Jacksons [2000] QBCCMCmr 207 (4 May 2000)

C G YOUNGREFERENCE: 0201-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	16456
Name of Scheme:	Jacksons
Address of Scheme:	8 Petrie Terrace PETRIE QLD 4000

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate,

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (“the Act”) and pursuant to section 229 of the Act, the next financial year end date of the Body Corporate for Jacksons Community Titles Scheme 16456 shall be 31 March 2001, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Cannon Park Entertainment Community Titles Scheme 22612 shall commence on 1 April and terminate on 31 March.xxnxxxxxxxx
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0201-2000

“Jacksons” CTS 16456

The applicant Body Corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

That the Financial Year of the Jacksons Body Corporate be changed from 31 December/1 January to 31 March/1 Apri. This is deemed by the Committee to be important to the effectivemness of Annual General Meeting and the functioning of the Body Corporate by taking the notification period away from the Christmas/New Year break when many members are away.

Section 223(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the case of a body corporate established under the 1980 Act, then (unless the first annual general meeting has not been held) the financial year is each year ending on the last day of the month containing the anniversary of the first annual general meeting. Alternatively, in the case of bodies corporate in respect of which the Referee has made an order changing the anniversary date, the financial year is each year ending on the last date of the month containing the date fixed by the referee (see section 276(9)).

Section 229 provides that with the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when future financial years begin.

In the supporting grounds, the applicant has submitted a copy of the minutes of the annual general meeting held on 28 March 2000. Resolution 3 approved a change in the financial year to end on 31 March each year; all owners were in favour of the change. The resolution shows that the change in financial years is being sought to allow annual general meetings to be held outside of the Christmas holiday period when many owners are absent.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change of the body corporate’s financial year, and further that it is appropriate to make an order changing its financial year end date to the proposed date.


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