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General News

8 May, 2026

Raintree court action

A NEW legal challenge has been launched over the proposed removal of a contentious tree in Cairns, with campaigners arguing the council process behind the decision may have been unlawful.

By Hugh Bohane

TV Gardening guru Costa Georgiadis with community members supporting efforts to save the Freshwater tree now at the centre of renewed court proceedings. Picture: Hugh Bohane
TV Gardening guru Costa Georgiadis with community members supporting efforts to save the Freshwater tree now at the centre of renewed court proceedings. Picture: Hugh Bohane
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Community advocate Suri Hobday said Shelley Wallace had become the new applicant in proceedings lodged in the Planning and Environment Court questioning Cairns Regional Council’s decision-making process.

Ms Hobday said the application had already been served on council and a directions hearing was scheduled for Friday morning on 8 May.

“Basically, it’s for declaratory proceedings, so querying the lawfulness of the process that Cairns Regional Council took to get to their decision to remove the tree,” she said.

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The latest court action follows growing backlash over plans to remove the tree at 51 Old Smithfield Road, Freshwater, which attracted national attention after television gardening personality Costa Georgiadis publicly backed efforts to save it.

Ms Hobday said demolition work had recently taken place at the site, with the existing house and foundations now removed.

“It’s just flat land now,” she said. “There’s no house, nothing on it, just the trees left.”

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