contract of sale
DESCRIPTION
5B 27-37 Russell St MelbourneTRANSCRIPT
DATED 2009
PETA JANE GILLINGHAM AND TIMOTHY HOWARD GILLINGHAM
to
CONTRACT OF SALE OF REAL ESTATE
Property: Unit 58, 27-37 Russell Street" Melbourne 3000
Russo & Russo Pty LtdSolicitors
150 Sydney RoadBrunswick 3056
Tel: 9387 8022DX: 95615 Brunswick
Fax: 9387 5604Ref: PR:EH:2009123
CONTRACT OF SALE OF REAL ESTATEPARTICULARS OF SALE
Part I ofthe standard form of contract prescribed by theEstate Agents (Contracts) Regulations 2008
The authority of a person signing:under power of attomey; oras director ofa corporation; oras agent authorised in writing by one of the partiesmust be noted beneath the signature.
Any person whose signature is secured by an estate agent acknowledges being given by the agent at the timeof signing a copy of this contract comprising:
*Form 1 (Contract of Sale of Real Estate - Particulars of Sale);xSpecial Conditions, if any;*Form 2 (Contract of Sale of Real Estate - General Conditions):*Vendor's Statement.
SIGNED BY THE PURCHASER on . . . . . . . . . . . .1 . . . . . . . 12009
This offer will lapse unless accepted within t I clear business days (3 days if none specified)
SIGNED BY THE VENDOR on . . . . . . . . . . . . / . . . . . . . 12009PETA JANE GILLINGHAM
Signed ro PETA JANE GILLINGHAMFor and on behalf of TIMOTHY HOWARDGILLINGHAM pursuant to Specific Power ofAttorney dated 29th May 2009
PETA JANE GILLINGHAM
The DAY oF SALE is the date by which both parties have signed this contract.
The vendor sells and the purchaser buys the property, being the land and the goods, for the price and on theconditions set out in this contract.The terms of this contract are contained in the:
* Particulars of sale;x Special conditions, if any;* General conditions; and* Vendor's Statement
and in that order of priority.The Vendor's Statement required by section 32(1) of the Sale of Land Act 1962 is attached to and forms partof this contract. The parties should ensure that when they sign the contract they receive a copy of theVendor's Statement, the general conditions and anv soecial conditions.SIGNING OF THIS CONTRACT
IMPORTANT NOTICE TO PURCHASERSCooling-off period Section 3l Sale of Land Act 1962You may end this contract within 3 clear business days of the day that you sign the contract if none of theexceptions listed below applies to you. You must either give the vendor or the vendor's agent written noticethat you are ending the contract or leave the notice at the address ofthe vendor or the vendor's agent to endthis contract within this time in accordance with this cooling-off provision. You are entitled to a refund of allthe money you paid EXCEPT for $100 or 0.2o/o of the purchase price (whichever is more) if you end thecontract in this way.EXCEPTIONS - The 3-day cooling-off period does not apply if-. you bought the property at or within 3 clear business days before or after a publicly advertised auction;. you received independent advice from a legal practitioner before signing the contract;o the property is used mainly for industrial or commercial purposes;r the properly is more than2} hectares in size and is used mainly for farming;. you and the vendor previously signed a similar contract for the same properfy; or. you are an estate agent or a comorate body.
gillingham 2009 1 23\d\contract.doc - 29 1 05 /2009
PARTICTJLARS OF SALEVendor's Estate Agent:PAUL OSBORNEof SECRETAGENTTel:0402182 494 Fax:
Vendor:
PETA JANE GILLINGHAM AND TIMOTHY HOWARD GILLINGHAMof 140512 Albert Road, South Melboume 3205
Vendor's Legal Practitioner or Conveyancer:
RUSSO & RUSSO PTY LTDof 150 Sydney Road Brunswick 3056DX 95615 BRLINSWICK, VICTORIATel:9387 8022 Fax:9387 5604Email: [email protected]
Purchaser:
Ref: PR:EH:2009123
Purchaser's Legal Practitioner or Conveyancer:
Property Address:
Unit 58, 27-37 Russell Street, Melbourne 3000
Land:
The land is described -o in the attached copy titleo andplan. as Volume 10187 Folio 571and includes all improvements and fixtures
Goods: (list or attach schedule):
As per schedule attached
Payment Price $
Deposit $
0.000.00 On the signing hereofr
Balance $ 0.00 payable on the
GST (refer to general condition l3)The price includes GST (if any) unless the words 'plus GST' appear in this box :
If this is a sale of a 'farming business' or 'going concern' then add the words 'farming business' or 'goingconcern' in this box:
If the margin scheme willbe used to calculate GST then add the words 'margin scheme' in this box:
2009
gillingham 2009 1 23\d\contract.doc - 29 I 05 /2009
PARTICULARS OF SALE continued
Settlement
is due on
unless the land is a lot_on an unregistered plan of subdivision, in which case settlement is due on the abovedate or 14 days after the vendor gives notice to the purchaser of registration of the plan, whichever is thelater.At settlement the purchaser is entitled to vacant possession of the property unless the words .subject tolease' appear in this box:
Subiect to Leasein which case refer to general condition 1.1. If (subject to lease' then particulars of the lease are :
l. Lease of 12 months commencing 1st March 20092. One further option of 12 months3. Rental of $2,253.33 per month4. Tenant to meet costs of utilities5. Landlord to meet rates and Owner's Corporation fees6. Tenant to purchase pots and pans etc
If this contract is intended to be a terms contract within the meaning of the Sale of Land Act 7g62then addthe words 'terms contract' in this box :
and refer to general condition 23 and, add any further provisions by way of special conditionsEncumbrancesThis. sale is NoT subject to an existing mortgage unless the words 'subject to existing mortgage, appear inthis box:
If the sale is 'subject to existing mortgage' then particulars of the mortgage are :
Special ConditionsThis contract does not include any special conditions unless the words 'special conditions, appear in thisbox
Loan (refer to general condition 14)The following details apply if this contract is subject to a loan being approved.Lender:
Loan amount $Approval date:
CONTRACT OF SALE OF REAL ESTATE - GENERAL CONDITIONS
Pzrt2 ofthe standard form ofcontract prescribed by theEstate Agents (Contracts) Regulations 2008
TITLE
l . Encumbrances1.1 The purchaser buys the property subject to:
(a) any encumbrance shown in the Vendor's Statement other than mortgages or caveats; and(b) any reservations in the crown grant; and(c) any lease referred to in the particulars ofsale.
1.2 The purchaser indemnifies the vendor against all obligations under any lease that are to be performedby the landlord after settlement.
1.3 Ifthe particulars ofsale provide that the purchaser is taking over an existing mortgage:(u) the purchaser assumes liability for the mortgage; and(b) the price is satisfied to the extent of any mortgage money owing at settlement; and(c) the vendor must treat any payment made by the purchaser under the mortgage as a paymenl
made to the vendor under this contract.
2. Vendor warranties2.1 The vendor warrants that these general conditions I to 28 are identical to the general conditions 1 to 28
in the standard form of contract of sale of real estate prescribed by the Estate Agents (Contracts)Regulations 2008 for the purposes of section 53A of the Estate Agents Act 1980.
2.2 The warranties in general conditions 2.3 and 2.4 replace the purchaser's right to make requisitions andinquiries.
2.3 The vendor warrants that the vendor:(u) has, or by the due date for settlement will have, the right to sell the land; and(b) is under no legal disability; and(c) is in possession ofthe land, either personally or through a tenant; and(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-
emptive right which is current over the land and which gives another party rights which havepriority over the interest ofthe purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and(0 will at settlement be the unencumbered owner of any improvements, flxtures, fittings and
goods sold with the land.2.4 The vendor funher warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;(b) easements over the land;(c) lease or other possessory agreement affecting the land;(d) notice or order affecting the land which will not be dealt with at settlement, other than the
usual rate notices and any land tax notices;(e) legal proceedings which would render the sale of the land void or voidable or capable of being
set aslde.2.5 The warranties in general conditions 2.3 and2.4 are subject to any contrary provisions in this contract
and disclosures in the Vendor's Statement.2.6 If sections l37B and l37C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of thevendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose forwhich they were used and that, unless otherwise stated in the contract, those materials werenew; and
(c) domestic building work was carried out in accordance with all laws and legai requirements,including, without limiting the generality of this warranty, the Building Act 1993 andregulations made under the Building Act 1993.
2.7 Words and phrases used in general condition 2.6 which are defined in the Building Act 1993 have thesame meaning in general condition 2.6.
3. Identity of the land3.1 An omission or mistake in the description. measurements or area of the land does not invaiidate the
sale.3.2 The purchaser may not:
(a) make any objection or claim for compensation for any aileged misdescription of the propertyor any deficiency in its area or measurements; or
(b) require the vendor to amend title or pay any cost of amending title.
4. Services4.1 The vendor does not represent that the services are adequate for the purchaser's proposed use of the
property and the vendor advises the purchaser to make appropriate inquiries. The condition of theservices may change between the day of sale and settlement and the vendor does not promise that theservtces will be in the same condition at settlement as they were on the day of sale.
4.2 The purchaser is responsible for the connection of all services to the property after settlement and thepayment of any associated cost.
5. ConsentsThe vendor must obtain any necessary consent or licence required for the sale. The contract will be at an end andall money paid must be refunded if any necessary consent or licence is not obtained by settlement.
6. TransferThe transfer ofland document must be prepared by the purchaser and delivered to the vendor at least l0 daysbefore settlement. The delivery of the transfer of land document is not acceptance of title. The vendor mustprepare any document required for assessment of duty on this transaction relating to matters that are or shouldbe within the knowledge of the vendor and, if requested by the purchaser, must provide a copy of that documentat least 3 days before settlement.
7. Release of company chargeThe vendor must provide at settlement a release of the property from any registered charge lodged under theCorporations Act 2001 (Cth) if requested in writing to do so at least 2l days before settlement. Thisobligation does not apply if the chargee is the proprietor of a registered mortgage over the land. The vendormust pay the registration fee if either party requires registration of that release.
8, Builder warranty insuranceThe vendor must provide at settlement details of any current builder warranty insurance relating to the propertyif requested in writing to do so at least 21. days before settlement.
9. General law land9.1 This condition only applies if any part of the land is not under the operation of the Transfer of Land
Act 1958.9.2 The vendor is taken to be the holder of an unencumbered estate in fee simple in the land if there is an
unbroken chain of title starting at least 30 years before the day of sale proving on the face of thedocuments the ownership of the entire legal and equitable estate without the aid of other evidence.
9.3 The purchaser is entitled to inspect the vendor's chain of title on request at such place in Victoria as thevendor nominates.
9.4 The purchaser is taken to have accepted the vendor's title if:(a) 2l days have elapsed since the day ofsale; and(b) the purchaser has not reasonably objected to the title or reasonably required the vendor to
remedy a defect in the title.9.5 The contract will be at an end if:
(a) the vendor gives the purchaser a notice that the vendor is unable or unwilling to satisfy thepurchaser's objection or requirement and that the contract will end if the objection orrequirement is not withdrawn within 14 days of the giving of the notice; and
(b) the objection or requirement is not withdrawn in that time.9.6 If the contract ends in accordance with general condition 9.5, the deposit must be returned to the
purchaser and neither party has a claim against the other in damages.9.7 General condition l0.l should be read, in respect of that part of the land which is not under the
operation ofthe Transfer ofLand Act 1958, as ifthe reference to 'registered proprietor'is a referenceto'owner ' .
MONEY
10. Settlement10.1 At settlement:
(a) the purchaser must pay the balance; andft) the vendor must:
(i) do all things necessary to enable the purchaser to become the registered proprietor ofthe land; and
(ii) give either vacant possession or receipt of rents and profits in accordance with theparticulars ofsale.
