Galleon Harbour [2004] QBCCMCmr 100 (17 February 2004)

Last Updated: 30 September 2005

REFERENCE: 0086-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	26463
Name of Scheme:	Galleon Harbour
Address of Scheme:	174 Galleon Way CURRUMBIN WATERS QLD 4223

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Galleon Harbour

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (Act) and pursuant to section 229 of the Act, the next financial year end date of the body corporate for Galleon Harbour Community Titles Scheme (Galleon Harbour) 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 Galleon Harbour, shall commence on 1 July and terminate on 30 June, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0086-2004

"Galleon Harbour" CTS 26463

The applicant, the body corporate for Galleon Harbour Community Titles Scheme, lodged this application requesting that the end of financial year be changed to 30 September. The grounds state that, at the annual general meeting on 4 February 2004, the body corporate unanimously passed a resolution requesting that the end of year date be changed from December to June.

Section 276(1) of the Body Corporate and Community Management Act 1997 (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 (Act, 284).

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 (Act, 330(9)).

In the case of a body corporate for a community titles scheme established other than under the 1980 Act, the financial year means, unless previously changed by order of the adjudicator, the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of one year from the end of the first financial year (Act – Schedule 6, "financial year").

Section 283 of the Act 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 states that the body corporate has resolved to change its end of financial year from December to June.

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 reasonable and appropriate to make an order changing this body corporate’s financial year end date to the date as proposed by the applicant. I have ordered accordingly.FIN YEARn31 March 20031 April 200331 Marchcon