Decisions table

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.

CORPORATIONS – application for reinstatement of company – company formerly involved in development of home units – wound up and deregistered soon after completion of development – proceeds of sale of apartments transferred prior to winding up to another company – alleged defects in construction – purpose of reinstatement to join company as a defendant in existing Technology and Construction List proceedings – principles relating to reinstatement of a corporation discussed.

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.

APPEAL – leave to appeal – exercise of discretion – leave refused - leave to adduce new evidence refused - strata scheme – common property defects – scope of works – rectification costs – whether strata levy excessive - costs of appeal

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.

ENVIRONMENT AND PLANNING — Consent — Conditions — Whether installation of a protective balustrade around a roof garden required — Whether area designed for use by occupants LOCAL GOVERNMENT — Legal proceedings — Judicial review — Judicial review of council decisions — Whether conditions imposed on development consent satisfy Newbury test for validity — Whether applicants denied procedural fairness

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

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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

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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.

LAND LAW – Strata title – Strata Schemes Management Act 2015, ss 136, 139,150 – By-laws – Power to make by-laws – By-law not to be harsh, unconscionable or oppressive – Whether by-laws prohibiting the keeping of animals and/or regulating the number of animals that can be kept is harsh, unconscionable or oppressive

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

LAND LAW – Strata title - Strata Schemes Management Act 2015 ss 136, 139, 150 - By-laws – Power to make by-laws – By-law not to be harsh, unconscionable or oppressive – Whether by-law prohibiting the keeping of animals is harsh, unconscionable or oppressive – Proceedings for imposition of civil penalty – Jurisdiction of Appeal Panel in appeal against civil penalty 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.

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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

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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).

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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.

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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

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

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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.