Auchen Towers [2005] QBCCMCmr 3 (5 January 2005)

Last Updated: 5 July 2005

REFERENCE: 0786-2004

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14389
Name of Scheme:	Auchen Towers
Address of Scheme:	364 Milton Road Toowong QLD 4066

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 (Act) and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Auchen Towers Community Titles Scheme (Auchen Towers) shall be 30 June, in place of the previous financial year end date. I further order that each successive financial year for the body corporate for Auchen Towers shall commence on 1 July and terminate on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0786-2004

"Auchen Towers" CTS 14389

The applicant, the body corporate for Auchen Towers, lodged this application requesting that the end of financial year be changed to 30 June. The grounds state that this proposed change of financial year will be more convenient for owners for taxation purposes due to income that the body corporate derives from telecommunications companies that lease areas of common property within the scheme. Minutes of a meeting on 22 November 2004 indicate that owners have passed a resolution seeking to change the end of financial year of the body corporate to 30 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 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