10.2 The vendor's obligations under this general condition continue after settlement.10.3 Settlement must be conducted between the hours of 10.00 a.m. and 4.00 p.m. unless the parties agree
otherwise.
lt. PaymentI 1.1 The purchaser must pay the deposit:
(a) to the vendor's licensed estate agent; or(b) ifthere is no estate agent, to the vendor's legal practitioner or conveyancer; or(c) ifthe vendor directs, into a special purpose account in an authorised deposit-taking institution
in Victoria specified by the vendor in the joint names of the purchaser and the vendor.
ll.2 Ifthe land sold is a lot on an unregistered plan ofsubdivision, the deposit:(a) must not exceed 10% ofthe price; and(b) must be paid:
(D to the vendor's licensed estate agent or legal practitioner or conveyancer and held by
the estate agent, legal practitioner or conveyancer on trust for the purchaser until the
registration of the plan of subdivision; or(ii) ifthe vendor directs, into a special purpose account in an authorised deposiftaking
institution in Victoria specified by the vendor in the contract in the joint names of the
purchaser and the vendor and held in that account until the registration ofthe plan of
subdivision.I 1.3 The purchaser must pay all money other than the deposit:
(a) to the vendor, or the vendor's legal practitioner or aonveyancer; or
16) in accordance with a written direction of the vendor or the vendor's legal practitioner or
conveyancer.ll.4 At settlement, payments may be made or tendered:
(a) in cash; or(b) by draft or cheque drawn on an authorised deposit-taking institution; or
(c) ifthe parties agree, by electronically transferring the payment in the form ofcleared funds.
11.5 For the purpose of this general condition 'authorised deposit-taking institution' means a body corporate
in relation to which an authority under subsection 9(3)of the Banking Act 1959 (Cth) is in force'
ll.6 The purchaser must pay bank fees on up to three bank cheques at settlement, but the vendor must pay
the bank fees on any additional bank cheques requested by the vendor.
Stakeholdingl2.l The deposit must be released to the vendor if:
(a) the vendor provides proof, to the reasonable satisfaction ofthe purchaser, that either-
there are no debts secured against the property; orifthere are anv debts. the total amount ofthose debts do not exceed 80% ofthe sale
12.
(i)(ii)
13.
price; and(b) at least 28 days have elapsed since the day ofsale; and(c) all conditions of the Sale of Land Act 1962 have been satisfied.
12.2 The stakeholder must pay the deposit and any interest to the party entitled when the deposit is released,
the contract is settled, or the contract is ended.I2.3 The stakeholder may pay the deposit and any interest into court if it is reasonable to do so.
GST13.1 The purchaser does not have to pay the vendor any GST payable by the vendor in respect ofa taxable
r.rpply made under this contract in addition to the price unless the particulars of sale specify that the
price is 'plus GST'. However the purchaser must pay to the vendor any GST payable by the vendor:
1u) iolely as a result ofany action taken or intended to be taken by the purchaser after the day of
sale, including a change ofuse; or(b) if the particulars of sale specify that the supply made under this contract is a farming business
and the supply does not satisfy the requirements of section 38-480 of the GST Act; or
(c) if the particulars of sale specify that the supply made under this contract is a going concern
and the supply does not satisfy the requirements of section 38-325 of the GST Act.
13.2 The purchaser must pay to the vendor any GST payable by the vendor in respect of a taxable supply
made under this contract in addition to the price if the particulars of sale specify that the price is 'plus
GST"13.3 If the purchaser is liable to pay GST, the purchaser is not required to make payment until provided with
a tax invoice, unless the margin scheme applies.13.4 If the particulars of sale specify that the supply made under this contract is a 'farming business':
(a) the vendor warrants that the property is land on which a farming business has been carried on
for the period of5 years preceding the date ofsupply; and(b) the purchaser warrants that the purchaser intends that a farming business will be carried on
after settlement on the ProPerfY.13.5 If the particulars of sale specify that the supply made under this contract is a 'going concern':
(a) the parties agree that this contract is for the supply ofa going concern; and(b) the purchaser warrants that the purchaser is, or prior to settlement will be, registered for GST;
and(c) the vendor warrants that the vendor will carry on the going concern until the date ofsupply.
13.6 If the particulars of sale specify that the supply made under this contract is a 'margin scheme' supply,the parties agree that the margin scheme applies to this contract.
13.1 This general condition will not merge on either settlement or registration.13.8 In this general condition:
(a) 'GST Act' means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and(b) 'GST' includes penalties and interest.
14. Loanl4.l If the particulars of sale specify that this contract is subject to a loan being approved, this contract is
subject to the lender approving the loan on the security ofthe property by the approval date or any laterdate allowed by the vendor.
14.2 The purchaser may end the contract if the loan is not approved by the approval date, but only if thepurchaser:(a) immediately applied for the loan; and(b) did everything reasonably required to obtain approval of the loan; and(c) serves written notice ending the contract on the vendor within 2 clear business days after the
approvai date or any later date allowed by the vendor; and(d) is not in default under any other condition of this contract when the notice is given.
14.3 All money must be immediately refunded to the purchaser if the contract is ended.
15. Adjustments15.l All periodic outgoings payable by the vendor, and any rent and other income received in respect ofthe
property must be apportioned between the parties on the settlement date and any adjustment paid andreceived as appropriate.
15.2 The periodic outgoings and rent and other income must be apportioned on the following basis:(a) the vendor is liable for the periodic outgoings and entitled to the rent and other income up to
and including the day of settlement; and(b) the land is treated as the only land of which the vendor is owner (as defined in the Land Tax
Act 2005): and(c) the vendor is taken to own the land as a resident Australian beneficial owner; and(d) any personal statutory benefit available to each party is disregarded in calculating
apportionment.
TRANSACTIONAL
16. Time16.1 Time is of the essence of this contract.16.2 Time is extended until the next business day if the time for performing any action falls on a Saturday,
Sundav or bank holidav.
17. Service17.l Any document sent by post is taken to have been served on the next business day after posting, unless
proved otherwise.17.2 Any demand, notice, or document required to be served by or on afiy party may be served by or on the
legal practitioner or conveyancer for that party. It is sufficiently served if served on the party or on thelegal practitioner or conveyancer:(a) personally; or(b) by pre-paid post; or(c) in any manner authorised by law or the Supreme Court for service of documents.
18. NomineeThe purchaser may nominate a substitute or additional purchaser, but the named purchaser remains personallyliable for the due performance ofall the purchaser's obligations under this contract.
19. Liabitity of signatoryAny signatory for a proprietary limited company purchaser is personally liable for the due performance of thepurchaser's obligations as ifthe signatory were the purchaser.
20. GuaranteeThe vendor may require one or more directors of the purchaser to guarantee the purchaser's performance of thiscontract if the purchaser is a proprietary limited company.
21. NoticesThe purchaser is responsible for any notice, order, demand or lely imposing liability on the property that isissued or made on or after the day of sale that does not relate to periodic outgoings. The purchaser may enterthe property to comply with that responsibility where action is required before settlement.
22. InspectionThe purchaser and/or another person authorised by the purchaser may inspect the property at any reasonabletime during the 7 days preceding and including the settlement day.
23. Terms contract23.1 If this is a 'terms contract'as defined in the Sale of Land Act1962:
(a) any mortgage affecting the land sold must be discharged as to that land before the purchaserbecomes entitled to possession or to the receipt ofrents and profits unless the vendor satisfiessection 6(l) and 6(2) ofthe Sale ofLand Act1962; and
(b) the deposit and all other money payable under the contract (other than any money payable inexcess of the amount required to so discharge the mortgage) must be paid to a legalpractitioner or conveyancer or a licensed estate agent to be applied in or towards dischargingthe mortgage.
23.2 While any money remains owing each of the following applies:(a) the purchaser must maintain full damage and destruction insurance of the property and public
risk insurance noting all parties having an insurable interest with an insurer approved inwriting by the vendor;
(b) the purchaser must deliver copies of the signed insurance application forms, the policies andthe insurance receipts to the vendor not less than 10 days before taking possession of theproperty or becoming entitled to receipt of the rents and profits;
(c) the purchaser must deliver copies of any amendments to the policies and the insurance receiptson each amendment or renewal as evidence of the status of the policies from time to time;
(d) the vendor may pay any renewal premiums or take out the insurance if the purchaser fails tomeet these obligations;
(e) insurance costs paid by the vendor under paragraph (d) must be refunded by the purchaser ondemand without affecting the vendor's other rights under this contract;
(0 the purchaser must maintain and operate the property in good repair (fair wear and tearexcepted) and keep the property safe, lawful, structurally sound, weatherproof and free fromcontaminations and dangerous substances;
(g) the property must not be altered in any way without the written consent of the vendor whichmust not be unreasonably refused or delayed;
(h) the purchaser must observe all obligations that affect owners or occupiers ofland;(i) the vendor and/or other person authorised by the vendor may enter the properly at any
reasonable time to inspect it on giving 7 days written notice, but not more than twice in a year.
24. Loss or damage before settlement24.1 The vendor carries the risk of loss or damage to the property until settlement.24.2 The vendor must deliver the property to the purchaser at settlement in the same condition it was in on
the day ofsale, except for fair wear and tear.24.3 The purchaser must not delay settlement because one or more of the goods is not in the condition
required by general condition 24.2,but may claim compensation from the vendor after settlement.24.4 The purchaser may nominate an amount not exceeding $5,000 to be held by a stakeholder to be
appointed by the parties if the property is not in the condition required by general condition 24.2 atsettlement.
24.5 The nominated amount may be deducted from the amount due to the vendor at settlement and paid tothe stakeholder, but only if the purchaser also pays an amount equal to the nominated amount to thestakeholder.
24.6 The stakeholder must pay the amounts referred to in general condition 24.5 in accordance with thedetermination of the dispute, including any order for payment of the costs of the resolution of thedispute.
25. BreachA party who breaches this contract must pay to the other party on demand:(a) compensation for any reasonably foreseeable loss to the other party resulting from the breach; and(b) any interest due under this contract as a result ofthe breach.
DEFAULT
26. InterestInterest aI a rate of 2%o per annum plus the rate for the time being fixed by section 2 of the Penalty InterestRates Act 1983 is payable on any money owing under the contract during the period of default, withoutaffecting any other rights ofthe offended party.
)1 Default notice27 '1 A party is not entitled to exercise any rights arising from the other party's default, other than the right
to receive interest and the right to tu. for money-owing, until the other party is served and fails tocomply with a written default notice.
27.2 The default notice must:(a) specify the particulars ofthe default; and(b) state that it is the offended party's intention to exercise the rights arising from the default
unless, within 14 days of service of the notice_(i) the default is remedied; and(ii) the reasonable costs incurred as a result ofthe default and any interest payable are
paid.
Default not remedied28'1 All unpaid money under the contract becomes immediately payable to the vendor if the default has
been made by the purchaser and is not remedied and the costs and interest are not paid.28.2 The contract immediately ends if:
(a) the default notice also states that unless the default is remedied and the reasonable costs andinterest are paid, the contract will be ended in accordance with this general condition; and
(b) the default is not remedied and the reasonable costs and interest arI not paid by the end oftheperiod ofthe default notice.
28.3 Ifthe contract ends by a default notice given by the purchaser:(a) the purchaser must be repaid any money paid under the contract and be paid any interest and
reasonable costs payable under the contract; and(b) all those amounts are a charge on the land until payment; and(c) the purchaser may also recover any loss otherwiie recoverable.
28.4 Ifthe contract ends by a default notice given by the vendor:(a) the deposit up to l0% ofthe price is forfeited to the vendor as the vendor's absolute property,
whether the deposit has been paid or not; and(b) the vendor is entitled to possession ofthe property; and(c) in addition to any other remedy, the vendor may within one year of the contract ending either:
(i) retain the property and sue for damages for breach ofcontract; or(i1) resell the property in any manner and recover any deficiency in the price on the
resale and any resulting expenses by way ofliquidated damiges; and(d) the vendor may retain any part of the price paid until the vendor's damages have been
determined and may apply that money towards those damages; and(e) any determination of the vendor's damages must take into account the amount fbrfeited to the
vendor.28'5 The ending of the contract does not affect the rights of the offended party as a consequence of the
default.
SPECIAL CONDITIONS
28.
SCHEDULE OF CHATTELS
All fixtures and fittings as inspected including:
LIVING AND DINING AREA
3 piece sofawood and glass coffee tableTV and DVD playerTV CabinetSide drawer unitTall lamp1 wooden chair/ladder convert2 Bar stools1 Coat rack1 Black and White flower print with glass1 Oval, gold wall mirror1 small round wall mirror1 large gold framed rectangular mirror1 wood and glass dining table6 dining chairs, with pads1 wooden side board table unit with glass2large canvas prints1 small canvas print1 antique wooden table with drawer1 tall wood and glass cabinet with books1 tiny flower print
KITCHEN
1 FisherPaykel Fridge and freezer1 Microwave Sharp
MAIN END BEDROOM
1 Double bed and base1 dressing table - 3 drawer1 leather chair1 large drawer unit - wooden (g drawers)5 framed pictures1 black lamp base and shade
2ND BEDROOM
2 King Sized Single beds and bases1 bedside table with drawer2 long narrow wood framed wall mirrors1 wooden bookcase, with drawers1 large glassed print - Paris2 smaller framed art works1 black lamp base and shade
BATHROOM
1 small print on wall.
