Gatton Airlink Estate [2008] QBCCMCmr 163 (8 May 2008)

Last Updated: 19 May 2008

REFERENCE: 0382-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	32621
Name of Scheme:	Gatton Airlink Estate
Address of Scheme:	Queensland

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

The Body Corporate for Gatton Airlink Estate

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 Body Corporate for Gatton Airlink Estate shall be 30 June in place of the previous financial year end date of 31 May. I further order that thereafter each successive financial year for the Body Corporate for Gatton Airlink Estate shall commence on 1 July and end on 30 June.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0382-2008

“Gatton Airlink Estate” CTS 32621

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 from 31 May to 30 June.

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 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 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 advises that the current financial year end date for Gatton Airlink Estate is 31 May while accounting software used by the scheme presumes the usual 1 July to 30 June financial year. It is therefore more convenient to have a financial year which begins on 1 July and ends on 30 June.

I note that at the last AGM it was resolved that an application be made to this office seeking approval to change the financial year end date from 31 May to 30 June.

In the circumstances, I am satisfied that the body corporate has properly consented to the proposed change of financial year and that it is appropriate to make an order changing the financial year end date to 30 June.