3 Parkland Boulevard [2007] QBCCMCmr 562 (19 September 2007)

Last Updated: 26 September 2007

REFERENCE: 0708-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	33918
Name of Scheme:	3 Parkland Boulevard
Address of Scheme:	3 Parkland Boulevard BRISBANE QLD 4000

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for 3 Parkland Boulevard community titles scheme 33918

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 3 Parkland Boulevard community titles scheme 33918 shall be 31 January 2008. I further order that thereafter each successive financial year for the body corporate for 3 Parkland Boulevard community titles scheme 33918 shall commence on 1 February and end on 31 January.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0708-2007

"3 Parkland Boulevard" CTS 33918

The Body Corporate has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (Act) to change the end of financial year for the scheme from 30 April to 31 January.

Section 276(1)(b) 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 the exercise of rights or powers, or the performance of duties under this Act. 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 24 July 2007, it "Resolved that the Body Corporate consent to change the date of the End of Financial Year from 30^th April to the 31^St January each year, commencing on the 31^st January 2008, in line with other Subsidiary Bodies Corporate at Parklands, and that the Chairperson and one other Committee Member be authorised to execute the documents to facilitate this change".

The body corporate has sought the order for these reasons. 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 31 January.