General News
13 April, 2026
Tree legal action axed
A COMMUNITY campaign to protect an iconic Freshwater raintree has withdrawn legal action, citing financial risk and lack of representation.
The Freshwater Raintree Action Group confirmed on 1 April 2026 that it had “made the difficult decision to withdraw all court proceedings” after the court indicated an interim injunction could be granted to prevent irreversible harm until the full case was heard.
However, the group said this would only proceed “if the applicant accepted the risk of paying legal costs if unsuccessful”.
“As we didn’t have a solicitor or barrister to represent us in the declaratory proceedings claiming unlawful application of legislation and were unable to finance $100,000 estimates to engage legal representatives, the applicant could not accept the financial risk,” a group spokeswoman said.
Independent engineering advice obtained by the group states the tree is “healthy and structurally sound” but warns current demolition works could cause “irreversible harm, particularly to critical roots”.
The group also claims approval conditions have not yet been met, including the need for a development application and a landscaping offset plan, despite demolition progressing.
“Approval conditions must be met before any vegetation clearing or damage occurs,” the update said.
Concerns have also been raised about asbestos removal works on site. Workplace Health and Safety Queensland were notified and has inspected the site “to ensure all control measures and air monitoring is in place to ensure the public is safe”, particularly given the proximity to Freshwater State School.
The group said its petition had gathered more than 1200 signatures and that it was still awaiting a response from Cairns Regional Council.
Campaigners have also approached the landowners, as well as planners, proposing an alternative design.
In a statement, a council spokesman said council had approved the removal of the raintree subject to conditions.
“The applicant has not yet met the conditions required prior to removal of the tree,” he said.
“Demolition of the existing dwelling house on the subject land does not require council approval.
“Council is aware of the online petition prepared after council’s decision regarding the removal of the raintree.”
The group said a local architect – Mark Buttrose from Tropical Architecture – could assist in designing a home at the rear of the block while retaining the tree.
“We hope the owners will consider this in good faith and work with the community toward a more balanced outcome,” the group said.
