14 minute read
Kate Wood-Foye - Business Illuminate
Illuminate
with KATE WOOD-FOYE
THE GUTS, GRIT AND GROUNDWORK OF REMARKABLE REGIONAL ENTREPRENEURS, INNOVATORS, LEADERS AND GAME CHANGERS.
KEVIN
C H I L V E R S
Kevin Chilvers loves to #RunHappy and has used his own passion for running to inspire an entire community. His project Run Fest Port Macquarie is now in its 11th year and is becoming a fixture on the national circuit driving health, connection and tourism in our region with over 3,500 visitor nights to our beautiful region.
Kevin, you are a passionate
advocate for the power of running not only for health but to connect the community, and have shared these passions in two key community formats - Port Macquarie Run Fest and Parkrun. What inspired you to begin your work in this space and how do you hope to make an impact?
Many years ago, I stumbled upon Parkrun whilst on holiday and then I could only participate in the weekly events when travelling, as at the time there were no parkrun events between Newcastle and the QLD border. My first real step on this Run Fest journey started when I saw a post on Facebook featuring a picture of our iconic lighthouse and seeking expressions of interest for locals to get involved in starting a parkrun event in Port Macquarie. After 18 months of team effort, Port Macquarie Parkrun was launched in October 2015 with 350 participants taking on the inaugural event. Soon after I was asked to take on a Territory Management role for Parkrun Australia, working with event teams on the NSW Mid Coast to Northern NSW with new events being launched in Forster, Wauchope, Urunga, Coffs Harbour, Lismore and Ballina.
Late in 2016 I took on the role to manage the Run Fest events in Port Macquarie and Forster-Tuncurry. This has been a life changing experience for me to do something good for the local economy via increasing participation numbers and attracting tourists to the areas for the events.
Running has been a transformational force not only in your life but in many others in our community - can you share how the #RunHappy movement inspired your contribution to Run Fest and to realise its tremendous growth over the last 11 years?
Running is hard and mentally challenging. But with anything the more you do it... the easier it gets! I used to run like a terminator but over time I learnt that simply putting one foot in front of the other can provide benefits in so many ways. I often say “If you can’t run with a smile on your face you are running too fast.” Through participation I came to learn that running has a much bigger impact on people’s lives than just the time and distance run. Yes, there are times for pushing yourself to the limit but there are times that you just need to slow down, stop, take in the views and enjoy the experience. #RunHappy is promoted widely by event sponsor Brooks Running and we have thoroughly embraced this magical combination of words for Run Fest - Prepare, #RunHappy and to explore Port Macquarie.
We’ve seen tremendous growth to now have close to 3,000 participants at Run Fest Port Macquarie. We work hard to create a great experience and race weekend for participants of all ability levels. This positive vibe has led to growth year on year.
Why do you believe that Run Fest has captured the hearts and minds of runners at all levels and abilities?
Run Fest is accessible for all and family friendly. Runners can choose to take on a new challenge, chase that elusive PB or simply #RunHappy along with a friend or family member. Run Fest Port Macquarie is now a major regional event and unofficially kicks off the NSW fun calendar with participants making the annual trip from out of town to run along our stunning foreshore area. The event is organised by runners for runners, and we make changes every year to improve
the experience for participants. A key change to the event format a few years back was to move to a two-day format with the event officially kicking off with the kids’ fun run... what better way to kick off the weekend than smiling happy kids!
The introduction of the Treble Breakwall Buster has been a great addition to the event whereby runners complete all Sunday events; Half Marathon, 10k and 5k events. All finishers of this challenge get their name on the event honour roll. Only four runners have completed all Treble events at Run Fest Port Macquarie.
Run Fest has a strong connection to the Indigenous Marathon Foundation (IMF RAW) - how important has this connection been to our community and the success and impact of the festival?
Many years ago I watched an inspiring documentary “Running to America”. An incredible short film whereby four young indigenous men were selected to participate in the Indigenous Marathon Project (IMP). The program is headed up by Australian Marathon legend Robert de Castella whereby the four were trained to run the New York Marathon. Now local Charlie Maher is the first graduate of the IMP, and the program has now taken more than 100 young indigenous men and women to New York to complete the marathon mentored by Deek. They prepare, run the marathon and then come back as
community leaders.
