300 Wickham Street [2004] QBCCMCmr 207 (21 April 2004)

Last Updated: 30 September 2005

REFERENCE: 0234-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	31069
Name of Scheme:	300 Wickham Street
Address of Scheme:	300 Wickham Street FORTITUDE VALLEY QLD 4006

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate for 300 Wickham Street

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 300 Wickham Street Community Titles Scheme 31069 shall be 1/1/9830 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 300 Wickham Street Community Titles Scheme 31069 shall commence on 1 July and terminate on 30 June the next year, respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0234-2004

"300 Wickham Street" CTS 31069

The applicant, the Body Corporate for 300 Wickham Street, has sought the following order of an Adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote –

Change financial year to 1/7 – 30/6 each year.

Section 276(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, about-

(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

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. The body corporate duly resolved (unanimously) to this effect at an EGM held on 29 March 2004. The body corporate has submitted a copy of the relevant minute of the extraordinary general meeting.

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.