SALE OF LAND ACT (the Act) - SECTION 32
VENDOR'S STATEMENT TO THE PURCHASER OF REAL ESTATE
VENDOR: PETA JANEGILLINGHAM
GILLINGHAM AND TIMOTHY HOWARD
PROPERTY: UNIT 58,27-37 RUSSELL STREET, MELBOURNE 3000
IMPORTANT NOTICE TO PURCHASERS
The use to which you propose to put the property may be prohibited by planning or
building controls applying to the locality or may require the consent or permit of the
municipal council or other responsible authority. It is in your interest to undertake a
proper investigation of permitted land use before you commit yourself to buy. You
should check with the appropriate authorities as to the availability (and cost) of
providing any essential services not connected to the property.
The property may be located in an area where commercial agricultural production
activity may affect your enjoyment of the property. It is therefore in your interest to
undertake an investigation of the possible amenity and other impacts from nearby
properties and the agricultural practices and processes conducted there.The Purchaser acknowledges that:(t) If the Purchaser defaults in payment of any money due under this Contract, then interest at the rate
of twenty per centum (20%) per annum shall be paid on demand by the Purchaser to the Vendor
upon the money overdue. The said interest shatt be computed from the due date herein provided for
the payment of the said money until such monies are paid.(ii) If tfie Purchaser fails to complete the purchase of the property on the due date under this Contact,
the Vendor will or may suffer additional losses and expensesl and(iii) The losses and expenses described in paragraph (b) are agreed to be reasonably foreseeable and shall
be deemed to be "reasonable expenses" for the purposes ofgeneral condition 7(a) ofthis Contract;
The Purchaser in addition to the interest chargeable under this Contract shall pay or reimburse the Vendor
on demand for:-(i) Interest charges and other expenses payable by the Vendor as Mortgagor under any existing
mortgage, charge or any other like encumbrance over the property calculated from the due date for
settlement;(ii) Legal costs and expenses as between solicitor and client;(iii) Loss of rent the Vendor may sustain as a result of the detayed settlement, from the Contract
settlement date to the actual settlement date caused by the Vendor having given the Tenant notice to
vacate the property in anticipation of settlement occurring on the Contract settlement date;
(iv) Fees paid for removalist expenses as a result of delayed settlement;(v) Penalty interest incurred by the Vendor as a result of the Vendor's delayed settlement of a property
that the Vendor has purchased that was:(a) Due to have settlement on the same date as the Vendor's sale property and/or;(b) Was to have utilised the proceeds of the sale properff.
1. RESTRICTIONS - Details of any registered or umegistered easement, covenant, caveat
or other similar restriction affecting the property are set out in the affached copies of
Title documents.
To the best of the Vendor's knowledge there is no existing failure to comply with the
terms of any easement, covenant, caveat or similar restriction.
2. PLANNING AND ROAD ACCESS - Details of any planning instruments affecting the
land are as follows:
NAMERESPONSIBLE AUTHOzuTYZONING/RESERVATION
Melboume Planning SchemeCity of MelbourneCapital City Zone - Schedule 1
There is access to the property by road.
-2-
3. OUTGOINGS AND STATUTORY CHARGES - Details concerning anyrates, taxes orother similar outgoings (including any Owners Corporation charges) and any interestpayable on any part ofthem are
AUTHOzuTY AMOLINT INTERESTCity of Melbourne I,I44.48Yana Valley Water 156.96Owners Corporation I Plan 326868 936.60 quarterlyOwners Corporation 2P1an326868 607.80 quarterly
Amounts for which the purchaser may become liable in consequence of the sale: Nil
Total outgoings do not exceed $10,000.00
Amount owing under any other registered or unregistered statutory charge that securesan amount due under any other legislation: Nil
4. SERVICES Avail. Connected Authority4.1 Electricity Yes Yes Truenergy
4.2 Gas Yes No4.3 Water Yes Yes City West Water4.4 Sewerage Yes Yes City West Water4.5 Telephone Yes Yes Telstra or similar
5.1 BUILDING APPROVALS - No building permit has been granted during the past sevenyears under the Building Control Act 1981 or Building Act 1993.
5.2 GUARANTEE - Details of an owner-builder under the House Contracts Guarantee Act1987 in the preceding seven years.
Nil.
5.3 INSURANCE - Details in the preceding six years in the case of a residence to whichs137B of the Building Act 1993 applies.
Nil.
6. NOTICES - Particulars of any notice, order, declaration, report or recommendation of apublic authority or govemment department or approved proposal affecting the propertyof which the Vendor might be reasonably expected to have knowledge, including:
6.1 if there is a Owners Corporation, affecting it and its contingent, proposed orother liabilities, including those relating to repairs;
6.2 quarantine or stock order imposed under the Agricultural and VeterinaryChemicals (Control of Use) Act 1992 (whether or not the quarantine or order isstill in force) -
6.3 notice pursuant to Section 6 of the Land Acquisition and Compensation Act1986;
None to the Vendor's knowledee
-3-
BUT NOTE: The Vendor has no means of knowing of all decisions of Public Authorities andGovernment Departrnents affecting the property unless communicated to theVendor.
7. OWNERS CORPORATION - If the land is affected by an owners corporation withinthe meaning of the Owners Corporations Act 2006.
(a) a copy of the current owners corporation certificate issued in respect of theland under the Owners Corporation Act 2006; and
(b) a copy of the documents required to accompany the owners corporationcertificate under section 151(4Xb) of the Owners Corporations Act 2006.
As per attached.
8. TITLE - Copies of relevant Title documents are attached.
DATE OF STATEMENT:
Vendor's Sienature:
The Purchaser acknowledges being given a copy of this statement signed by the Vendorbefore the Purchaser signed any Contract.
DATE OF ACKNOWLEDGMENT:
Purchaser's Signature:
PLEASE NOTE that where the property is to be sold on terms pursuant to Section32(2)(f) of the Act and/or sold subject to a mortgage that is not to be discharged by thedate of possession (or receipt of the rents and profits) of the property pursuant to Section32(2)(a) of the Act - then the Vendor must provide an additional statement containing theparticulars specified in Schedules I and 2 of the Act.
DATED 2009
PETA JANE GILLINGHAM AND TIMOTHY HOWARD GILLINGHAM
VENDOR'S STATEMENT
Property: Unit 58, 27-37 Russell Streeto Melbourne 3000
Russo & Russo Pty LtdSolicitors
150 SydneyRoadBrunswick 3056
Tel: 9387 8022DX: 95615 Brunswick
Fax: 9387 5604Ref: PR:EH:2009123
ffiTffi iu "o" o'0"'number is 4480844't5,i?:i"14::%"lJiJ:li:l'3i,,il?l:1i5J3!ltJ'ins under this order for 120 davs
Register Search Statement - Volume 10187 Folio 5712510512009 09:19:12
Copyr ight State of Victor ia. This publ icat ion is copyr ight .I \T^ h.r l - marr ' l - ra ronrndrrced hrr :n *--y process except in accordance withl - he nrorr i s ions c€ rL^
-^- . - - - r ^L! A. ' f nr nrrrsrrenl- tO a Wri t tenLrre p!vv roavrro u! Lrrg vvyy!rYrrL nuu v! I /u!
agreement. The informat ion is only val id at the t ime and in the formobtained from the LANDATA REGD TM System. The State of Victor iaaccepts no responsibi l i ty for any subsequent rel-ease, publ icat j -on orreproduct ion of the informat ion.
REGISTER SEARCH STATEMENT (TiTle Search) Transfer of LANd ACT 1958
VOLUME 10187 FOLIO 571
LAND DESCRIPTION
Secur i ty no : I24029832842CProduced 25/05/2009 09:18 am
Land Act 1958 or Sect ionshown or enLered on t.he
Lot 58 on Pfan of Subdiv is ion 326868M.PARENT TITLE Vol-ume 10171 Fo] io 589Created by instrument PS326868M Stage 2 16/09/L994
REGISTERED PROPRIETOR
Estate Fee Simple,Tni n l - Prnnr i Ff . rS
TIMOTHY HOWARD GILLINGHAMPETA JANE GILLINGHAM both of 61 STANLEY STREET NETLANDS WA 6009AC6175r-3M 2r / 01, / 2004
ENCT]MBRANCES, CAVEATS AND NOTICES
Anv encumhrances r : rea1_ed bw Sect ion 98 Transfer of24 Subdiv is ion Act 1988 and any other encumbrancesnl :n sef orr t under DIAGRAM LOCATION bel-ow.
AGREEMENT Section 1-73 PLANNING AND ENVIRONMENT ACT 1987T21,r9r6Y 25 / 07 / L994
AGREEMENT SecLion 55A BU]LDING CONTROL ACT ]-981u306943C !2/07 /L996
D]AGRAM LOCATION
SEE PS326B68M FOR FURTHER DETAILS AND BOUNDARIES
ACTIVITY IN THE LAST 125 DAYS
N]L
----END OF REGISTER SEARCH STATEMENT
Addit ional informat ion: (not part of the Register Search Statement)
OWNERS CORPORATIONS
The fand in th is fo l i -oOWNERS CORPORATIONOWNERS CORPORATTON
DOCT]MENT END
is af fected by1 PLAN NO. PS326868M2 PLAN NO. PS326B6BM
Delivered by LANDATA@. Land Victoria timestamp 25n5n009 09:20 Page 'l of 10@ State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyrightto a written agreement. The information is only valid at the time and in the form obtained from the LANDATAO System. The State of Victoria accepts n(for any subsequent release, publication or reproduction of lhe information
'l ..I' I
I llfitl[$,illi$ $Tiloltttt Jr't}llift,tr}'r ran*'{ \
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lnI vICToRtA AppLrcATroN By A REspoNsIBLE
AUTHORITY under Section 181 Planning
(
IIIIl (i
and Environment Act 1987 for ENTRY OFA MEMORANDUM OF AGREEMENTunder Section 173 of the Act.
The Responsible Authority under the planningAgreement with the parties named for thememorandum of the Agreement be entered on thereferred to.
Scheme having entered into anland described requires that aCertificate(s) of Title to the land
LAND (insert Certificate of Title Volume and Folio):totTl 496*
The whole of the land describedin Certificatelof Title Volume dHFFolidffi6et ( br. )
4 setP.;a,.< ti/&iab);ADDRESS OF THE LAND:27-37 Russell Street Melbourne
RESPONSIBLE AUTHORITy: tr,;.:,iir;,j
t:;'tr'
Melbourne City Council of Town Hall, Swanston Street, Melbourne
PLANNING SCHEME:
Melbourne Planning Scheme
AGREEMENT DATE:
16* 6c-1 tqc.l
AGREEMENT WITH (name and address):The Cavendish Apartments Pty Ltdof I-evel 5 Challenge Tower459 Collins Street Melbourne
A coPY oF THE ACREEMENT Is ATTACHED To THIS APPLICATIoN
Signature for the Reqponsible Authority
Name of Officer
t-:::* ."'
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c>.. _) ( __z\-\\>J._>\
;;;;;;;;";";.>"0lTdfif tfalf Si'ltngtdn Eabbu f rtoltsoufnq
A Solicltor holdlng a curicrtPtactlslng Cerlillcalo Pur0uant Ii .'..tLegal Protesglgq Ftagtlco Act 1933'
LV€ 6lph,
i..i
,?r//,y
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Delivered by LANDATA@. Land Vicloria timestamp 25l05njjg 09:20 Page 2 of 10
' , ,* f t* l - , . . , " - . - . . .
I
ri
I
I
MELBOURNE CITY COUNCIL
and
THE--CAVENDISH APARTMENTS PTY LTDACN 007 ll0 278
-AGREEMENT
McDONALLMceOifBarristcrs & Solicitors
hvel 5, Challenge Tower459 Collins Street
MELBOURNE VIC AUST 3OOO
Telcphone: (03) 629-4288Facsimile: (03) 629-4388
Ref: GWjb
tIIIt' I
' ' : : .1{
Delivered by LANDATA@. Land Victoria timestamp 25n5f2}09 09:20 Page 3 of 10
., '"stf l& io ' "***"rorr i , . . , , , , , . **.-. .
