7664-4 [2009] QBCCMCmr 279 (4 August 2009)

Last Updated: 17 September 2009

REFERENCE: 0711-2009

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	32296
Name of Scheme:	7664-4
Address of Scheme:	Corner Edward & Margaret Street BRISBANE QLD 4000

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the body corporate for 7664-4 community titles scheme 32296

I hereby order that for the purposes of the Body Corporate and Community Management Act 1997 and pursuant to section 283 of the Act that from 1 October 2010 the financial year of the body corporate for 7664-4 community titles scheme 32296 is 1 October to 30 September. I further order that each successive financial year for the Body Corporate will commence on 1 October and end on 30 September.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0711-2009

“7664-4” CTS 32296

The scheme
“7664-4” community titles scheme 32296 is subject to the Body Corporate and Community Management Act 1997 (Act).

Application
This application made by the Body Corporate seeks an order to change its financial year to end on 30 September each year, effective from 1 October 2010.

Jurisdiction
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 (s 284(1), Act).

Section 283 of the Act specifically provides: 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 Body Corporate submits that the change in the financial year will enable the scheme to have its financial year after the financial year and annual general meeting of the principal scheme which will assist with budgeting for contributions.

The Body Corporate has shown that at the Annual General Meeting dated 24 July 2009 it resolved Motion 8 by ordinary resolution that: “That an application be made to the Commissioner Body Corporate and Community Management...for an Order allowing “with consent of the Body Corporate” to change the Body Corporate current Financial Year (12 calendar months from 1st April to 31st March each year) to 12 calendar months each year commencing 1st October ending 30th September, such change to operate from 1st October 2010.”

In the circumstances, I am satisfied that the Body Corporate has consented to the proposed change of its financial year and that it is appropriate to make an order to change the financial year effective from 1 October 2010.