Bridgewater Boardwalk [2007] QBCCMCmr 45 (29 January 2007)

Last Updated: 12 February 2007

REFERENCE: 0052-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15726
Name of Scheme:	Bridgewater Boardwalk
Address of Scheme:	48 - 50 Rotherham Street KANGAROO POINT QLD 4169

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for Bridgewater Boardwalk community titles scheme 15726

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act, the next financial year end date of the body corporate for Bridgewater Boardwalk community titles scheme 15726 shall be 30 June 2007. I further order that thereafter each successive financial year for the body corporate for Bridgewater Boardwalk community titles scheme 15726 shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0052-2007

"Bridgewater Boardwalk" CTS 15726

The body corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) to change the end of financial year for the scheme to 30 June.

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), Act). Section 283 of the Act specifically 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 later financial years begin".

The body corporate has shown that at its Annual General Meeting dated 31 October 2006, adjourned and reconvened on 7 November 2006, it passed the resolution "that the Body Corporate lodge a Submission to the Commissioner for Body Corporate and Community Management requesting authority to alter the Body Corporate’s financial year to the period 1^st July – 30^th June".

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 to change the financial year end date to 30 June.