THIS QEFD OF AGREEMENT is made the
BETWEEN:
MELBOUBNE CITY GOIINCILof Town Hall, Swanston Street, Melbourne, Vlct tit,,9,.9€fl *,rr$r' r: o :: rjr cE
' l - . i \ ,1 ' r - r ' : t '("the Council') of the one Part i - t \ ' ' l i : . ; '
AND
THE CAVENDIqH APARTMENTS PTY LT-QA.C.N. O07 110 278
of Level 5, Challenge Towar, 459 Collins Street, Melbourne, 3000("the Owner") of the other Part
IIIfHEREAS:
A. The Council ls and at all material tlmes has been a responsible authoritywith respect to the administration and enforcement of the MelbournePlanning Scheme.
B. The owner is registered or entitled to be registered as the proprietor of anestate in fee simple in the land known as 27-37 Bussell Street, Melbournebeing the whole of the land more particularly described in Cedificate of TitleVolume 4850 Folio 888.
C. planning Permit No. TP 93996 was issued by the Council on the 26th ofAugust, 1gg3 ("the Permit") permitting alterations and additions to thebuilding on the Land and use of the upper floors for residential purposes lnaccordance with endorsed plans, subject to some 11 conditions.
D. Condition 3 of the Permit provides that:
The Owner of the land shall enter into an agreement under the Planning andEnvironment Act 1987 with the Responsible Authority if the developmentincludes windows or balconies to any adjolning built boundary:
(i) to provide for the protection of the adjoining buildlng;
(ll) to provide for the removal of the windows andlor balconies ifnecessary when the adjoining property is further developed.
The cost of preparation of this agreement shall be borne by the owner of theland.
E. This Agreement is made pursuant to the provisions of Dlvision 2 of Part 9 ofthe Act and any other powers the parties enabling. ,/
' : -
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Delivered by LANDATA@. Land Vicloria timestamp 25n5njog 09:20 Page 4 of 10
F. The Partles agree and acknowledge that the provislons of this agreementare intondod to achieve and advance the objectives of planning in Victoriaand the objectives of the planning scheme and any matters incidentalthereto.
IT IS AGREED:
1. DEFINED TEHMS
In this Agreement unless the contrary intention appears-
"the Act" means the Planning and Environment Act 1987.
'Owner" means the person or persons entitled from time to time to beregistered by the Registrar of Titles as Proprietor or proprietors of anestate in fee simple in the Land or any part of it.
"the Permit" means Planning Permit No, 93 996 issued by the Councilon 26 August 1992 and any amendment to that permit,
A reference to a person includes a reference to a firrn, corporation orother corporate body,
"Land" means the land described in recital "8" or any part of that land.
Words importing the singular include the plural and vice versa andwords importing the masculine include the feminine and neuter.
A reference to any act of Parliament or section thereof or schedulethereto shall be read as if the words "or any statutory modification orre-enactment thereof or submission therefore" were added to thereference.
Where a word or phrase is given a particular meaning, other pafts ofspeech and grammatical forms of that word or phrase havecorresponding meanings,
HEADINGS AND TABLE OF CONTENTS
The headings to thls Agreement are inserted for ease of reference only anddo not affecl the interpretation of this Agreement.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
: i l r j t r : r . : j " - : 1'il;1]j_lEwTii"i" l:: T ': .iil1ri:i)-].!.
'"'"'f--l ^f ,**"".
Defivered by LANDATA@. Land Victoria timestamp 251O5t2O09 09:20 Page 5 of 10
3
COMMENCEMENT OF AGFEEMENT
This Agreement shall be deemed to come into force and effect as from thedate of thls Agreement and the benefit and burden of this Agreement shallrun with and be annexed to the Land.
SUCCESSOBS IN TITLE
Without limiting the operation or effect which thls Agreement has the Ownershall until such time as a memorandum of this Agreement is registered onthe title to the Land ensure that the Owner's successors in title:-
4.1 give effect to and do all acts and sign all documents which will requlrethose successors to give etfect to this Agreement; and
4.2 execute under seal a deed agreeing to be bound by the terms of thisAgreement and upon such execution this Agreement shall continue asif executed by such successors as well as by the parties to thisAgreement as if the successor's name appeared in each clause inwhich the name of the Owner appears and in addition to the name ofthe Owner,
PRINCIPAL OPERATIVE CI.AUSE
The owner covenants and agrees that:-
5.1 it will at all times comply with the conditions of the Permit;
5.2 lf the development carried out under the Permit provides for windowsand/or balconies fronting any adjoining land, it will:
5.2.1 when and as required by the Council, provide protection worksto any buildings or works on the adjoining land to the approvaland satisfaction of the Council; and
5.2.2 except where the prior written approval of the Council has firstbeen obtained, remove the windows and balconies fronting theadjoining land upon the development or redevelopment of theadjoining land with buildings and/or works to a height equal toor greater than the development carried out on the Land underthe Permit, to the approval and satisfaction of the Council.
5.3 it will bring this Agreement to the attention of all prospectivepurchase rs, mortgag ees, transfe rees and assigns ;
3.
4.
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Delivered !y LANDATA@. Land Victoria timestamp 2slO5POOg 09:20 Page 6 of 10
5.5
7.1.1
7.1.2
5.4
4
It will carry out and comply with the requirements of allstatutory authorities in relation to the development of the Landand comply with all statutes, regulations, by-laws, local lawsand planning controls in relation to the Land;
it will do all things necessary including the signing of anyfurther agreements, undertaklngs, covenants and consents,approvals or other documents necessary for the purpose ofensuring that the Owner carries out the Owner's covenants,agreements and obligations under this Agreement to enableCouncil to enforce the performance by the Owner of suchcovenanls and undertakings;
to lessen or otherwise modify or vary or affect In favour of anypafi the obligations of that party; or
to stay, postpone or othenrise prevent or prejudicially affect-
the exercise by a party of all or any of the rights, powers andremedies conferred on the party by this Agreement are herebyexpressly negatived and excluded from this Agreement'
6. WAIVER
Any waiver of any provision; or
a waiver by any party of a breach of another party of any covenantobligatlon or provision in this Agreement contained or implied;
shall not operate as a waiver of another or continuing breach of the same orof any other covenant obligation or provlsion in this Agreement contained orimplied.
MORATORIUM
To the fullest extent to which it may from time to time be lawful so to do theprovlsions of all statutes (including moratorium statutes) whether nowexisting or hereafter to come into force and operating directly or indlrectly:-
7.
COUNTERPARTS
8.1 This Agreement may be executed in any number of counterparts eachof which when so executed shall be deemed to be an original andsuch counterpafts shall together constitute but one agreement.
:.:., j ,:-::. :
Delivered by LANDATA@. Land Vicloria timestamp 2SnSnOOg 09:20 Page 7 of 10' i - - : . - . . - - . r :T-- i - :1 i . . -
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To:At:
Attention:
9.
5
8.2 Each party shafl execute and complete all deeds and documents anddo all things as may be required to perfect the transactions intendedto be effected under or pursuant to this Agreement.
GOVERNING LAW
This Agreement tal<es effect, is governed by and shatl be construed inaccordance with the laws from time to time in force in the State of Victoria.
READING DOWN
10,1 lf any provision of this Agreement is void, voidable or unenforceablethe Agreement or the provision shall be read down to the extentrequired to give the provision legal effect.
10.2 lf this Agreement is otherwise rendered void, voidable orunenforceable by reason of the inclusion of any severable provislon ofthe Agreement the provision shalt be struck out or read down to theextent required to give this Agreement legal effect.
NOTICES
11.1 Any notice, consent, offer, demand, request or other instrumentrequired or authorised to be given or served upon a party pursuant tothis Agreement shafl be in the English language and in writing andrnay be given by telex, telegram, facsimile, post or hand to that partaddressed as follows:
To the Council:To:At:Attention:
The Chief Executive OfficerTown Hall, Swanston Street, MelbourneManager - City Planning and Development
To the Ownen The Cavendish Apartments Pty Ltd
10.
11.
C/* McDonald McCoyLevel 5, Challenge Tower459 Gollins Street, MelbourneGabriel Werden
11.2 An instrument given or served in accordance with clause 9.1 isdeemed to have been received-
in the caso of an instrument given or served by telex,telegram or facsimile, on the day following the dispatch;
11.2.1
_..r : i r i " : . r ' - ' - : , - , : ":.f-t-El EEFrFl{- -i.1.:i -, -r..t::,r;s#
Delivered by LANDATA@. Land vrctoria timestamp 2sns2oog 09:20 page I of 10
11.2.2
11.2,3
6
In the case of an instrument given or seryed by post toan address in the same state in which it is posfed, onthe second day following the day of posting;
ln the case of an instrument given or served by hand, atthe time of detivery.
12. ENTIBE AGREEMENT
This Agreement contains the entire understanding of the parties and there isno other understanding, agreement, warranty or representation, whetherexPress or implied in any way extending, defining or otherwise rela1ng to theprovisions hereof or binding on the Pafiies hereto with respect to the mattersto which this Agreernent relates.
13. PLANNING AND ENVIHONMENT ACT
13.1 This Agreement is made pursuant to Section 113 of the planning andEnvironment Act 1987 and the Parties acknowledge and agr*J thutthe obligations imposed on the Owner hereunder are intendeC to tafeeffect as covenants which shall be annexed to and run at law and inequity with the Land and bind the owner, the owner,s successors,assigns and transferees, the registered proprietor or proprietors forthe time being of the Land and every part thereof
13.2 The Owner will consent to the Council making application to theBegistrar of ritles to make a recording of thii Agreement in theFlegister on the folio of the Register which relates to the Land inaccordance with Section 181 of the Act and do all things necessary toenable the Councll to do so including signing any further agreemlnt,acknowledgment or document or pro-uring the consent to thisAgreement of any mortgagee or caveator to enable the recording tobe made in the Register under that Section,
14. COSTS
The Owner shall forthwith pay on demand to lhe Council the Council's costsand expenses (including legal expenses) of and incidental to:
14.1 this Agreement and any amendments of this Agreement and anythingdone in connection with this Agreement lncluding anything done inanticipation of thls Agreement and the enforcemint of any obligationsimposed on the Owner;
:":i';,
Delivered bv LANDATA@. Land Victoria timestamp 2SnEnOOg 09:20 Page 2 of 6
flc
THE CAVENDISH APART]VIENTS PTY LTD(ACN 007 110 ?7t)
-and-
SECTION 55A AGREEMENT
McDONALD-McCOYBarristers & Solicitors
I-evel 5, Challenge Tower459 Collins Street
MELBOURNE VIC AUST 3OOODX 30968 MELBOURNE STOCK EXCHANGE
Telephone: (03> 629-4288Facsimile: (03) 629-4388
Ref: GW:jb193.3.9'l
i u0771048080296 1035 MISC S29
u306943C
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'1 ,Delivered bY LANDATA@Land Mctoria timestamp 2510512009 09:20 Page 3 of 6
' "*--N tll"dii iiFiE EA B LE
of Level 5,
Challenge Tower, +Sg Coil ins Streei Melbourne in the State of Victoria ("the
Owner")
AND
MELBOURNE CITY CqUNC!L. of Town Hall, swanston street, Melbourne in the
said State ("M.C.C.")
WHEREAS:- :
A. The Owner is registered or entit led to be registered as the Proprietor of
the land situate at and known as 27-37 Russell Street, Melbourne' being
the whote of the tand more part icularly described in Cert i f icate of Tit le
Volume 4850 Fol io 888 ( ' i the Land").
B. Buildings on the Land are in the process of being added to' The f inished
work wil l be used as a mutt i-storied residential development.
C. part of the works involves the location of windows on the $outh facing
boundary of the development and a requirement has been made that the
owner enters into a section 55A Agreement for the purpose of ensuring
that normal development of the land abutting the above windowed
boundary is not hindered because of the presence of the said ,windows'
sEcTlpN.EsA AGREEMENT @
rffineeruer,ry is made the gir<) 27 dav of s#' rcsxyp^rrs"a"t t" S"tiion SSn ot the builging*goJgglA$Jgq1 as amended ("the
Act" ). i Nol' chtAHEEArlLL. WITH
,1 ST}\MP DUTY -:-"
BETWEEN; I t t t )c l 1994
| **r''T'rr nfitF'lluE SFFIOEI ' '- -i",i,5;1i3'6i.i1
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Delivered by- LANDATA@. Land Victoria timestamp 25n5no1g 09:20 Page 8 of 1 0
12.
