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Kmart Initiates $10 Million Lawsuit Against Mirvac, Alleging Breach Over Toombul Flood Closure

Retail giant Kmart Australia Limited (Kmart), a subsidiary of Wesfarmers, has filed a lawsuit against Mirvac Retail Sub SPV Pty Ltd and Mirvac Capital Pty Ltd, part of the ASX-listed Mirvac group, over the closure of Toombul Shopping Centre due to flood damage.

The lawsuit, which seeks $10 million in compensation, alleges that Mirvac breached their lease agreement by closing the shopping centre. This lawsuit unfolds 18 months after Toombul Shopping Centre’s closure was initially announced due to extensive flood damage.

The Lease Dispute: Kmart vs. Mirvac

Kmart contends that it had a valid lease agreement with Mirvac until February 2027. In the claim filed in the Supreme Court in Brisbane on Friday, 15 Dec 2023, Kmart asserts that Mirvac should compensate them for the loss of profit that the discount department store would have earned during the lease period.

They argue that this compensation should be based on the anticipated trading if the store had reopened after flood damage occurred on 25 and 27 Feb 2022.

Kmart further alleges that Mirvac’s estimate of the loss of profit during this time amounts to $13.4 million, reduced to $10.1 million in net present value.

According to Kmart, had the lease been in effect in April 2023, when Mirvac settled its insurance claim for flood damage, Mirvac would have breached the lease by not using the insurance payout to repair and rebuild the shopping centre.

Insurance and Repudiation: The Key Claims

Kmart’s lawsuit claims that Mirvac’s insurer had agreed to indemnify Mirvac concerning the flood damage. However, in April 2023, Mirvac informed Kmart that it had settled its insurance claim with insurer FM Insurance but could not disclose the dollar value due to confidentiality.

Kmart had already accepted Mirvac’s repudiation of the Toombul lease on 8 Sept 2022 but maintained that Mirvac’s decision to permanently close the shopping centre constituted a significant loss due to repudiatory conduct.

Mirvac’s Decision and Future Plans

Mirvac, a prominent player in Australian real estate with a portfolio exceeding $11.9 billion, announced the permanent closure of Toombul Shopping Centre on 9 June 2022.

CEO Susan Lloyd-Hurwitz cited extensive damage to crucial infrastructure such as electricity, fire, and escalators, along with the risk of future flooding, as reasons behind the decision.

Kmart asserts that Mirvac’s decision to close Toombul Shopping Centre represented an unequivocal intention not to fulfil its lease obligations, including using insurance funds to rebuild the centre. To date, no defence has been filed against Kmart’s claims, and a hearing date has not been scheduled.

Future Developments: Toombul’s Transformation

Mirvac’s acquisition of the 9.9-hectare Toombul Centre in 2016 marked a significant investment. On 18 July 2023, Brisbane City Council approved Mirvac’s application to demolish the former shopping centre, including buildings, car parks, and shade sails.

Post-demolition, Mirvac plans to create a temporary park in the southeast corner of the site and will fence it off until approvals for the new development, still in the design phase, are obtained. The approved plans include retaining the Toombul bus interchange and associated roads.

Kmart’s Financial Performance

Despite the legal battle surrounding Toombul Shopping Centre, Kmart performs well. In the 2022-2023 financial year, Kmart posted $8.3 billion in sales, representing a remarkable 22 per cent increase, while earnings at the Kmart Group, including Target, surged by 53 per cent.

Furthermore, in August, Wesfarmers reported that Kmart’s sales growth remained strong at the beginning of the 2024 financial year.

Published 24-Dec-2023

Temporary Mobile Phone Base Station at Toombul Shopping Centre

Photo Credit: Pixabay / Life-of-Pix

Telstra, Vodafone, and Optus have jointly established a Temporary Mobile Phone Base Station within Toombul Shopping Centre’s car park. The telecommunication tower, situated near the former Coles click-and-collect area, aims to address the need to ensure effective mobile network coverage in the area.

The temporary station stands tall at 30 meters, equipped with antennas, ancillary tools, and cabinets on an elevated platform. Telstra, Vodafone, and Optus have indicated that this provisional infrastructure will operate until August 2024.