I met with Charlie not long after taking over the role of Run Fest race director as I was looking for a worthy cause in which we can make a difference and drive change. Through this collaboration the IMF RAW Running & Walking Group was established; now with over 100 members and many Deadly Running groups around the country. At Run Fest we hold the Indigenous Marathon Foundation 3k #RunSweatInspire event which also doubles as the trials for a local to try out to be selected for the next IMP. Through this partnership we’ve been fortunate to host Robert de Castella, Steve Moneghetti, Nova Peris and many of the IMP graduates.
How instrumental were mentors in your journey ? What is the most valuable lesson they taught you?
There hasn’t been a particular mentor. A heap of listening, being critical of self and refinement. Everyone’s input is important.
What has been your biggest challenge in
We work hard to create a great experience your own journey to making a difference? and race weekend Run Fest is operated by a small family for participants of business - Chilvers Events & Consulting. My all ability levels. partner Amanda Cooper & I put this event This positive vibe has led to growth on to do something great for Port Macquarie and to provide participants with a fantastic race weekend experience #RunHappy. year on year. Events of this nature present thousands of logistical challenges. The biggest challenge is empowering and enabling people to help, as race weekend requires the support of over 100 volunteers. They always bring the #RunHappy vibe. We are fortunate to have the support of great volunteer groups such as Rotary, Friends of Mrs York’s Garden, Run Port Mac, Sailability, Flamin’ Dragons, Can Too and Tour de Cure.
What is the hardest lesson you have learned in life and business?
Keeping a healthy work and life balance, as this will make your head clear to be at its best in the work environment. My head is continually churning with ideas and it needs time to switch off. Get into a good routine, set some goals for yourself and keep ticking boxes and perhaps plan to #RunHappy 3 - 4 times a week. When you have a dream or goal, the most important thing is that you believe in yourself. People are going to tell you it can’t be done, but when you connect with your own dreams, you will be unstoppable.
Thanks Kevin.
The Hub, a 3D Render of the central visitor area at Guulabaa, design by Gensler Justin Black with Hello Koalas sculpture Guula, designed by Aboriginal Art Students, Wauchope TAFE and sponsored by Forestry Corporation of NSW.
GUULABAA
PLACE OF KOALA
COWARRA STATE FOREST
A new tourism attraction is being developed between Port Macquarie and Wauchope that will provide visitors and locals with a unique forest experience and deeper understanding of what we can all do to help care for country while having a bit of fun. Justin Black from Forestry Corporation of NSW shares with us how Guulabaa is developing.
Hi Justin, please tell us about Guulabaa?
Guulabaa, Place of Koala, is the name that Biripi Elders have given this wonderful new tourism destination that is being developed in Cowarra State Forest. We believe it will become one of the most unique visitor attractions in the region. Guulabaa will include a new koala care and wild breeding facility operated by Port Macquarie Koala Hospital (Koala Conservation Australia) and will showcase local Biripi culture supporting Bunyah Local Aboriginal Land Council run businesses which include a café and gallery. WildNets are developing a ‘net park’ tree canopy experience and the precinct will be home to the ‘Big Koala’, a 2.5 metre Hello Koalas sculpture. Walking tracks will weave through the forest and there will be an outdoor learning area.
Sharing stories about managing forests and sustainability are a key part of the visitor experience at Guulabaa and for us we want to share with the community how we manage State forests and the importance of local timber to create a sustainable future. We have a vision that visitors to Guulabaa will leave with a greater understanding of the importance of caring for country and what each of us can do to support a sustainable future.
The partnership approach to Guulabaa seems unique. Can you tell us a little more about this?
I think Guulabaa demonstrates what partnerships can really achieve, in my mind it’s the most special part of the project. We have been working together now for over two years, developing a masterplan for the site and supporting each other’s aspirations.
Each partner brings a unique element to the project whether it’s the koala care and wild koala breeding by the Koala Hospital, the sharing of Biripi culture by Bunyah Local Aboriginal Land Council or our ability to bring the project together with our partners. We are stronger together as partners and I think that’s going to guarantee the success of Guulabaa.
You talk about sustainability and caring for country, how does this fit together at Guulabaa?