11.2.2
6
in the case of an instrument given or seryed by post toan address in the same state in which it is posted, onthe second day following the day of posting;
In the case of an instrument given or seryed by hand, atthe time of delivery.
11.2.3
ENTIBE AGREEMENT
Thls Agreement contains the entire understanding of the Parties and there isno other understanding, agreement, warranty or representation, whetherexpress or implied in any way extending, defining or otherwise relating to theprovisions hereof or binding on the Parties hereto with respect to the mattersto which thls Agreement relates.
PLANNING AND ENVIHONMENT ACT
13.1 This Agreement is made pursuant to Section 173 of the Planning andEnvironment Act 1987 and the Pafiies acknowledge and agree thatthe obligations imposed on the Owner hereunder are intended to talreeffect as covenants which shall be annexed to and run at law and inequity with the Land and bind the Owner, the Owner's successors,assigns and transferees, the registered proprietor or proprietors forthe time being of the Land and every part thereof'
13.2 The Owner will consent to the Council making application to theBegistrar of Titles to make a recording of this Agreement in theRegister on the folio of the Reglster which relates to the Land inaccordance with Section 181 of the Act and do all things necessary toenable the Council to do so including signing any further agreement,acknowledgment or document or procuring the consent to thisAgreement of any mortgagee or caveator to enabla the recording tobe made in the Reglster under that Section,
cosTs
The Owner shall forthwith pay on demand to the Council the Council's costsand expenses (including legal expenses) of and incidental to:
14.1 this Agreement and any amendments of this Agreement and anythingdone in connection with this Agreement lncluding anything done inanticipation of this Agreement and the enforcement of any obligationsimposed on the Owner;
13.
' i.:i ':: ::, ,:: l.'.'::'1,
' lDelivered by LANDATA@. Land Victoria timestamp zslllno0g 09:20 Page 2 of 6
THE CAYENDISH APARII\,IENTS PTY LTD(ACN 0{n Uo 27E)
-and-
MEL.FOIJRNE' C ITY C.(lrlN prl,
. '6. :
SECTION 55A AGREEMENT
McDONALD McC-QYBarristers & Solicitors
Level 5, Challenge Tower459 Collins Street
MELBOURNE VIC AUST 3OOODX 30968 MELBOURNE STOCK EXCHANGE
Telephone: (03> 629-4288Facsimile: (03) 629-4388
Ref: GW:jb193.3.97
; u077il04B080296 1035 MISC S29
u306943C12079q 0958 M|SC $14
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Delivered LANDATA@Land Victoria timestamp25lO5D009 09:20 Page 4 of 6
0
NOw THIS AGHEEMFNT WITIIIESSETH AS FOLTOW$:-
1. The parties confirm the Recitals to this Agreernent.
2. This Agreement is made pursuant to Section 55A of the Act. ,/
3, M.C.C. and the Owner acknowlgdge' and agree that the obligations
imposed upon the Owner hereunder are intended to take effect as
covenanrs which shall be annexed to and run at law and in equity with
the Land and by the Owner, the Owner'S successors, aSsignees and
transferees the registered proprietor or proprietors for the t ime being of
the Land and everY Part thereof.
4. An application shall be made by M.C.C. to the Registrar of Tit les for the
entry of a Memorandum of this Agreement on the said Certif icates of
Title to the Land.
5. The Owner hereby covenants that i t shall i
(a) as required as part of any Building Approval and as part of the
development install appropriate fire protection for any windows and
external walls which are located within three metres of a fire
source feature and such protection shall ' i f so required include
drench sprinkters; I uo77lo4''_
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De|ivered bv [email protected] Victoria timeslamp 2510512009 09:20 Page 5 of 6
t;3
6.
tbl maintain such fire protection of windows at its own expense unless
and unti l the windows are removed in accordance with Clause 6.
In the event that : -
(a) as part of the Works the Owner erects a building with windows
above the building height of,the adjoining property to the south of
the Land;
at some future date an application for the demolit ion of the exist ing
building on the adjoining property is granted and building approval
is given for the construct ion of a new bui ld ing on such adjoining
property;
the Owner undertakes to M.C.C. and hereby further covenants that i t ,
wil l without delay and to the reasonable satlsfaction of M.C.C.'s Building
Surveyor bring the windows into conformity with the f ire restr ict ion
requirements of the Building Regulations in force at that t ime:
lN WITNESS WHEREOF the parties hereto have hereunto fixed their hands and
seals the day and year first hereinbefore written.
(b)
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'sDelivered by LANDATA@Land Victoria timestamp 25n5D0Og 09:20 Page 6 of 6
Resolution of the Council on the 23rdof November, 1993.
))))
))))
hairperson
Chief Executive Off icer
)
4
THE COMMON SFAL of THE-CAVENDISH.ApARTMEN.TS PTY_LTD (A.pN 007 11o 278)was hereunto affixed in accordance withits Articles of Association in the presence of:
fu/ Director .
$ecretary
I@ of MELBO-URNE CITY COUNCILwas hereto affixed in accordance with the
ffi
u077'1048-
u306943C120796 0958 Mlsc $14
Delivered by LANDATA@. Land Victoria limestamp 25l05l200g 09:20 Page 1 of 1 1@ State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act orpursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA@ System, The State of Victoria accepts noresponsibility for any subsequent release, publication or reproduction of the information
PLAN OF SUBDIVISIONSTAGE NO LTO USE ONLY
EDITI0N tPLAN NUI1BER
PS 326868N
LOCATION OF LAND COUNCIL CERTIFICATION AND ENDORSEI1ENT
PARISH: I1ELBOURNE NORTH
CITY OF I1ELBOURNESECTI0N:5 (PART)
CROl,lN ALLOThENT: 9 (PART)
LTO BASE REC0RD: CHART 7 {3083)
LAST PLAN REFERENCE:TITLE REFERENCE: VOL 1016' [ FOL 999
P0STAL ADDRESSI 27-37 RUSSELT STREET AND(AT Trr f F SUsDrvrSroN) t53-159 FLINoERS LANE
IIELBOURNE SOOO
At16 C0-0RDINATES: E 321 180ttr APPRox. cEltrRs 0F LAD N 5 812 470 zoNE 55IN PLAIII
REF:57/9/31
€uB'Br+rsft'l*8H988- \
OPEN SPACE: . }\
(A} A REOUIREHENT F()R PUBLIC OPEN SPACE UftJ{ SECTIOH 18 OF THE
SUBDIVISION ACT 1988 MS NOT SEEN MDE
(B) THE REOUIREi1ENT MS BEEN *qF*
(c) THE REoulREflENT IS TO BbbllsFIE0 IN STAGE
COUNCIL OELEGATE I\€€$ten-EAt- (\'DATE Jl l 3/199\
-c^-9,
t
RE-CERT!+(FYN0ER SECTIoN 1l(7) 0F THE SUBDIYISI0N AcT 1e88c0uNcroIELE6ArEcouNs'SEALOATE / /
C0UNCIL NltflE:
I1} THIS PLAN
CITY OF TGLBOURNE
IS CERTIFIED UNDER SECTION 6 OF THE SUBDIVISION ACT
VESTI.NG OF ROADS OR RESERVESIDENTIFIER COUNCI L/BOOY/PERSON
NIt
NOTAT I ONS
DEpTH LI | I ITATI0N: LOCATI0N 0F BoUNoARIES DEFINED BY BUILDINGS:
DoES NoT APPIY BoUNoARIES SH0I.'N By THTCK CoNTINUoUS LINESARE DEFINED 8Y SUILDINGS
STAGING: INTERIOR FACE: ALL EOUNDARIES
THIS IS A STAGED SUBDIVISIONPLANNTNG pER'lrr N0: i3T!'i.!lii5:il,!1 I,L: fi'', ;[:ffli","J:ii:f, 5l::?,
",6C, 50, ?A,?8,7C,70, 8A,88,8C,80, 9A, 98, 9C'10A, 108' 10(,
SURVEY: & c 0Ht10N PRoPE RTY N0 2 '
THIS PLAN IS BASED ON SURVEYTHIS SURVEY MS BEEN CONNECTED TO PERTIANENT NARKS NO(S)
lN pRocLAIr ' lED SUBVEY AREA N0. LoT lB HAS BEEN OHTTTED FR0M TH|S PLAN.
EASEI1ENT INFORNATIONLTO USE ONLY
FCS4 17 FITTEDSTATEI1ENT OF COHPLIANCEEXEIIPTION STATEI1ENT
RECETVE0 El
1ATE 16 /5t94
LEGEND: A . APPURTENANT EASEi1ENT E - ENCWBERING EASEIlENT R - ENCIJI1BERING EASEI1ENT {ROAO)
EASEI'1ENTS PURSUNT TO SECTION 1212' OF THE SUEDIVISION ACT 1988 APPLY TO THE LAND IN THIS PLAN
EASENENTREFERENCE
PURPOSEI,II DTH
{ IlETRES )0R t6 lN LAND BENEFITED/IN FAVOUR OF
CARR IAGEWAY SEEPLAN
INSTR.1r50877 LAND IN THIS PLA}I
THIS IS AN L.T.O.COMPILED PLAN
CHECIGD zt llls+
illl-* 6*"Ati;;;il; R;;YJ"'lrrit
SHEETl OF 1O SHEETS
CHRIS RUNT]NG &ASSOCIATES Prv rroLAND suRvEYoRs
1:i6 thlon Rood
TowN PLANNERS srrcY#l"ry"".t;31
DEVELOPMENTCONSULTANTS Fox:88864e7
tICENSED SURVEYoR: CHRISToPHER IAN RUNTING
STGNATURE . . . . . DATE 24/3 /91+
REF: 9378A vERStoN: 2
o^TE 31 /3 / 94
C(UI{IL O€L€CATE SIGI{ATINE
ORIGINAL SHEET SIZE A]
Delivered by LANDATA@. Land Victoria timestamp 2510512009 09:20 Page 2 o.f 1.1
PLAN NUI1BER
PS 32685811PLAN OF SUBDIVISION
! ! l
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DIAGRAI1 1GROUND STOREY
t'1-. t-NL Y'
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\COI1HON
PROPERTYN0.1
COHMO N PROPERTY NO,2:
{B/ '
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N0. 1Y\..'
:'">BOUNDARIES OF LOTS ARE DEFINED ON SHEET I
A(m?10N
PROPERTYN0.1
\
x.)c0rf10NPROPERTY
N0. IDIAGRAI1 2EASENENT
STAI RS
SCALE 12250
2.5 5 7.5 10 12.5 15
LENGTHS ARE IN TETRESSHEET 2 OF 11 SHEETS
LICENSED SURVEY0R: CHRISToPHER IAN RUNTING
SIGNATURE . , . . . DATE / /
REF: 93784 VERSI0N: 2Cd,0IC II. DELEGA1E SIGMNNE
CHRIS RUNTING &ASSOCIATES prv rroLAND suRvEYoRS 156 union Rood
rowN PLANNERS s**t#'ulfr13gDEVELOPMENT CONSULTANTS Fo* 6EE 64e7 ORIGINAL SHEET SIZE A3
Delivered by LANDATA@. Land Victoria timestamp 25rc5n009 09:20 Page 3 of 1 1
PLAN NUI1BER
PS 326868t1PLAN OF SUBDIVISION
ul
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DIAGRAN 3FIRST STOREY
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PROPERTY -_\-N0. 1
COHIlONPROPERTY
N0. 2
BOUNDARIES OF L(]TS AREDEFINED ON SHEET 1
, )plAGRArl 4
SECOND STOREYSCALE 1:250
2.5 s 7.s l0 12.5 15
LENGTHS ARE IN I1ETRES SHEET ] OF 10 SHEETS
COITiCIL O€LEGATE S I GTIATURE
LICENSED SURVEYOR: CHRISTOPHER IAN RUNTING
SIGNATURE . . . , ,OATE I /
REF: 93788 VERSION: 4
CHRIS RUNTING &ASSOCIATES rrv rro
LAND suRVEYoRs 156 union Rood
rowN PLANNERS t-*t{f"rlfil33OEVELOPMENT CONSULTANTS Fo* 668 64e7 Ofi IGINAL SHEET SIZE A3
Delivered by LANDATA@. Land Victoria timestamp 2510512009 09:20 Page 4 oI 1 1
PLAN NUNBER
PS 326868t1PLAN OF SUBDIVISION
UI>l
ITIF
xl eoloGlzEl
x'--1 t-$c Y.\
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DIAGRAN 5 \ -,'\'- , )THIRD STOREY
x'y'\'N-L
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PROPERTYN0, 1
BOUNDARIES OF LOTS AREDEFINED ON SHEET 1 A sA-coNv
_)DIAGRAN 6
FOURTH STOREY
5D
6D
SCALE 1 :250
o 2.5 S '1.5 10 12'5 15
LENGTHS ARE IN I1ETRES SHEET 4 OF IO SHEETS
COUICIL O€LEGATE SIGIIAIURE
LICENSED SURVEYOR: CHRIST0PHER IAN RUNTING
SIGNATURE ." ' ' DATE / /
REF: 93788 VERSI0N: +
CHRIS RUNTING &ASSOCIATES Prv uroLAND suRvEYoRS ,**f;fi||8^ii 3?ilTowN PLANNERS - T€r: 6E8 6+9sDEVELOPMENT CONSULTANTS Fox:8886+e7 ORIGINAL SHEET SIZT A3
Derivered by LANDATA@. Land Victoria timestamp 25ro5r2a09 09:20 page 5 0f 11
PLAN OF SUBDIVISION PLAN NUI1BER
PS 32686811
UI
Flt -tc
xl iz
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BOUNDARIES OF LOTS AREOEFINED ON SHEET 1 - BALCONY
\ -.''