Photo Credit: Brisbane City Council / Development i A006248810

Mirvac, overseeing the site’s transformation, submitted plans for the shopping centre’s demolition in April 2023. The move follows the impact of the Brisbane floods in February 2022, which mandated the relocation of existing telecommunication facilities before demolition could commence.

According to SAQ Consulting, the installation of this temporary base station adheres to the Mobile Phone Base Station Deployment Code C564:2020. It ensures continuous mobile phone coverage and network capacity for Nundah and its surrounding areas following the decommissioning of existing rooftop facilities.

Mirvac is committed to shaping the future of the site. Plans for the area’s redevelopment, including retail spaces, are in progress. However, specifics regarding the return of major retailers or the exact size of the shopping area remain undisclosed.

Updates on the demolition plans will be provided as they progress. Advance notice of work commencement and ongoing updates will be communicated as needed. For direct email updates on the demolition program, register online at toombulrenewal.com/register.

Published 14-December-2023

Fun for All Ages at Nudgee Recreation and Sports Facility Grand Opening Day

After much anticipation, Nudgee Recreation and Sports Facility will finally open to the public this December, offering heaps of fun for all ages.

Read: Nudgee Recreation Reserve to Become a District Sports and Recreation Park

This Saturday, December 9, marks a momentous occasion for Nudgee as the grand opening of the sporting facility takes place from 8:45 a.m. to 12 noon.

Kicking off the opening are two free BMX workshops for kids aged 6-17 years, run by expert BMX riders from RampFest. Spots are limited so registration is essential. Following the workshops will be a jaw-dropping BMX demo and a free bike giveaway.

Artist’s impression of Nudgee Recreation Reserve improvements (Photo credit: Brisbane City Council/Flickr)

Other opening day activities include activities by Football Queensland, free access to the playground, picnic areas and dog off-leash zone, as well as fitness stations for adults.

The Rotary Club of Nundah will be firing up the barbie for a classic Aussie sausage sizzle and breakfast burgers. Cool down afterwards with ice creams and snow cones from the ice cream van.

Photo credit: Brisbane City Council/Flickr

The centrepiece of the new facility is the BMX track for keen riders to test their skills. For those preferring to stay on foot, there are picturesque walking, running and cycling paths weaving through the grounds. The recreational area also includes a shared sports field, sheltered barbecue facilities and a new 223-space carpark.

Read: Locals React To Changes To Nudgee Recreation Reserve Improvement Project

Nudgee locals can look forward to having this high quality recreation and sporting hub right on their doorstep. Everyone is encouraged to come down this Saturday and join the community celebration!

Those who are interested in the BMX workshops may go to Eventbrite for session tickets or email RampFest on Chris@rampfest.com.au for more information.

Published 30-November-2023

Nundah Christmas Twilight Market Jam-Packed with Festive Cheer

We’re making a list and checking it twice, finding eats, beats, and treats both naughty and nice at the jam-packed Nundah Christmas Twilight Market!

Read: Second Brisbane Cruise Liner Terminal in Pinkenba Planned as Demand Surges

On Saturday 2 Dec 2023, from 4:00 p.m. to 10:00 p.m., soak up the festive vibes as you wander through over 150 stalls featuring the best gourmet eats from local tastemakers and unique, handmade gifts from bespoke makers and creators.

If you feel like mistle-toasting to the silly season, don’t forget to stop by the North Pole Bar to sip on an icy cold brew from Stone & Wood and Revel Brewing Co. or extra festive Christmas spirits from Milton Rum Distillery.

But it doesn’t stop there! Jingle bell rock the night away with live music by Yellow Bird Trio and The B-Sides, be mesmerised by roving Chrissy performers and majestic stilt walkers, stop by the petting zoo, and grab a selfie with SANTA! No resting grinch faces here!

WIN A $200 BAR TAB TO SPEND!

We’re offering you a chance to WIN a $200 bar tab to spend the night of Nundah Christmas Twilight Market! Cheers to that!

HOW TO ENTER:

Fill OUt The ENTRY FORM

* T&C’s apply. See full details here.

