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General News

20 May, 2026

Raintree campaign in court

A LEGAL challenge aimed at protecting the Freshwater raintree at 51 Old Smithfield Road has been formally accepted by the Planning and Environment Court, with a review hearing scheduled for 29 May 2026.

By Hugh Bohane

Supporters of the Freshwater raintree (Paul Matthews, Linda Earl, Deb Trehearn, Sandra Charlton, Dr Nicole Sleeman and Simon Warne) outside court 2 at the Cairns Courthouse after the Planning and Environment Court accepted the legal challenge concerning the tree at 51 Old Smithfield Road. Picture: Supplied
Supporters of the Freshwater raintree (Paul Matthews, Linda Earl, Deb Trehearn, Sandra Charlton, Dr Nicole Sleeman and Simon Warne) outside court 2 at the Cairns Courthouse after the Planning and Environment Court accepted the legal challenge concerning the tree at 51 Old Smithfield Road. Picture: Supplied
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Community supporters gathered at the Cairns Courthouse on Monday, filling the public gallery as the matter was heard for the first time in the court.

The hearing focused on procedural matters and setting the next legal steps in the case. Legal arguments regarding the proposed removal of the tree were not debated.

A review hearing is expected to examine the case’s progress and determine the steps required before any final hearing.

Community members opposing the removal of the tree say the Freshwater raintree has become a symbol of the suburb’s identity and character.

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In a statement released after the hearing, campaign organisers said the dispute was “bigger than one tree”.

“It is about protecting the character of Freshwater and making sure planning decisions are transparent, accountable and fair,” the statement said.

Organisers are continuing to seek public donations to help cover legal costs through an online GoFundMe campaign.

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