DIAGRAI1 8SIXTH STOREY
_)
8D
SCALE 1:2SA2,.5 0 2.5 5 7.5 t0
Llt t l
LENGTHS ARE IN I1ETRES
SHEET S OF 10 SHEETSCHRIS RUNTING &ASSOCIATES pry uroLAND SURVEYORSTOWN PLANNERSDEVELOPMENT CONSULTANTS
156 Union RoodSurey Hils Vic 3127
Tal E88 6495Fo* 888 6497
LICENSE0 SURVEyOR: CHRISTOPHER tAN RUNTING
SIGNATURE . . . . . OATE / /
REF: 93768 VERSI0N: l+
DATE / /
COI'ICIL D€LEGATE SIOTAIlNE
ORiGINAL SHEET SIZE A]
Delivered by LANDATA@. Land Victoria times(amp2510512009 09:20 Page 6 of 1.1
PLAN NUI1BER
PS 32686811PLAN OF SUBDIVISION
UI
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BOUNDARIES OF LOTS AREDEFINED ON SHEET I
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DIAGRAN 1OEIGHTH STOREY
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10c
SCALE l :250
2.5 5 7 .S 10 12.5 15
LENGTHS ARE IN I1ETRES SHEET 6 OF 10 SHEETS
Cq,{IL OEI.ECATE SIOIA1nE
LICENSED SURVEYOR: CHRIST0PHER IAN RUNTING
SIGNATURE . . , . . DATE / /
REF: 93788 VERSI0N: 4
CHRIS RUNTING &ASSOCIATES PrY rroLAND suRvEYoRs
1s6 unlon Rood
TowN PLANNER, tu-.'#ii"rXfrt;33DEVELOPMENT CONSULTANTS Fox;88E0497 ORIGTNAL SHEEI SIZE A3
Delivered by LANDATA@. Land Victoria timestamp 25lO5l2OO9 09:20 Page 7 of 1 1
PLAN
PSNUIIBER
326868r1PLAN OF SUBDIVISION
ROOF
EIGHTH STOREY
SEVENTH STOREY
SIXTH STOREY
FlFTH STOREY
FOURTH STOREY
THIRD STOREY
SECOND STOREY
FIRSI STOREY
GROUND STOREY
COIf]ON PROPERTY NO.I
f+* llT-lfF-lF,- ltF]fF-ll,F, I
DIAGRAI1 IO
DIAGRAH 9
DIAGRAN 8
DIA6RA}1 7
DIACRAI1 6
DIAGRAT1 5
DIAGRA}I 1
DIAGRAI1 3
DIAGRAfl I
BASEIlENT
EtE *tr#
d EN0. I
LEVEL
RUSSELL
DIAGRAI1 2
STREETCOI1I1ON PROPERTY
CROSS SECTION A-A'NOT TO SCALE
| - .l "2A
GROUND STOREY
BASEIlENT
l " " tl j1 j l ,I conmol II PR0PERTY
DIAGRAfl 1
DIAGRAN 2
cRoss sEcttoN g-g'NOT TO SCALE
8C
7C
5C
4C
5L
)A
28
5HEEI 7 OF IOSHEETS
CqJilCIL D€LEGATE SIGMTL,RE
CHRIS RUNTING &ASSOCIATES prY rroLAN0 suRvEYoRS
156 union Rmd
TowN PLANNERS t**tr1%lf;;31DEVELOPMENT CONSULTANTS Fq:8886497
LICENSED SURVEYOR: CHRISTOPHER IAN RUNTING
SIGNATURE . . . . , DATE / /
REF: 9378C VERSI0N: 1ORIGINAL SHEET SIZE A3
Def ivered by LANDATA@. Land Victoria tim estamp 251Q512009 09:20 Page 6 of 1 1
PLAN NUNBER
PS 32686811PLAN OF SUBDIVISION
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BOUNDARIES ()F LOTS ARIDEFINED ON SHEEI 1
4 BALCoNY
_)
DIAGRAT1 1OEIGHTH STOREY
/./ BALc0x\
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\9B
10c
SCALE l :250
2.,s I 2;s s r ;s t l tz, 's t ,s
LENGTHS ARE IN I1ETRES SHEET 6 OF 10 SHEETS
DATE / /
Cfl,tlCIL D€LEGATE SIOUTWE
LICENSED SURVEYOR: CHRISTOPHER IAN RUNTING
SIGNATURE . . . . . . . f . . . . . DATE / t
REF: 93788 VERSION: 4
CHRIS RUNTING &ASSOCIATES Prv rro
LAND SURvEYoRs ,"*"Jtfl,r!"f'l1l#TOWN PLANNERS Tcl:888 64e5DEVELOPMENT CONSULTANTS Fox:88664e7 OfiIGINAL SHEET SIZE A3
Delivered by LANDATA@. Land Vicloria timeslamp 2SnSl2OOg 09:20 Page 8 of 11
PLAN NUI1BER
PS 326868t1PLAN OF .SUBDIVISION
ROOF
EI6HTH STOREY
SEVENTH STOREY
SIXTH STORIY
FIFTH STOREY
FOURTH STOREY
THIRD STOREY
SECONO STOREY
FIRST STOREY
GROUND STOREY
BASEIIENT
ROOF
EI6HTH STOREY
SEVENTH STOREY
SIXTH STOREY
FIFTH STOREY
FOURTH STOREY
THIRD STOREY
SE(OND STOREY
FIRST STOREY
6ROUND STOREYCROSS SECTION Y-Y'
NOT TO SCALE BASEIlENT
COIII1ON PROPERTY N().I
1
COfl I lON PROPERIY NO.1
l - "1[ " Il-" Il-,',-lEE
CROSS SECTION X-X'
NOT TO SCALE
oz
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SITE
LEVEL
FL I NDERS
DIAGRAI1 10
OIAGRAI1 9
DIAGRAfi 8
DIAGRM 7
DIAGRAI1 6
DTAGRM 5
DIAGRAT1 4
DIAGRM ]
OIAGRAI1 I
O]AGRATI 2
LANE
COI1I1ON PROPERTY NO.1
COI1IION PROPERTY NO,1
fq !-T*l
LEVEL
RUSSELL
OIAGRM 1O
OIAGRAfl 9
DIA6RAI1 8
DIAGRAI 7
DIAGRM 6
DIAGRM S
DIAGRAI1 4
DIAGRAI1 3
DIAGRAII ]
DIAGRM 2
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SHEET 8 OF IOSHEETS
COI,IICII D€LEGAIE SIGI{ATUNE
LICENSED SURVEYOR: CHfl ISTOPHER IAN RUNTIN6
SIGNATURE . . . . . DATE / /
REF: 93788 VERSIoN: b
CHRIS RUNTING &ASSOCIATES Prv rroLAND suRVEYoRS ,**luf,,,,!"i:,11i#TOWN PLANNERS 'Ter: aE6 64esDEVELOPMENT CONSULTANTS Fox: 866 6'te7 ORIGINAL SHETT SIZE A]
Delivered by LANDATA@. Land Victoria timestamp 25/05/2009 09:20 Page 9 of '1 1
PS326868M
Owners corporation informationformerly contained on Sheets
9, 10
of this plan is now available in the OwnersCorporation Search Report
Sheets10
have been removed from this plan
Sheet I
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Delivered by LANDATA@. Land Victoria timestamp 25105!2OOg 09:20 Page 11 of 11
BODY CORPORATEPLr\t\ NO. 326868
"The Cavendish", 27-37 Russel Street, Nlelbourne
/s)
SPECL{L RTILES:
Use of comrnon properly and lots
A ivlember must not. and must ensure that the occupier of aMember's lot does not -
(a) use the common property or pennit the comrnonproperty to be used in such a mailler as to unreasonablyinterfere with or prevent its' use by other lvlembers oroccupants of lots or tireir famiiies or visitors; or
(b) park or leave a vehicle on the common prope -v so asto obstruct a drivelvay or entrance to a lot or in anypiace other than in a parking area specified tor suchpurpose by the Body Corporate; or
(c) use or permit a lot atfected by the Body Corporate tobe used for any purpose r.vhich may be illegal orinjurious to. fte reputation of the development or maycause a nulsance or hazard to any other lVlember oroccupier of any lot or the famiiies or visitors of anysuch tvlembers or occupier; or
(d) make or pernrit to be made any undue noise in or aboutthe comrnon property or any lot aft'ected by the BodyCorporate; or
(e) make or permit to be made noise from music orrnachinery wbjch may be heard outside the owner's lotbetrveen the hours of midnight and 8.00 a.m,; or
(f) keep any arumai on a lot affected by the BodyCorporate or the corunon properry after being givennotice by the Body Corporate to remove such animalafter the Body Corporate has resolved that the animalis causing a nuisance; or
operate any rype of commercial activity in any unitother than in Units 1 and 2A rvithout the approval of theBody Corporate.
v607956V260898 2129 SA_R $81
ililllt//tiil/t/liltit/li/1il11/ti//lll//l//t/iil/
Department ofSustainabilitv and Environment
Owners Corporation Search ReportCopyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the CopyrightAct or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State ofVictor iaacceptsnoresponsibi | i ty foranysubSequentre|ease,pub| icat iono, 'ep@
Produced: 2510512009 09:19:58 AM OWNERS GORPORATION 1PLAN NO. PS326868M
The land in PS326868M is affected by 2 Owners Corporation(s)
Land Affected by Owners Corporation:Common Propert ies 1, 2, Lots 1,2A,28,3A, 3C, 3D, 4A, 48,4C,4D, 5A, 58, 5C, 5D, 6A, 68, 6C, 6D,7A, 78,7C,7D,8A, 8B, 8C, 8D, 9A, 9B, 9C, 10A, 10B, 10C.
Limitations on Owners Gorporation:Unlimited
Postal Address for Service of Notices:'VICTORIA BODY CORPORATE SERVICES PTY LTD" LEVEL 1 6 RIDDELL PARADE ELSTERNWICKvtc 3185AE739163T 2311112006
Rules:Model Rules apply unless a matter is provided for in Owners Corporation Rules. See Section 139(3)Owners Corporation Act 2006
Owners Gorporation Rules:1 . V607956V 03/09/1 998
Notations:Only the members of Owners Corporation 2 are entit led to use Common Property No. 2.
Entitlement and Liability:NOTE - Folio References are only provided in a Premium Report.