Read: 60-Bed Mental Health Facility Proposed for Nundah

Nundah Christmas Twilight Market
When: Saturday 2 December | 4PM – 10PM
$3 Entry (free for kids under 12) | FREE Parking
Where: Station St, Nundah
Snaps with Santa: 5PM – 8PM

Featuring: Mr Pulled Slow Cooked Meats, Teppanyaki Noodles, Piante Pizza, Churros Bites, Roll It Ice Cream Co., Bucky’s Cookies and Creations, and more!

Follow updates about the event on Facebook.

Published 28-Nov-2023

Second Brisbane Cruise Liner Terminal in Pinkenba Planned as Demand Surges

Queensland’s cruise industry is experiencing a remarkable resurgence, and plans to fast-track the development of a second Brisbane Cruise Liner Terminal in Pinkenba are now in the works to meet the burgeoning demand.

After languishing as a ghost town during the pandemic, Brisbane’s cruise terminal sprang to life, welcoming 138 cruise ships during its first full year of operation last season. The Pinkenba facility is on track to record a 20 percent increase in the number of ships this season.

This unprecedented surge in cruise traffic is driving discussions to expedite the construction of a second terminal at the mouth of the Brisbane River to accommodate the growing number of cruise ships flocking to the region.

Brisbane’s Record Cruise Season

Brisbane is set to host an estimated 165 cruise ships, bringing nearly 800,000 passengers in 2023. Many of these passengers will embark on journeys along the picturesque Queensland coast, injecting a substantial $200 million windfall into the state’s tourism industry.

This record-breaking season is further highlighted by the arrival of Royal Caribbean International’s Quantum of the Seas, commencing a 25-voyage season in Brisbane that will bring a staggering 115,000 passengers to the city.

Port of Brisbane CEO, Neil Stephens, expressed his enthusiasm for the new cruise season and the contribution of the cruise industry to Queensland’s economy.

“The industry is a big part of Queensland’s economic and tourism success story, with cruising from Brisbane estimated to contribute around $1.15 billion to the state economy over the next decade,” he said.

Brisbane Cruise Liner Terminal — Photo Credit: Google Maps

Economic Impact and Expansion Plans

Brisbane’s growing reputation as a world-class cruise hub is attracting more ships to its shores, generating jobs and boosting economic activity in the region.

However, the surge in cruise traffic is outstripping the capacity of the current terminal. The facility can only accommodate one ship visit per day, and during the summer months, it operates near full capacity. Port officials are already assessing future demand to plan for expansion, ensuring that they can cater to the growing appetite for cruise travel.

Gavin Smith, Vice President and Managing Director of Royal Caribbean’s Australia and New Zealand division, expressed the company’s enthusiasm for the region’s potential growth.

“The proximity of Queensland to the islands in the Pacific, the Great Barrier Reef, the new terminal, all the pieces are there. There’s a lot of momentum, and we’re very excited about the opportunities,” Mr Smith said.

Queensland’s Dominance in the Cruise Market

Data from Cruise Lines International Association and the Australian Cruise Association confirms Queensland’s status as Australia’s second-largest cruise market after Sydney. However, industry insiders believe that Brisbane has the potential for further growth, making it a promising hub for cruise tourism.

The research reveals that Queensland contributed an impressive $1.69 billion to the national cruise economy in the last financial year, supporting more than 5,000 full-time equivalent jobs.

Published 1-Nov-2023

Free Early Screening for Type 1 Diabetes for Infants in Nundah

A lifesaving Type 1 Diabetes National Screening Pilot will take place in Nundah, which will be aimed at identifying infants aged 6-12 months who are at risk of developing type 1 diabetes.

The program will also be available to residents in the suburbs of Chermside, Bracken Ridge, and Ferny Hills, providing a significant opportunity for early detection.

Addressing the Urgent Need for Early Detection

Type 1 diabetes is a lifelong autoimmune condition that can have severe and even fatal immediate and long-term health implications. Alarming statistics show that this condition affects 1 in 300 children in Australia, and what’s particularly challenging is that 90 per cent of these cases have no family history of the condition.

Consequently, this potentially life-threatening illness can be incredibly hard to identify, especially in infants, where its symptoms can often be mistaken for minor childhood concerns. Consequently, children often aren’t diagnosed until they become severely ill, necessitating emergency care.

To address this critical issue, the Type 1 Diabetes National Screening Pilot offers a simple and free method to detect infants at risk. This initiative is being funded by JDRF and is spearheaded by a dedicated team at the University of Sydney.

