The Rangers [2005] QBCCMCmr 50 (31 January 2005)

Last Updated: 5 July 2005

REFERENCE: 0061-2005

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20303
Name of Scheme:	The Rangers
Address of Scheme:	43 - 45 Western Avenue MONTVILLE QLD 4560

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

the Body Corporate for The Rangers CTS 20303

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 The Rangers Community Titles Scheme 20303 shall be 30 June 2005, in place of the previous financial year end date. I further order that thereafter, each successive financial year for the Body Corporate for The Rangers Community Titles Scheme 20303, shall commence on 1 July and terminate on 30 June respectively.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0061-2005

"The Rangers" CTS 20303

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

The body corporate seeks an order that the financial year for the body corporate be amended from 31^st August each year to 30^th June each year with the current financial year to end on 30/6/04.

I have taken this reference to 2004 to be a mistake, and, given that the meeting at which the body corporate consented to the change was held on 18 November 2004, find that it should be a reference to 2005.

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 provides as follows:–

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 wishes to change its financial year-end date to 30 June each year. The applicant further states that its present financial year-end date is 31 August but explains that this results in some confusion amongst owners. The applicant also considers that the change will be much more convenient for body corporate planning generally.

The applicant has provided a copy of the minutes of the annual general meeting held on 18 November 2004 which records a decision to change the year-end date 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.