Land Parcel Entitlement Liability
CommonProperty 1
0 0
CommonProperty 2
0 0
Lot 1 100 100
Lot 2A 100 100
Lot 28 12 12
Lot 3A 47 47
Lot 3C 27
Lot 3D 12 12
Lot 4A ZJ z5
Lot 48 z5 23
Lot 4C zo zo
Lot 4D 14 14
Lot 5A ZJ ZJ
LOI 5u z5 ZJ
Lot 5C zo 26
Lot 5D 14 14
Lot 64 24 24
Lot 68 24 24
Lot 6C 27 27
Lot 6D 15 15
Lot 7A 24 24
Lot 78 24 24
Melbourne Victoria 3000P.O. Box 500 East Melbourne Victoria 3002, DX 250639Telephone: (03) 8636 2010 Facsimile: (03) 8636 2005ABN 90719052204
Land Parcel Entitlement Liabi l i tv
Lot 7C 27 27
Lot 7D tc IJ
Lot 8A z3 25
Lot 88 25 .F
Lot BC 27 27
Lot 8D 16 IO
Lot 9A 42 42
Lot 98 42 42
Lot 9C 35
Lot 1 0A 38 38Lot 10B 39 39
Lot 10C 31 31Total 970 970
?fue FlarisXhffia
'dffiDepartment ofSustainabilitv and Environment
Owners Corporation Search Report
From 31 December 2007 every Body Gorporate is deemed to be an Owners Gorporation. Any referenceto a Body Gorporate in any Plan, Instrument or Folio is to be read as a reference to an OwnersGorporation.
Statement End,
P.O. Box 500 East Melbourne Victoria 3002, DX 250639Telephone: (03) 8636 20 1 0 Facsimile: (03) 8636 2005ABN 90719052204
Yhe Fls**-* fu
Department ofSustainabilitv and Environment
Owners Gorporation Search ReportCopyright State ot Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the CopyrighlAct or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State ofVictoria accepts no responsibility for any subsequent release, publication or replgglgligljlllgj!&Ilglig!
Produced: 25l05l2ojg 09:20:00 AM OWNERS CORPORATION 2PLAN NO. PS326868M
The land in PS326868M is affected by 2 Owners Corporation(s)
Land Affected by Owners Corporation:Common Property 2, Lots 34, 3C, 3D, 4A, 48,4C,4D, 5A, 58, 5C, 5D, 6A, 68, 6C, 6D, 7A, 78,7C,7D,8A, 88,8C, 8D,9A, 98,9C, 10A, 108, '10C.
Limitations on Owners Gorporation:Limited to Common Property
Postal Address for Service of Notices:'VICTORIA BODY CORPORATE SERVICES PTY LTD'LEVEL 1 6 RIDDELL PARADE ELSTERNWICKvtc 3185AE739205E 23t11t2006
Rules:Model Rules apply unless a matter is provided for in Owners Corporation Rules. See Section 139(3)Owners Corporation Act 2006
Owners Corporation Rules:NIL
Notations:Members of Owners Corporation 2 are also affected by Owners Corporation 1.Folio of the Register for Common Property No. 2 is in the name of Owners Corporation '1 .
Entitlement and Liability:NOTE - Folio References are only provided in a Premium Report.
Land Parcel Entitlement Liability
CommonProoertv 2
0 0
Lot 3A 49 49
Lot 3C 27 ZT
Lot 3D 12 12
Lot 4A 24 24
Lot 48 24 24
Lot 4C zo 26Lot 4D 14 14
Lot 5A 24 24
Lot 58 24 24
Lot 5C 26 zo
Lot 5D 14 14
Lot 6A 25 ZJ
Lot 68 z3 25
Lot 6C ZI
Lot 6D 15 15
Lot 7A 25 25
Lot 78 25 25Lot 7C z6 28
Lot 7D 15
Lot 8A 25 ZJ
Lot 88 z3 25
Land Parcel Entitlement Liability
Lot 8C 27
Lot 8D 16 16
Lot 9A 42 42
Lot 98 42 42
Lot 9C JC 35
Lot 1 0A 38Lot 108 ?o 39Lot 1 0C JZ 5Z
Total 770 770
LAND VICTORIA, 570 Bourke Street Melbourne Victoria 3000P.O. Box 500 East Melbourne Victoria 3002, DX 250639Telephone: (03) 8636 2010 Facsimile: (03) 8636 2005ABN 90719052204
7&* F*xr*tb Ss
Page 1 of 2
Department ofSustainabilitv and Environment
Owners Gorporation Search Report
From 31 December 2007 every Body Corporate is deemed to be an Owners Gorporation. Any referenceto a Body Gorporate in any Plan, Instrument or Folio is to be read as a reference to an OwnersGorporation.
Statement End.
LAND VICTORIA, 570 Bourke Street Melbourne Victoria 3000P.O. Box 500 East Melbourne Victoria 3002, DX 250639Telephone: (03) 8636 2010 Facsimile: (03) 8636 2005ABN 90719052204
The ill *sk **
Page 2 of 2
Delivered by LANDATA@. Land Victoria timestamp 25n5n009 09:20 Page 1 of 6O State of Victoria. This publicaton is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act or pursuantto a written agreement. The information is only valid at the time and in the form obtained from the LANDATA@ System. The State of Victoria accepts no responsibilityfor any subsequent release, publication or reproduction of the information.
Ir?? {5 -\.rEtry {P}uL\81)..!5ll,il:f I
APPLICATION BY ^ #,'JJi',['-''ffiffi
1{j,5,q,r:;t 6iiiit-}tt iiegisit':tr of 'l iiE:;
..ffi
("thb Act") for ENTRY OF A MEMORANDUM OFthe Act l
i
The Relevant Authority under the Act having entered into an Agreement with the partieinamed for tlre land described requires that a memorandum of the Agreement be enteredon rhe Certificate(s) of Title to the Land refemed to.
Assistant Registrar of Titlcs
LAND 27-37 Russell Street MelThe yhole of the land described i
AGREEMENTDATE27 lune 1994
AOREEMENTWITTIThe cavendish Apartments Pty Ltd (A.c.N. 007 I i0 2i78) of Level 5, challenge Tower,459 Collins Street Melbourne 3000
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RELEVANT AUTHOR|TY #] fi {f tr,A .r
Melbourne City Council of Town Hall, Swanston Street, Melboume rF+{ F fn {t i . ' -tt;Jtt ) ', , \i
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\,\ I -'A copy of the Agreement is attached to this Application.
PETER EWABT NORBISNamc of Officer:.......... of Town Hall Swanston Street' li{elboumo
" " " "' A 561iii{c'a t'.6tdih o'a'cuf ront " " " " " " " "Practlsing Oertltlcato Pursuanl to the
legal Protescion Praclice Act'1958'
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u306943C120796 0958 NilSC $14
Delivered by LANDATA@. LandVicloria timestamp 25l05n51g 09:20 Page 10 of 10
iT -Jtl'B3s.b.ii' - _.4 r.
Delivered bv LANDATA@. Land Victoria timestamo 25lo5l200g 09:20 Paoe 9 of 10
lN WITNESS WHEREOF the Parties have set their hands and seals the day andyear first written.
THE COMMON SFAL ofMELBOUFNE CITY COUNCIL wasaffixed hereto in accordancewith the Resolution of the Council
7
14.2 the preparation of an application pursuant to Secilon 181 of the Actenabling the registration of this Agreement at the Land Tifles Officeand any duties or fees payable in connection with either thisAgreement or the registration of this Agreement at the land Tlilesoffice or in connection with any default of tne Owner.
15. DEFAULT OF OWNER
In the event of the Owner defaulting or failing to perform any of the Owner'sobligations under this Agreement, the Council may without prejudice to anyother remedies rectiff such default and the cost of any works uirdertaken nythe council to rectifu any default shafl be borne by the owner and any suchcosts shall be capable of being recovered Uy thb Council in any C6urt ofcompetent jurisdiction as a civil debt recoverable summarfty.
T+\ot November, 1993.K/
,vp(l
THE COMMON SEAL of THE GAVENDISHAFARTMENTS PTY LTD ACN OO7 11o 278was duly affixed in accordance withits Articles of Associationin the presence of:
{
Esanda Finance Corporation Ltd as Mortgagee under Instrument of Mortgage No.S911384G which encumbers the Land consents to the Owner entering inio thisAgreement.
xecutive Officer
+ffiW** & tu &wffi# Ar\€%rye€*N.if%s
CERTIFICATENo:4480844 DATE: 2510512009
PLANNING CERTIFICATE ffiGlient: Russo & Russo
DX:95615 BrunswickMatter Ref: Gillingh am:2009123
Vendor: PETA JANE GILLINGHAM &TIMOTHY HOWARDGILLINGHAM
Purchaser:
Subject Property: UNIT 58, 27-37 RUSSELL STREET MELBOURNE VIC 3000
Titfe Particulars: Vol 10187 Fol571
Municipal i ty: MELBOURNE
Planning Scheme: MELBOURNE PLANNING SCHEME
Responsible Authority for administering and enforcing the Scheme: REFER PAGE 2
Zone: CAPITAL CITY ZONE - SCHEDULE 1
Abuttaf to a Road Zone or a Public Acquisition Overlay for a Proposed Road or Road Widening: Not Applicable
Design and Development Overlay: DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 2 (HC-S); DESIG| ANDDEVELOPMENT OVERLAY - SCHEDULE 1 (AREA 3); DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 4 -WEATHER PROTECTION; PART DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 1 (AREA 2)
Development Contributions Plan Overlay: Not Applicable
Development Plan Overlay: Not Applicable
Environmental Audit Overlay: Not Applicable
Environmental Significance Overlay: Not Applicable
Heritage Overlay: HERITAGE OVERLAY (HO506)
Public Acquisition Overlay: Not Applicable
Significant Landscape Overlay: Not Applicable
Special Building Overlay: Not Applicable
Vegetation Protection Overlay: Not Applicable
Other Overlays: Not ApPlicable
Proposed Planning Scheme Amendments: MELBOURNE C141 PROPOSES TO INTRODUCE CLAUSE22.22"PoLIcY FoR LICENSED PREMISES THAT REQUIRE A PLANNING PERMIT" INTO THE LOCAL PLANNING POLICYFRAMEWORK OF THE MELBOURNE PLANNING SCHEME
Additional Notes: Not Applicable
The information source for each entry on this ceftificate has been checked and if shown as Not Applicable does not apply to the subiect property. lnaddition to Planning Scheme Zone and Overlay Provisions, Victoian Planning Schemes comprise the State Planning Policy Frameyork, the Localptanning policy Fimework, Pafticutar Provisions and General Provisions. Sfrafegies, policies and provisions detailed in these secfions of the PlanningScheme may affect the use and development of land.
AnstatPtyLtdtradingasAnstatProperty lnformat ion ACN115133 152 ABN15 115 133 1522Z+-226 NlormanOyRoad,Southbank30OO POBOX44T,SouthMelbourne3205 DX: 332Melbourne fe|92781166 Fax: 9278 1167
Page 1 of4
ffitf \.$'"s. ii :i$ ilt :. * s Ni..t tCERT|FICATENo:4480844 DATE: 2S\OS|2OO}
PLANNING CERTIFICATE
l:"^t11 lly Ltd trading as Anstat property Information AcN 115 133 152 ABN js 11s 13s 1s2224-226NormanbyRoad,southbank3006 Poeox+cl,southMetbourne3205 DX: 332Metbourne Tet: 92zg1166 Fax: gzrgi167
Page 2 of 4
ffiI / !..rrj,1
CERTIFICATE No: 4480844 DATE: 2510512009
PLANNING CERTIFICATE
MELBOURNE PLANNING SCHEME
RESPONSIBLE AUTHORITY FOR ADMINTSTERING AND ENFORCING THE SCHEME
The Council of the City of Melbourne is the responsible authority for administering and enforcing thescheme, except that the Mlnister for Planning is the responsible authority for considering anddetermining applications in accordance with Divisions 1 , 2 and 3 of Part 4 of the Planning andEnvironment Act 1987 and for approving matters required by the scheme to be done to the satisfactionof the responsible authority in relation to:
Developments with a gross floor area exceeding 25,000 square metres.
Development and use of land by or on behalf of a Minister of the Crown.
The Eastside Development, Jolimont.
Comprehensive Development Zone: Schedule 2 - Carlton Brewery
Land at 118-148 Lonsdale Street, 117-147 Lit t le Lonsdale Streetand 15-19Jones Lane,Melbourne.
Land at451-507 Lit t le Lonsdale Street,480-502 Lonsdale Street,458-468 Lonsdale Street, and240-27 8 Williams Street, Melbourne.
Riverside Quay Area.
The approval and amendment of any development plan, pursuant lo clause 43.04-3, in relationto Schedule 8 to the Development PIan Overlay (Carlton Housing Precincts).
Use and development of land for the purpose of a Wind energy facility with a capacity greaterthan 30 megawatts.