Early Detection Saves Lives

Early detection is critical for ensuring better health outcomes for children who may be at risk of developing type 1 diabetes. This autoimmune condition is one of the most common chronic illnesses affecting children and adolescents. It occurs when the immune system mistakenly attacks the insulin-producing cells in the pancreas, resulting in insulin deficiency.

Without insulin, the body cannot convert glucose from food into energy, leading to dangerous levels of glucose in the bloodstream. Early screening can identify very early signs of the condition before children start showing symptoms.

Dr. Gary Deed, a General Practitioner involved in the program’s development, highlights the significance of early detection.

“Type 1 Diabetes is a unique illness which doesn’t come from lifestyle choices. It may develop in very young people right through to older ages. The current problem is that early onset is often missed and children especially are presenting in severe medical crises called ketoacidosis, which can have both an immediate even fatal outcome but if the person can be managed there are longer term impacts of difficulty sustaining healthy outcomes compared to people who don’t have this alarming ketoacidosis presentation,” Dr Deed told Brisbane Suburbs Online News.

“This is why screening early, helps us support people at risk to be in touch with health professionals who can prevent serious outcomes mentioned and intervene where needed to offset the emotional and physical crises that are known to occur.

“My passion about knowing the real benefit this reseach project will bring from identifying at risk people/children and then the sheer effort in getting all the aspect of the trial aligned and in place, has required positive patience, but I know the benefits once rolled out will make a difference to families and children.”

A Vision for the Future

The Type 1 Diabetes National Screening Pilot is a crucial step towards early detection and improved long-term health outcomes. The program has a broader vision of making early type 1 diabetes detection a routine part of childhood screening across Australia.

“Given that the goal of the pilot program is to make early type 1 diabetes detection available for every child in Australia and have it become part of routine childhood screening, where are we in terms of achieving that statewide (QLD) at the moment? What’s the critical path that needs to be taken and the barriers or challenges that you see? The goal of this Type 1 Diabetes National Screening Pilot is to identify the best option for implementing screening for type 1 diabetes in children in Australia,” Dr Kirstine Bell from the University of Sydney’s Charles Perkin Centre, who led the development of the program, said.

“A number of screening models have been very successful internationally. So we’re learning from these as well as other national and statewide public health programs in Australia, and then using this Pilot to partner with local communities, like Brisbane North, to understand how this screening should run in our health system and in the Australian population.

“Ultimately, the vision is for this to be a national, government-funded screening program. To achieve that, the government will look at all the evidence from this Pilot and from around the world, to determine if and how best to run a type 1 diabetes screening program.”

Dr Bell also said that the program is set to close at the end of 2024, but children identified as having an increased risk will continue to be monitored for five years to catch any early markers of the autoimmune condition. Over the next two years, the program aims to work with the government to build a roadmap towards full implementation.

Bronwen Manger, a local resident whose child has undergone the screening, emphasizes the simplicity and importance of the process.

“The screening process is simple and hassle-free. I was happy to see that it was available, and I could take proactive action to see if my child was at risk of type 1 diabetes,” she shared.

Simplified Process for Parents

Parents have been given an easy and accessible way to participate in the screening program. They can register for a free test kit online at www.KidsDiabetesScreen.com.au, and the kit will be conveniently delivered to their homes. The screening process involves collecting a saliva sample from the child’s mouth, which can then be sent for analysis.

The majority of children will receive a low-risk result from early screening. However, for those identified as having an increased risk, regular follow-up testing will be recommended to monitor early signs of the condition. The Screening Pilot is not just about identifying at-risk children but also about providing education and support to their families.

Published 23-Oct-2023

Karise Eden Returns to Nundah, Her Former Home, for a Special Performance

Photo Credit: Karise Eden Music

Karise Eden, the inaugural winner of “The Voice Australia” in 2012, is set to make a triumphant return to Nundah, her former home, as she gears up for a special performance at the Royal Hotel Nundah.

On Saturday, 28 Oct 2023, the Royal Hotel will be abuzz with excitement as it unveils its new live music room, and the local community is eagerly awaiting Karise’s performance.

