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Phil Turner

Senior Associate

Cairns

+61 7 4019 7358

Phil provides a ‘solutions’ focused approach to complex legal problems. Having extensive experience working as an in-house solicitor for several local governments in Queensland, he has a unique perspective of the legal and governance challenges faced by Councils.

EXPERIENCE & EXPERTISE

Working as an in-house solicitor, Phil has regularly provided advice to Councils and senior executive staff in relation to Council operational activities, commercial and community leasing, tenure matters including roads, liability risks, projects and contract disputes.

Phil also has experience with regulatory enforcement of Local Government Acts and local laws, including under the Animal Management (Cats & Dogs) Acts 2008 (Qld), Water Safety and Reliability Act 2008 (Qld), Planning Act 2016 (Qld). Phil can assist with general advice, issuing notices and carrying out administrative reviews functions as well as representing Council at various Administrative Review Tribunals, through Queensland Civil and Administrative Tribunal (QCAT).

Phil is acutely aware of the public interest considerations of government clients. Phil’s recognises that providing value for money and applying a practical and strategic approach to resolving legal matters is important to his clients.

ACCOMPLISHMENTS

Projects
  • Leasing, planning and funding relating to Les Wilson Barramundi Discovery Centre, Karumba
  • Ravenshoe Water Supply Upgrade
  • Tablelands Regional Council, Advised Council in relation to Cultural Heritage Matters/Dispute, Ootann Road upgrades
  • Tablelands Regional Council, Cultural Heritage Assessment and Liaison, Stage 2 Atherton Mountain Bike Park
Local Government Acts Compliance and Governance
  • Councillor complaint investigation, unsatisfactory councillor conduct.
  • Acted as probity officer in relation to large water supply project
  • Adviser on Local Governments audit committee
  • Reviews of Delegations and Appointments registers and instruments
Regulatory Compliance
  • Advice in relation to local law enforcement relating to overgrown Allotment notices and powers of entry
  • Preparing Show Cause and Enforcement Notices
  • Advice and Review of Regulated Dog and Animal Destruction Notices
Land Tenure and Matters Affecting Roads
  • Reserve realignment - Lake Barrine Rural Fire brigade
  • Tablelands Regional Council - Various Reserve realignments to accommodate utility infrastructure (Electricity)
  • Tablelands Regional Council - Advised Council relating to complex tenure and historical matters relating to Bridge Ownership, maintenance responsibility and liability.
  • Carpentaria Shire Council, Successful Application and Dedication of Muttonhole Wetlands Nature Conservation Park under Nature Conservation Act 1992
  • Tablelands Regional Council – Advice regarding various dealings, including disposal of lease interests, affecting Rail Corridor Land under lease (Rail Trail)
  • Mediation of dispute relating to Council work affecting private interests
Leasing

  • Tablelands Regional Council, Review of Land Tenure and Leasing Policies and Procedures
  • Preparation and Review of Trustee Leases and Licences to various community organisations including:
    • Kindergartens
    • Sporting Clubs
    • Interest Groups
    • Aerodromes
    • Commercial and Private Individuals
General Agreements
  • Facility Use deeds
  • Volunteer agreements
  • Licences
  • Advice relating to Councils rights under Infrastructure Agreements
Residential Tenancies
  • Tablelands Regional Council, Transitioned Lakeside Caravan Park from a Moveable Dwelling Park to Holiday Park.
  • Carpentaria Shire Council and Tablelands Regional Council - Review and advice relating to Council participation in Nation Regulatory System for Community Housing (NRSCH)
  • Carpentaria Shire Council – Appearance at Residential Tenancies Act
  • Tablelands Regional Council – Advice in relation to revocation or disposal of long-term lease of residential properties.
Human Rights
  • Tablelands Regional Council – Successfully argued that Council did not unlawfully discriminate in relation to herbicide application - Platte v Tablelands Regional Council [2024] QCAT 1

Expertise

Qualifications

  • Bachelor of Laws, 2008, James Cook University
  • Graduate Certificate in Disaster Management, 2015, James Cook University

Memberships

  • Queensland Law Society