Cairns One Precinct Three [2008] QBCCMCmr 301 (27 August 2008)

Last Updated: 19 September 2008

REFERENCE: 0668-2008

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	37660
Name of Scheme:	Cairns One Precinct Three
Address of Scheme:	12 Gregory Street CAIRNS QLD 4870

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

The Body Corporate for Cairns One Precinct Three

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 (the Act) the end date of the current financial year of the Body Corporate for Cairns One Precinct Three Community Titles Scheme shall be 30 April 2009 instead of 31 October2008. I further order that thereafter, each successive financial year for the Cairns One Precinct Three community title scheme shall commence on 1 May and terminate on 30 April the following year.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0668-2008

“Cairns One Precinct Three” CTS 37660

APPLICATION

The applicant is the body corporate for Cairns One Precinct Three community title scheme which has sought the following orders of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) quote:

That under section 283 BCCMA 1997 the scheme changes its end of financial year date to 30 April annually.

Furthermore, that the current financial period be extended by an additional 6 months i.e. from 31 October 2008 to 30 April 2009.

JURISDICTION

Section 276(1) 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-
(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or
(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 284(1) of the Act).

In this regard, section 283 of the Act specifically 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.

DETERMINATION

The applicant body corporate states that this scheme is part of a layered scheme and would benefit from having its annual general meeting in July to coincide with the annual general meetings of the Cairns One Principal Scheme, Cairns One Precinct One Scheme and the Cairns One Precinct Two community title scheme. Further, any representative of the scheme who is also elected to the committee of the principal scheme, will have greater opportunity to attend both meetings of the principal and subsidiary schemes if they are held at the same time.

Attached to the application was a copy of the resolution by the body corporate to change the financial year end date from 31 October to 30 April, and to change the end date of the current financial year end date to 30 April 2009.

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.