parents.

None of us, including Councils, are legally responsible for damage to third party property caused by forces of nature, ie storm conditions. The complainants referring the condition of the tree prior to the storm is an expression of their opinion. If there existed some expert opinion that pre-storm, the tree was susceptible to collapse in storm conditions, the status may be different.

Loss by fortuitous events is part and parcel of life. The complainants took prudent action to insure their property and received indemnity according to their insurance. Their out of pocket loss was minimised and they can be grateful for their own prudence. It is going too far for them ( and particularly, their daughter) to expect Council to pay them (and presumably, their insurers) when it is not legally obligated to do so, even if they are pensioners.

Storms happen. They are not unusual occurrences. Trees lose branches and even fall over in storms. That is absolutely normal and to be expected. Why should a storm (generally involving a strong wind of about 30-40 miles per hour) be seen as an unusual event?

 

[marni]

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?.

Your replies are always smutty - give it a miss

 

[Luckyus]

Your replies are always smutty - give it a miss

BOLLOCKS? If you don't like it then don't read them, plus it gives us an idea of just how your mind works or didn't you think of that wowser.