A Special Gig for Karise Eden

This homecoming gig holds immense significance for Karise, who has spent the past year touring the East Coast relentlessly. For the artist, who has seamlessly transitioned from reality show fame to a successful recording and touring career, it is a heartwarming experience to be back where it all began.

Karise’s connection to the Royal Hotel goes beyond her upcoming performance. She has a history with the venue, having once worked behind the bar.

Nowadays, she can be spotted there as a regular patron, often dining with her husband and two adorable children. Her roots in the community run deep, after moving to Brisbane in 2016. No doubt, she’s excited to be part of the pub’s new live music room launch.

A Remarkable Journey in Music

Karise’s career has seen her excel in various music genres, from blues to soul, rock to power pop, and country to Americana. She has been compared to the likes of Adele and Amy Winehouse, thanks to her distinctive voice and emotive performances.

Her 2022 indie release, “Into The Black,” features an AIR No. 1 single, and her solo performances are an eclectic blend of original songs and reimagined classics. With a musical journey that continues to evolve, she remains a compelling force in the Australian music scene.

Get Tickets

Karise Eden’s Journey from Fame to Self-discovery

While Karise has enjoyed remarkable success in her music career, she has also faced her share of personal challenges. After her success on “The Voice,” the 31-year-old artist, known for her powerful and soulful voice, has achieved multiple ARIA Awards, gold and platinum records, and even secured top positions in the ARIA and AIR charts.

However, there was one aspect of her life where she felt a void – her education. Karise dropped out of school at just 13 and entered foster care. Despite her success as an artist, she struggled with feelings of inadequacy because she lacked a formal education. The industry’s pressures and expectations exacerbated her insecurity, with some people in the business world treating her unfairly due to her perceived lack of education.

When the COVID-19 pandemic struck, Karise found herself without a source of income, prompting her to reevaluate her life’s direction. In her pursuit of personal growth and self-rediscovery, she decided it was time to complete her high school education. The artist took a significant step by enrolling in the Tertiary Preparation Pathway (TPP) course at a Queensland TAFE, aiming for graduation in Easter 2024.

Karise’s determination has seen her excel in her studies, proving that it’s never too late to return to education. She is juggling her studies with a bustling career, public speaking, running a business, and raising children. Her story echoes the common experience of many adults who have faced obstacles in their education, highlighting the importance of flexible adult learning opportunities.

Her motivation extends beyond personal growth. She’s eager to set an example for her children and break the cycle of abuse through perseverance and determination.

Published 21-Oct-2023

60-Bed Mental Health Facility Proposed for Nundah

Did you know that a new 60-bed mental health hospital has been proposed for Nundah, aiming to address the growing demand for dedicated mental health facilities in Brisbane.

Read: Indoor Sport and Recreation, Medical Centre, and Child Care Centre at Nellie Street in Nundah Proposed

The proposed development, a joint venture between healthcare providers Aurora and Medibank known as IMH, would be located at 20 Nellie Street on a 10,590 square metre site.

The mental health facility is planned as the centrepiece of a larger health and wellness hub spanning five buildings. In addition to the mental health building, the hub would include space for further health services, food and drink, offices, and indoor sports.

Artist’s impression of mixed-use building (Photo credit: Z Architects)

Designed by Z Architects, the complex is envisioned between two and five storeys tall, with 214 parking spaces to accommodate patients and staff.

Mental Health — Photo credit: Z Architects

According to planning documents, the hospital would operate 24/7, with peak activity from 6:00 a.m. to 10:00 p.m. daily for admissions, appointments, visiting hours, and deliveries. Patient care would be overseen by psychiatrists, with voluntary admissions and personalised treatment plans.

Developers note that patients accessing mental health services are often outwardly functioning members of the community, seeking support, therapy and education. They emphasise that private facilities like the proposed hospital provide essential specialised care within the broader health system.

The Nundah site already has approval for a material change of use, granted in 2020. The defined land uses for the existing application include an Indoor Sport and Recreation Office, Shop, and Child Care Centre.

The amended application has removed the Child Care Centre in place of a Food and Drink Outlet, and has added the Hospital and the Health Care Services land uses.

Construction is said to be largely complete on the approved buildings and layout, meaning the proposed shift to mental health services would not require significant additional changes to the site.

