Queensleigh [2001] QBCCMCmr 515 (24 September 2001)

C G YOUNGREFERENCE: 0571-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	13214
Name of Scheme:	Queensleigh
Address of Scheme:	5 Queensland Avenue BROADBEACH QLD 4218

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

Kerry John BETROS as nominee for Betros Bros Pty Ltd, the owner of Lot 29,



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 Queensleigh Community Titles Scheme 13214 shall be 30 June 2002, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Queensleigh Community Titles Scheme 13214 shall commence on 1 July and terminate on 30 June.
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0571-2001

“Queensleigh” CTS 13214

The applicant, Kerry Betros of Lot 29, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote –

“We wish to change the financial year of Queensleigh Body Corporate from May 1^st – April 30^th to July 1^st – June 30^th.”

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.

The applicant, chairperson of the body corporate, states that owners wish to change the body corporate financial year-end date on the advice of its accountants and auditors for convenience in compliance with GST obligations. The applicant has submitted a copy of the minutes of the annual general meeting held on 25 July 2001 which includes a resolution, Resolution 6, to approve the change in the financial year-end date from 30 April to 30 June each year.

In the circumstances, I am satisfied that the body corporate has consented to the proposed change in the body corporate’s financial year and it is appropriate to make an order for that change.