Kidston Shopping [2005] QBCCMCmr 199 (13 April 2005)

Last Updated: 5 July 2005

REFERENCE: 0256-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	18210
Name of Scheme:	Kidston Shopping
Address of Scheme:	2 Kidston Street BUNGALOW QLD 4870

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

The Body Corporate for Kidston Shopping

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 Kidston Shopping shall be 31 December 2005, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for Kidston Shopping shall commence on 1 January and terminate on 31 December respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0256-2005

"Kidston Shopping" CTS 18210

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

To amend end of financial year to December 31^st.

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.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

Section 283 provides that with the consent of the body corporate, the order of an adjudicator may include a change of the body corporate’s financial year and of the dates when later financial years begin.

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 body corporate’s 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)).

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 (schedule 4).

In the supporting grounds, the applicant body corporate has referred to minutes of an AGM held on 15 December 2004 where an ordinary resolution was carried to alter the financial year of the body corporate to 31 December, in place of 30 September each year.

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 body corporate.

I have ordered accordingly.