Liz, go here
Caselaw: Land and Environment Court
read through the judgements from this year 2008, get a feel for how the Act is being interpreted, the judgements etc... I'm hoping you will see how future problems relating to the Jacaranda would be dealt with...and no it's my understanding you do not have to wait till the tree is actually destroying things to make use of the Act...but you could easily find out what legal options are available by going here
Community Info - Lawlink Corporate : Lawlink NSW
and contacting either LawAccess NSW or Legal Information Access Centre.
I hope they're helpful...I personally do think the NSW Act works and works very well, its not perfect no laws are.
I do think given the smattering of NSW Arbs here getting one of them to come out and write a small brief report on the predictable consequences of the saplings growth in its current location might also be of great benefit to you in reasoning with your neighbours....it would also help your position later on too
