Decisions table

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 66 Body Corporate and Community Management (Standard Module) Regulation 2008

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Accommodation Module, s 64.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Permission to hold AGM outside of legislative time frame\_.\_ Standard Module, s 66.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether an annual general meeting will be invalid if held late. Act, s 104; Accommodation Module, s 64.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BODY CORPORATE PROPERTY – whether a request for return of body corporate property was a prescribed notice – whether to order return of body corporate property. Standard Module, s 206

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COMMON PROPERTY – where a storage area has been constructed in the common property roof space above the respondent’s lot – where an engineer has advised the area is not designed for that purpose and will not issue a structural integrity certificate until all goods are removed from the roof space – whether the respondent should be required to remove his personal property from the roof space. Act, ss 165, 170-177; Accommodation Module, s 162

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205; Accommodation Module, ss 202, 203

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COMMITTEE – whether the body corporate had decided the way to conduct the election of the committee; whether there is good reason to consider invalidating the election of the committee. ADMINISTRATOR – whether an order is required to appoint an administrator. COSTS – whether to dismiss the application under section 270(1)(c) of the Act and award costs against the applicants. Act, ss 99, 242, 270; Commercial Module, ss 10, 14.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COMMITTEE – whether the committee had power to make a body corporate decision; whether the committee acted reasonably making a body corporate decision. Act, ss 94, 100, 101, 108-110; Commercial Module, ss 18, 26

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ADMINISTRATOR – whether it is just and equitable in the circumstances to appoint an administrator. Act, ss 276, 301.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4, 276(1); Accommodation Module, s 64

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Commercial Module, s 33.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COMMITTEE ELECTION – whether the elected chairperson was eligible to be a voting member of the committee – whether ballot papers with multiple votes for executive committee positions were valid – whether the election was valid – JURIDICTION – whether the orders sought are within the jurisdiction of an adjudicator - TIME LIMIT – whether the time limit for bringing the application should be waived. Act, ss 15, 227, 242, 309; Standard Module, ss 10, 21, 91

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COMMITTEE ELECTION – whether the elected chairperson was eligible to be a voting member of the committee – whether ballot papers with multiple votes for executive committee positions were valid – whether the election was valid – TIME LIMIT – whether the time limit for bringing the application should be waived. Act, ss 15, 242, 309; Standard Module, ss 10, 21, 91

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR AN INTERIM ORDER – where body corporate passed a resolution to replace the scheme lifts – whether upgrade is improvement or maintenance – where applicant alleges upgrade motion was for an improvement to common property, requiring a special resolution – where applicant alleges upgrade works are premature – whether committee actions to propose the upgrade resolution were unreasonable – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience falls in favour of the applicant. Act, ss 94(2), 100(5), 106, 269(3), 270, 279(1); Accommodation Module, ss 56, 70.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDERS – whether order necessary IMPROVEMENT – MAINTENANCE – whether replacement of lift is improvement to common property. Standard Module, s 163

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Standard Module, s 66.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS –CONTENT AND EXTENT –s.169 Act OBLIGATION TO COMPLY –s.59 Act ENFORCEMENT OF BY-LAWS - ss.182,183 Act NUISANCE / UNREASONABLE INTERFERENCE WITH USE OR ENJOYMENT OF ANOTHER LOT - s.167 Act.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EGM – whether notice of a requested EGM was given to the secretary; whether the requested EGM was lawfully called. ADMINISTRATOR – whether to appoint an administrator for the body corporate. Act, ss 4, 14, 119; Commercial Module, ss 34.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4, 276(1); Accommodation Module, s 64

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Accommodation Module, s 64.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EMERGENCY– whether the application relates to emergency circumstances – whether the body corporate should be authorised to incur expenditure without general meeting approval – alternatively whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act\_,\_ ss 243A, 276\_;\_ Accommodation Module, s 72, 149-151

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDERS – whether the nature or urgency of the circumstances warrant interim orders until the application may be finally determined. Act, ss 94(2), 101(2), 279; Accommodation Module, ss 51, 69-71, 150, 157(1), 161, 167, 168(2).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

AGM – whether an extraordinary general meeting should be declared void because of alleged non-compliance with section most voting papers were submitted to the body corporate manager rather than the committee secretary. BODY CORPORATE RECORDS – whether the body corporate breached the Act by failing to provide copies of body corporate records to the applicants; whether the records should now be provided. Act, s 205; Accommodation Module, ss 84(2)(b), 203.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – whether the respondent has been parking on common property without approval – whether this is in breach of the by-laws – whether an order is warranted - COSTS – where the respondent failed to participate in conciliation - whether the respondent should be required to reimburse the application fees to the body corporate. Act, ss 182-8, 280

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDER – where applicant seeks to invalidate various resolutions of an annual general meeting– whether warranted in circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v Lenah Game Meats (2001) 208 CLR 199 Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Access to records. Act, s 205; Standard Module, s 205

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 64

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.