Make a Claim - Injury or Property Damage

Before you Submit a Claim

Understanding Liability

Under the Civil Liability Act 2002 (NSW), Cessnock City Council can only provide compensation where negligence is proven. This means you must be able to show:

  • You suffered loss, damage or injury; and
  • Cessnock City Council caused it; and
  • Council failed to take reasonable steps to prevent the incident.

Submitting a claim does not mean Council is responsible or will pay compensation.

Before submitting a claim:

  • Confirm that Council is the correct organisation (not a utility provider or contractor).
  • Contact your insurer first, as they may resolve your matter more quickly.
  • Gather all evidence before lodging the claim (exact location, photos, reports, invoices, quotes).
  • Council cannot provide legal advice.

Incomplete information will delay the assessment of your claim.

A compensation claim is not the correct process if you simply wish to report a:

  • Pothole or road defect
  • Damaged footpath
  • Blocked drain
  • Fallen tree or branch
  • Hazard or item requiring maintenance
  • General complaint or request for service

Please report these issues directly through:
Report an Issue – Cessnock City Council
https://www.cessnock.nsw.gov.au/Residents/Report-an-issue

This helps Council respond more quickly and ensures your request goes to the correct team. Claims should only be submitted when you believe Cessnock City Council was legally responsible for causing your loss, damage or injury.

When Council is not Responsible

Council is unlikely to be liable in the following situations:

Natural or Weather Events

These are considered “acts of nature” and generally do not give rise to liability. Examples include:

  • Storms
  • Strong winds
  • Heavy rainfall
  • Tree shedding (leaves, twigs, bark, small branches)
  • Storm‑related limb failure
  • Flooding from extreme weather

No Prior Knowledge

Council cannot be held liable for hazards or issues it was not aware of before the incident. This includes defects that develop suddenly or between inspections.

If you are notifying Council of a hazard for the first time, this should be reported through the “Report an Issue” page rather than submitted as a compensation claim.

Report an Issue: https://www.cessnock.nsw.gov.au/Residents/Report-an-issue

Utility Infrastructure

Claims involving:

  • Telstra and Optus pits
  • NBN infrastructure
  • Water authorities
  • Electricity providers
  • Gas utilities

must be made directly to the responsible authority.

Contractor‑Caused Damage

If the incident was caused by a contractor working for Council, you must lodge your claim directly with that contractor. Council is not liable for contractor‑caused damage.

Private Property Responsibilities

Property owners are responsible for:

  • Gutters
  • Downpipes
  • Private drainage systems
  • On‑property stormwater maintenance
  • Trees located on private land

Information for Common Claims

Potholes and Road Hazards

It is highly unlikely that Cessnock City Council will accept liability for pothole‑related claims.

This is because:

  • Potholes form quickly, especially during rain, and Council cannot be everywhere at once.
  • Council manages a large road network and must prioritise repairs based on safety and available resources.
  • Under the Civil Liability Act 2002 (NSW), Council is only liable if:
    • The pothole was known or previously reported; and
    • Council failed to take reasonable action within a reasonable timeframe.

If Council had no prior knowledge of the pothole, compensation cannot be paid.

Motor vehicle insurers often resolve pothole damage more quickly than a public liability claim.

Trees

Council’s ownership of a tree does not automatically create liability.

The following types of incidents are rarely compensable:

  • Tree shedding (leaves, bark, seed pods, small limbs)
  • Damage caused during storms or strong winds
  • Tree root damage where the issue was not previously reported to Council
  • Damage caused by natural events outside Council’s control

For liability to exist, you must show:

  • The tree risk was previously reported; and
  • Council did not act reasonably based on the information available.

Most tree‑related damage is appropriately managed through home insurance.

Waste Collection Vehicles

Cessnock City Council delivers general waste collection services; while recycling and organic waste services are managed by external contractors.

If damage was caused by a contractor‑operated vehicle, you must contact that contractor directly.
Council cannot pay compensation for contractor‑caused incidents.

How to Make a Claim

1. Submit Online

To lodge a claim online, please complete the following form:

Make a Claim - Injury or Property Damage

You will be asked to provide your contact details, a description of the incident, and upload evidence such as photos, quotes, receipts, reports or documentation supporting your claim. Please ensure you have as much information available, including 2 x quotes for repair if possible.

Please note, you will receive all correspondence via email regarding your claim.

Online submission is the quickest and preferred method.

2. Submit in Person

You can also lodge a claim in person at the Cessnock City Council Customer Service Centre.

A staff member will assist you to complete the online Incident Report Form at the front counter and help ensure your information is captured correctly.

Timeframes

Council will investigate the circumstances surrounding the incident to establish liability. All claims will be considered on their individual circumstances. Your claim will be acknowledged within 7 days of submission, and the investigation outcome may take 6-8 weeks, depending on the claim type and amount of claims during that time.

 

 

 

 

 

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