Backers hope the project can complement nearby Belmont Hospital and expand access to quality mental health treatment in the region. If approved, the facility would be one of Australia’s few private psychiatric hospitals, catering to demand for more dedicated mental health infrastructure and expertise.

Read: Banyo Clinic Doctor Honoured as GP Supervisor of the Year

Published 11-October-2023

Northgate Manufacturer Chair Solutions Gets a Seat at the MiQ Table

Photo Credit: Queensland Government / statements.qld.gov.au

Northgate manufacturer Chair Solutions is set to expand its manufacturing capabilities, thanks to a sizeable Made in Queensland (MiQ) grant.

Chair Solutions was among the first Round 5 recipients of the MiQ grant that saw 33 applications formally receiving an offer of funding. The funds will allow Chair Solutions to acquire new equipment and cut production time.

Chair Solutions produces seating used in offices, hospitals, waiting rooms, and schools. The acquisition of new production equipment will allow the company to bid for large-scale projects, reduce production costs and decrease production time by up to 40% as well as increase their workforce to 38 from the current 26, adding 12 new full-time staff over the next five years.

“Made in Queensland gives manufacturers, just like Chair Solutions, the practical and financial support they need to grow their business and create more jobs,” Minister for Manufacturing Glenn Butcher said.

“This is a local manufacturer who is embracing Industry 4.0 and growing the business to become even more competitive nationally and internationally.”

Member for Nudgee, Leanne Linard, congratulated Chairs Solutions and stressed that that grant will be a game-changer for the company, “helping them expand their workforce and boost their services.”

“This new equipment and training for staff will enable us to pursue larger contracts and continue our strong growth record,” Chair Solutions Managing Director, Carl Davies said.

“We’ve had strong growth in hospitals recently, providing almost 25,000 chairs to the Sunshine Coast Hospital, Lady Cilento Hospital and the Gold Coast University Hospital.

“Our core business is offices but we also provide chairs to stadiums and recently provided soft seating and removable seating to the Cowboys Stadium.

“The Made in Queensland grant will enable us to scale our business and grow our capacity so that we can be successful with large-scale contracts.”

The MiQ grants program has created and supported more than 5,900 jobs and generated more than $110 million in private sector investment since 2017. Over the next five years, an additional 9,500 jobs will be created and supported whilst $190 million will be generated in private sector investment.

The MiQ program is part of the Queensland Advanced Manufacturing 10-Year Roadmap and Action Plan.

Round 6 is slated to open in October 2023.

Published 26-September-2023

Growing Precincts Together: Banyo Precinct

Have you heard about the Growing Precincts Together Program? This Council initiative aims to provide hands-on support to shopping precincts, such as the Banyo precinct, to help businesses attract more visitors.

Each year, local businesses in key shopping centres get help promoting and activating their precincts, making their place an attractive destination for shoppers.

Among other objectives, the Growing Precincts Together program aims to help build a sense of community within the precinct as well as increase opportunities for local businesses to connect and collaborate. The program will also help businesses in the area develop a common language about their precinct, including the identity of the location and what is on offer.

The program will also support local businesses, increase the number of events, activities and promotions in their area as well as help attract new visitors and encourage visitors to stay longer and return for more shopping opportunities.

The program involves:

business/vacancy assessments
a survey to gather feedback and ideas about the precinct
a precinct launch event
precinct connection opportunities
hands-on support from Council to Promote, Support, Refresh and Activate the precinct
regular e-newsletter updates to businesses.

Businesses, workers and customers were invited to participate in a survey last September, to help Council collect feedback about the precinct and the things that they value most about the location.

Later, there will be an opportunity to hear from Council’s Economic Growth and Activation Team about the Council’s analysis of the precinct and the survey feedback via a launch event for the program.

BCC will then work with the Banyo retail precinct to implement initiatives falling under the Promote, Support, Refresh, and Activate. The strategy will include an opportunity to take advantage of a range of free one-on-one business support programs aimed at helping businesses attract new visitors to the precinct.

Similar initiatives were also launched for Rosalie Village and Racecourse Road. For more about the program or feedback about the Banyo retail precinct, please feel free to email the Council’s Economic Growth and Activation team or contact the Council’s business hotline at 133 BNE (133 263).

Published 5-October-2023