All the partners of Guulabaa believe in the importance of supporting actions to care for the local environment. Sustainability is at the core of what we at Forestry do in our management of the forests and one thing we want to talk about is the importance of forest management and use of timber to mitigate the impacts of climate change. Planet Ark’s promotion of wood as the only major renewable building product that stores carbon for life is a message we will be sharing. Locally sourced hardwood timber will be used throughout the precinct. The timber bridge that we have recently installed stores the equivalent emissions of 200 houses’ yearly electricity use. Forest management will be another important aspect and together with Bunyah Local Aboriginal Land Council we will be sharing with visitors the old and the new ways of managing forests. We’ve already had one cultural burn at the precinct, and we are aiming to protect the forest and the koalas, by regular cultural burning.
It all sounds very exciting Justin! How long until it opens to the public?
We are at the pointy end of planning now and are starting the major building projects. We will start opening different parts of the site before the end of the year and by the new year should be finished most of the major works.
focus_contributor.
LEGAL Lightwith JEREMY BRIGDEN
FROM PRIEST LEGAL
Please, Sir, I Want Some More
Freedom of testamentary disposition remains a foundational principle in our system of law. As eloquently stated by Calloway JA in the case of Grey v Harrison (1997) 2 VR 539: “It is one of the freedoms that shape our society and an important human right, that a person should be free to dispose of his or her property as he or she thinks fit.” There are, however, limits to the freedom of testamentary disposition. In McCarthy v McCarthy [2010] NSWCA 103 Young JA said “So long as he complies with community expectations and what is sometimes called ‘moral duty’, the deceased is able to leave his property as he wishes.” It is well established law that the concept of “community standards” or “community expectations” will play a role in determining whether adequate provision has been made and, if not, what provision should be made under a will. Oliver Twist was born into a life of poverty and misfortune. Orphaned by his parents and raised in a workhouse with little food and few comforts, one day desperately in need of further sustenance he went forth trembling, bowl in hand, and begged the master for some more gruel. Imagine Mr and Mrs Twist had two sons. Imagine further that they favoured Oliver’s older brother, and considered Oliver too sickly, weak or unworthy to be deserving of anything. Imagine further still that the entirety of the Twist estate was left by the parents’ wills to the prodigal son, to the exclusion of little Oliver. It would be difficult to argue that this would be in line with community expectations. The “moral duty” of the testators in this instance must surely be to ensure, at the very least, that Oliver is sufficiently provided for. Just as Oliver has asked for “more” gruel from the master, he would be eligible to make a request for further provision from his parents’ estate. Unlike the master, however, the Courts may be more inclined to provide. Clients often ask: “Why would I make a will when it can be challenged?” The answer to that question is twofold. Firstly, if you do not make a will, you will die intestate, meaning you have no power over testamentary disposition. Oliver, in this instance, may get half of the whole pie. Secondly, you can take steps to protect your will from challenge. Advice and assistance from a competent lawyer in the drafting process can minimise the likelihood of claims, and can arm your executor(s) with a legal arsenal to assist in the successful defence of such claims, if brought. Sometimes, this may involve some [reluctant] provision for the Oliver Twists in your life in order to avoid potential claims. Note that provision need not be equal or “fair”. Such concepts do not concern the Courts. Another bowl of gruel may be adequate. Only a limited category of people are eligible to approach the Court if they feel they have been inadequately provided for, or not provided for at all. Eligible people include spouses, former spouses, children (including adopted children) and other limited categories. Eligible persons can claim even if there is no will. An executor has a duty to defend the estate and attempt to uphold the terms of the will. However, the executor must act reasonably to seek to negotiate and compromise a claim where necessary. This is particularly so if the estate is relatively small and the cost of defending the proceedings would greatly diminish the value of the estate. There are other grounds to challenge a will, beyond inadequate provision, including invalidity (such as lack of testamentary capacity) and ambiguity in construction or meaning of a will.
What to do?
See a competent lawyer to draft your will, or review your existing will, especially if you are considering disinheriting Oliver, or if you are concerned that there are any little Olivers lurking in the woodwork. If you are an appointed executor faced with a challenge on the deceased’s will, you have solemn testamentary duties as trustee. Ensure you engage a lawyer competent in the defence of Family Provision Claims. If you are an eligible person and believe you have been left inadequate provision, you may have a claim. To be successful a claim must be made within 12 months of the date of death. The lawyers at Priest Legal are highly competent at will drafting, and have extensive experience in contested will and estate proceedings.
