UPDATE TO MEMBERS

Dear members and clubs,

Our sincere apologies for the length of time between updates, we have been awaiting the outcome of a lengthy and unpleasant court process to provide you with a balanced picture of the last six months. This update has been prepared jointly with BRASA’s legal team.

In November 2025, the Beechmont Cricket Club applied to take legal action, via the Supreme Court of Queensland, against Scenic Rim Regional Council and BRASA.

The Council and, consequently, our community were obliged to pay for legal support to work to understand the issues, attend court on multiple occasions and respond appropriately. Despite carefully considered requests to the Cricket Club for clarification, providing balanced professional advice on the legal merits and repeatedly asking to remove BRASA from the proceedings, the matter was heard by Justice Crowley and further determined by Justice Muir.

During the substantive hearing of the matter, her Honour determined that the Cricket Club’s Application - (supported by Affidavit material sworn by Mr Edmond) was without merit and doomed to fail. Accordingly, her Honour ordered that the Application be dismissed in its entirety and further, that the Cricket Club was to pay BRASA’s and the Council’s legal costs on an indemnity basis.

Indemnity costs are rarely awarded and are reserved for cases with one or more of the following:

  • where fraud allegations were shown to be false;

  • where the party ordered to pay costs had prolonged court proceedings unnecessarily;

  • where there was a motive to instigate the proceedings that did not have anything to do with the proceedings subject matter;

  • where claims made in the legal matter were found to be baseless;

  • where a settlement was offered but not accepted;

OR

  • where facts or established law have been disregarded.

In reaching her decision in awarding indemnity costs in BRASA’s favour, her Honour determined that the Cricket Club had been put on notice with respect to the futile nature of the proceedings and that BRASA’s claim for indemnity costs had been warranted given the correspondence that had been exchanged between our solicitors and Mr Edmond. Since the decision, the Cricket Club has applied to Appeal the decision (noting that our solicitors have again informed Mr Edmond on behalf of the Cricket Club that the Appeal is misconceived).

This is a sad situation for the community, having wide ranging impacts including the costs, the likely impact of these costs on Beechmont community cricket, insurances, rates and the harsh impact on our current and future volunteers. It has been a time consuming and stressful time for our volunteer committee, taking energy and efforts away from potential positive sport and recreation projects, activities and families. BRASA holds significant concerns with respect to the Cricket Club’s capacity to pay the totality of the costs orders that are currently ordered. BRASA is opposed to incurring further unnecessary legal costs that are paid out of community funds in defence of proceedings that are baseless, without merit and brought in a vexatious manner.

Despite this situation the team would like to update you on the ongoing positive work BRASA have managed during this period. Our amazing volunteer mowing crew have consistently maintained a high standard of grounds, new volunteers are always welcome. BRASA have arranged regular pest and weed management, irrigation and machinery maintenance to support this.

BRASA welcomed Yoga to our affiliate clubs and storage facilities and welcomed back netball for another great year! We also supported highly successful Chinese New Year celebrations with our Beechmont Kung Fu team! BRASA supports the ANZAC committee with storage and insurance cover as part of this collaborative community event.

The team have been working hard with a fantastic local business to tidy and organise the community club house in order to make it safely available to the community. We have relocated bulky and valuable items from the changerooms into the storage container, secured alcohol in locked cupboards and removed out of date food and drinks. Cupboards have been cleaned and practically organised by the clever team and surfaces wiped down. If you are interested in accessing the new and improved club house please contact BRASA.

The successful inclusive driveway to the hall disabled parking area and netball practice space is now complete and has inspired a second inclusive pathway application to Council to continue connecting and improving access for all abilities around the park. It was wonderful to see every part of it in use at a recent community event. As always BRASA are building and fostering strong relationships with Council, the school, our amazing clubs and the beautiful community. Keep an eye out for news updates on our website and we welcome your support around the park.

All the best,

Arnee, Rhi, Greg. Nina and Angela

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