Not got council involved yet. In WA, neighbour is liable for damage.
Prefer to resolve peacefully but so far its been "do what like on your side of the fence - not my problem"
Still go to chat to another neighbour that backs onto it was well.
Pretty sure its gonna have to come out... just need to go through the correct motions. (Got the advice docs from Legal Aid and Council)
Will have to obtain a Arboriculturalist Report. (Which I have to pay for. Waiting on call backs)
At the moment I need the tree type to see if it was a suitable planting in the first place. Get some info - forewarned is forarmed?
So far the
Peltophorum pterocarpum Yellow Poinciana looks the closest (but doesnt have thorns - which is why I thought Shademaster/Honey Locust?)
If its the Poiciana...
"Even though Yellow Poinciana will develop a very large trunk, its shallow, surface roots make it susceptible to being blown over during a hurricane's severe windstorms. Locate the tree about ten feet from sidewalks or pavement so the large surface roots don't cause damage."
Its about 30cm from the corner of the block...

Thanks for some pointers guy