Laurel Springs No. 8 [2003] QBCCMCmr 599 (26 June 2003)

Last Updated: 12 September 2007

REFERENCE: 0422-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	6001
Name of Scheme:	Laurel Springs No 8
Address of Scheme:	18 Doolan Street NAMBOUR QLD 4560

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 283 of the Act, the next financial year-end date of the Body Corporate for Laurel Springs No.8 Community Titles Scheme 6001 shall be 30 June 2004, in place of the previous financial year end date.

I further order that thereafter each successive financial year for the Body Corporate for Laurel Springs No.8 Community Titles Scheme 6001 shall commence on 1 July and terminate on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0422-2003

"Laurel Springs No 8" CTS 6001

The applicant body corporate has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 ("the Act"), quote –

"Change the Body Corporate financial year."

Section 276(1)(b) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances, to resolve a dispute, in the context of a community titles scheme, about the exercise of rights or powers, or the performance of duties under this Act of the community management statement. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

Section 283 of the Act specifically provides –

283. Change of body corporate’s financial year.

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 later financial years begin.

The applicant body corporate wishes to change its financial year-end date to 30 June each year so that the year-end date for the complex of Laurel Springs schemes shall be uniform.

The body corporate has submitted a copy of the relevant minute of the extraordinary general meeting held on 24 June 2003, which includes a decision taken by those present (Resolution 1) to change the year-end date from 31 March to 30 June each year.

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