Page 67 - Tropic Magazine Issue 18

TROPIC • OPINION

Andrew Magoffin
Lawyer
Holding Redlich

It’s the vibe!

I suspect there have been a few households in Cairns
searching for The Castle on Netflix lately. For younger readers,
The Castle is the fictional story of Darryl Kerrigan fighting the
government’s proposal to compulsorily acquire his house in
outer Melbourne for a planned upgrade of the neighbouring
airport. Darryl employs Dennis Denuto, a bumbling suburban
shop-top lawyer to represent him in opposing the compulsory
acquisition, initially with little success. All’s well that ends well
though as Darryl and Dennis team up with Lawrence Hammill
QC who takes Darryl’s case all the way to the High Court of
Australia, where Darryl wins his case to keep the Kerrigan clan
in their house. The little guy gets the win over the all-powerful
government. Great result.
While Dennis Denuto-types are (hopefully) only a fictional
creation, Darryl Kerrigan-types are real and there are plenty
of them in Cairns at the minute with the Department of
Transport and Main Roads (DTMR) currently very active in
the city with several road upgrade projects. As with the airport
expansion plans in The Castle, DTMR needs more land for its
Megan Thomas road upgrades to come to fruition. Cue: Dennis Denuto…
Owner NO! Don’t go to Dennis Denuto! Or… if you insist on seeing
Dennis because he’s close-by, cheap and knows your Mum, tell
PhyxMe Physiotherapy
him these key facts:
• DTMR has a power to take land for a public purpose
pursuant to the Acquisition of Land Act 1967 (Qld);
Physio life • Road upgrade projects will meet the public purpose test
under the Act;
I recently had a work experience student with me at PhyxMe • Whilst you’re entitled to object to DTMR taking your land
and it made me reflect on what I actually do as a physio and the don’t expect to be sitting in the High Court of Australia
amazing array of patients I see in a single day. What I considered anytime soon – objections rarely succeed
quite a normal run-of-the-mill day was actually quite special and • You’re entitled to be compensated for land being
unique when I looked back at it with this student. taken from you, with compensation calculated as the
My first client of the day was a 14-month-old with a flat head and market value of the land taken plus other heads of
stiff neck. I then had a big burly labourer with a sore lower back, compensation including ‘disturbance’ costs and your
followed by a middle-aged lady with a new knee replacement, reasonable legal costs.
and next I did a pelvic floor and core assessment for a mum of You might want to tell the proverbial Dennis too that
four kids. employing a lawyer experienced in these matters can really
We then took a Clinical Pilates class where I had a pregnant boost the compensation you ultimately receive. More money
mum, a man with cerebral palsy and a police officer in your pocket is the least you deserve for the government
rehabilitating from surgery. taking your land.
Next, it was off to a nursing home to see a 93-year-old lady to do
exercises with her as she just wanted to be able to get out of bed MORE: holdingredlich.com
and stand by herself without the use of a hoist.
And this was all before lunch!
The afternoon’s schedule comprised of a triathlete, a 10-year-old
gymnast, a new mother with sciatic pain and a middle-aged
lady with knee pain wanting to get back to her HIIT workouts at
Tobruk pool!
No word of a lie... this was my day and as they say, what goes
around comes around. I am so glad I took this work experience
student today because reflecting on my day truly made me
realise what an amazing, varied and unique job I have.

MORE: phyxme.com.au

67 • tropicnow.com.au