Cassowary Forest [2007] QBCCMCmr 689 (14 December 2007)

Last Updated: 21 February 2008

REFERENCE: 0959-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	22650
Name of Scheme:	Cassowary Forest
Address of Scheme:	627 Bingal Bay Road BINGAL BAY QLD 4852

TAKE NOTICE that pursuant to an application made under the abovementioned Act by
the Cassowary Forest Body Corporate

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 financial year end date of the Cassowary Forest Body Corporate shall be 30 June in place of the previous financial year end date. I further order that thereafter each successive financial year for the Cassowary Forest Body Corporate shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0959-2007

"Cassowary Forest" CTS 22650

Application
The applicant 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 to 30 June.

In support of the application, I have been provided with copies of minutes of the AGM at which it was unanimously resolved that the financial reporting period would be 1 July to 30 June so as to align with the income tax reporting period.

Jurisdiction

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 or 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 as follows:
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.

Determination

The applicant body corporate has provided minutes of the Annual General Meeting at which it was resolved to change the financial year end date to 30 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 the proposed date.