Despite anything to the contrary stated in this schedule, the Council of the City of Melbourne is theresponsible authority for administering and enforcing the scheme for applications for subdivision orconsolidation of land including buildings or airspace and other applications made under the SubdivisionAct1988withinthemunicipal distr ictof theCityof Melbourne,exceptforthe20.1t hectaresof landincludes in the Games Village project as shown on plan 18698/GV Version A, generally bounded byOak Street to the east, Park Street to the north, the City Link Freeway to the west and Royal Park to thesouth-east, excluding the Mental Health Research Institute, in Parkville.
AnstatPtyLtdtradingasAnstatProperty lnformat ion AcN115133 152 ABN15 115 133 152224-226 Notmanbv Road. Southbank 3006 PO BOX 447, South Melbourne 3205 DX: 332 Melbou rne Tel: 9278 1 1 66 Fax: 9278 1 167
Page 3 of 4
eru%-K&ry-CERTIFICATE No: 4480844 DATE: 2510512009
PLANNING CERTIFICATE
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This map extract is sourced from data maintained by the State of Victoria and is provided for information purposes only. Norepresentation is made as to the accuracy of the content, and Anstat Pty Ltd does not accept any liability to any person for theinformation orovided.
Need more detail? Anstat's Planning Scheme Extract product can supply you with the text of Planning Scheme provisionsfor any Zone shown on the map extract above. Order online at www.anstat.com.au/api.
Anstat Pty Ltd trading as Anstat Property Information AcN 115 133 152 ABN 15 115 133 152224-226 NormanbyRoad, Southbank3006 POBOX447, South Melbourne3205 DX:332 Melbourne fel9278 1166 Fax:92781167
Page 4 of 4
CITY OF' MELBOURNE cERrIFIcAlr No: 66385
LAND INFORMATION CERTIFICATE DArE or tssuE: 25-May'2rxre(SECTION 229 LOCAL GOVERNMENT ACT 1989) vEAR E$rDINc: 30-Jun-200e
l) This cenificate provides information regarding Valuations, Rates, other monies owing and any orders and notices madeunder
th€ l-ocal Government Act 1958, L,ocal Government Act 1989 or under a local law or by-law of the council'
Z\ This certificate is not required to include information regarding Planning, Health, [aa$ fjtt, tand SIip, orher floodinginformation or sprvice eisements. Information regarding these matters ruy be available from the council or relevantauthority. A fee may be chargcd for such information.
hopstr dtntcrl r$ Unlt $tr/,n.ll R||3sc[ Stres$ MELEoI]RNE VIC 3000
Iqrlllcsip$on: Lot5BPS326tdtM CT-101&l/91
Opcrrfroorh&ofVrturdon:0fJuly20tts AsrccamcntNoz 32?B62 :
NtiAudVrhc: 25,000 llitr Vrluq t3'666 Crpitd Improved Vduc; 500'000
O'rrcr rccordrd by Coorcil! Mr Timtby Howrrd Gilliughrm and Mrr Pctr Jrnc Gilinghrm
RATES AND CHARGESBalance
Owine
Town Ratc lUlnmS :p}orcnCfD $ I 144'48
Town Rate Arrears $ 0'00
Interest on overdue amounts $ 0'00
Lrgal Costs $ 0'0O
TotalPayments $ -ll4l'48
. Monel owed for works under the tocal Covernment Act l95E
' fril;#,t11',ls"iyigil:J,?g'iil?gi;,s8"*t [gi:"fs:t',"31"18'iPeT's3[3iu,,"'g'f"litnF** ron ,nr*.r Money owed under Section 227 of lhe Local Government Act 1989
$ 0.00
,.v'rLApplicants R.eferencc tl480M4:9385093 Authorised 0lficer
Iflersc Note: If you wish to have vour certificate emailed. oleasc orovide vour cnail sddress with future ruolicrtions
Anstet Propcrty InfomationDXDX3[}2 MEIJOURNE
TOTALDUE:
PaFn€rts to:
City of MelboumePO Box 2l5EMclbourne Vic3001
f20.00 Fercceived
Plesse Notc:After settlernent the responsibility forpaym€nt of oustanding rates rests withttre purchaser,Please advise your client accordingly.
For inquiries phone 9658 9759
N/AN/AN/A
l)2)3)
4)
SD€cificd flood lewl by council (If any)pbandal liability for ritcs under rhc Culfitral and Recreationd [ands Act 1963Poteotial Uabiliti for hnd to becorne rateable under section 173,174 or l74Aof tbe Local Governm€il Act I 989.Dcilail of ncice.r elrd odcrs undsr lhc Locd Government Act 1958'Lcal Govcrnclt Act 1989 or undcr a locat law or by-law of counsil-
N/A
tity F/*tt F.d*f*r
ABN 70 066 902 467
REFERENCE NO.
12363673512 DATE OF ISSUE -25IO5I2OO9
ANSTAT PTY LTD
DX332MELBOURNE VIC 3006
PROPERry: UNIT 58127-37 RUSSELL STREET MELBOURNE VIC 3000
Statement & Certificate as to Drainage Rate & Park Rate
The sum oftwenty five dollars and thirty seven cents
Value as set out hereunder is payable in respect of the property.
WATERWAYS AND 01t0712008DRAINAGE CHARGE - Res
PARKS SERVICE CHARGES 01IO7I2OO8
I nformation $tatement & CertificateSECTION 75. WATER INDUSTRY ACT 1994
SECTION 158 WATER ACT 1989
APPLICA
426261
YOUR REF.
4480844:9385095
SOURCE NO.
99905059310
lENourRrESl| 1316e1 |
TION NO.
30/06/2009
30/06/2009
Rates current financial year
Arrears
Bil led this year
Sub Total
Payments/adjustments
Plus remainder to be bil led
101.50
55.46
156.96
0.00
156.96
156.96
-131.59
0.00
BALANCE 25.37
The Account is paid by the Automatic Account Payment Facility. To cancel this available facility, please advise City West WatersDirect Debit Section, Locked Bag 350, Sunshine, 3020 or by Fax to 9313-8522.
This statement gives particulars of the parks rate and drainage rate levled and collected on behalf of Parks Victoria andMelbourne Water Corporation respectively.
This statement does not include water and sewerage service charges (Section 22Water Industry Act 1994) which are billed to theOwner. Water usage and sewage disposal charges (Section 23 Water Industry 1994) are also billed to the owner, except where aseparately metered service supplies the property, in which case the Occupier may be billed.
Locked Bag 350, St Albans Road Sunshine 3020 AUSDOC 3031 1 Sunshine
Information Statement & CertificateSECTION 75, WATER INDUSTRY ACT 1994
SECTION 1 58 WATER ACT 1989
APPLICAT
lENourRrEq| 1316e1 |
roN No.DATE OF ISSUE .25IO5I2OO9
Information given pursuant to sections 75 & 158(3) and Additional Information 158(4)
Information available at Melbourne Water indicates that this property is not subject to flooding from Melbourne Water' s drainagesystem, based on a flood level that has a probability of occurrence of io/o in any one year.
Portion of the property service drains has been laid in THE ROW AT THE SOUTH WESTERN CORNER OF THE pROpERTy .
Sewer & or Water Assets if available are shown on the attached Plan. Should this plan not display all of the requested propertyplease contact City West Water on 131691
AUTHORISED OFFICER:
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BRIAN O'SULLIVAN
MANAGER COMMUNICATIONAND CUSTOMER SERVICE
CITY WEST WATER LTD
Unless prior consent has been obtained, from both Clry WEST WATER (Section 66 Water Industry Act 1994 and MELBOURNEWATER,) the erection and/or replacement of any structure or filling over or under any easement, sewer or drain, any interferencewith, any sewer, drain or watercourse, or any connection to any sewer drain or watercourse is PROHIBITED.
City West Water provides information in this statement relating to waterways and drainage pursuant to Section 158 of the Water Act1989, as an agent for Melbourne Water.
426261
{ify H/xr*i Ff*t*r
ABN 70 066 902 467
REFERENCE NO.
12363673512
Locked Bag 350, St Albans Road Sunshine 3020 AUSDOC 3031 1 Sunshine
ffi!\-\if \rJ. i} Il$iil \. * ssit.n s
CERTIFICATENo:4480844 DATE: 2510512009
ROADS CERTIFICATEClient: Russo & Russo
DX:95615 BrunswickMatter Ref: Gillingh am:2009123
Vendor: PETA JANE GILLINGHAM &TIMOTHY HOWARDGILLINGHAM
Purchaser:
Subject Property: UNIT 58, 27-37 RUSSELL STREET MELBOURNE VIC 3000
Titf e Particufars: Vol 10187 Fol 571
Municipal i ty: MELBOURNE
Advice of any currently approved VicRoads proposals: VICROADS HAS NO APPROVED PROPOSAL REQUIRINGANY PART OF THE PROPERTY DESCRIBED IN YOUR APPLICATION. YOU ARE ADVISED TO CHECK YOUR LOCALCOUNCIL PLANNING SCHEME REGARDING LAND USE ZONING OF THE PROPERTY AND SURROUNDING AREA.
Refer to the Planning Certificate for details of land reserved in the Planning Scheme for Road Proposals.
Anstat Pty Ltd trading asAnstat Property lnformation AcN 115133 152 ABN 15 115 133 152224-226 Normanby Road, Southbank 3006 PO BOX 447 , South Melbourne 3205 DX: 332 Melbourne Tel: 9278 1 1 66 Fax: 9278 1 167
Page 1 of 1
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BODY CORPORATE SERVICES PTY L'TD--po"t inaltuse: Po Box 291 Elsternwlck 3'185
feieffrone: 9523 5038 Facslmlle: 952869ss
OWN ERS CORPORATION CERTIFICATE
section r51 Owners corporaronsAct 2006 "io-niiiir"tr""
i t owneicorporations Regurarone20oT
Xii E; - -' fi Ji -n u s s 595 qrBFFf.r S.Ef FP-u lI5 (oUR REF:12)
F#[iiio'*1# ff ;tsl}'; ; !F-i aily'f -c r. :i11Postal addresslsPoEc,xzu'r ' t rLr lEr\rrUrvr\v i l ipnplanofsubdiv is ionNo.326S63ili.?;i#6iJissueo for Lot 58 (known as U
Applicant lor lne cerrrru'lr'ti r- neeev ;dUfU MELBOURNE VIC 3205
i55liilt iii ctiivirv ot certificate lo.BP]fr..fLl .^^oDate that the was received tl4r09 To
2.3.4.
c,
+fliariag," to which the fees for the rot hav-e b.ge1 paid up to.is: 30Tr. JUNE 2009
H::"J:!T?#ili,""YJ:T.?trHl3T"t;;:f"PI,Tl l#h"*" on which thevwere struck and are pavabreare: NIL -,- .,-L:-L h^- r+a6n * ic qtrorri lo be oerformed which may tncurTherepaits,maintenanceorotherworkwhich.hasbeenorisabouttobeperformedwhichmayin<additiohal charges *;,i"n"t""u!'nii t."n in"fuO.A
"loue annual fees and special levies are:
NILt
Ti:t8l,i"g" co-rPoration presentlv has thet"u*3flJ5f;f+ffiilr1'rr,r uNoERwRlrlNG AGEN.TE' P/Lr'rame or compaiv LE'EL 30, 4se c6t'l-*i srneer' $FtP9I"Ri!5'"1lllLEvsL ev' 'vu TELEPHoNE:03 8695{qqqiiino ot potiby ! FAX: o3 e62o 0608Building amountPublic Liabili$ amountBuildings covered
r TliltUti'ig.rjpr$uvrrre gfi"r'-ggr.gFlilf{io*r, oF owNERs coRpoRAroN Ar END oF LAS't ' i'i-EifriCHEo sctteo-ul-!-o-Fl3lLltl,9l,^, ^*.=
\e vv'r'
REFER OWNERS CORPORATION (1)
;fitiiltiilVEin aiio-cuinENT BANK BALANcE' I bv annuat fees, special levies andO. Are there any tiabltitiii-offfibil+t Corporation ttrat are not gve.1ed by annual fees' special
repairs and maintenan-i'ii set out above: tt so' tnen provide details: NO
e. Are there "ny.urr"ni'J-niliG,
l"i.e.Ji-.9l.:;Ji;;i#;il;i6"ting he common propertv' lf so' then
;.. R[1f,:..:*f;[5ff$jy#tffi.'5;r"sl9"]Jli "t owners' occupiers or the pubric? rf so' then
'-- piovide details: NO ,r--- -^^.^.r ̂ n +ha
^wners corooration in the tast 12 months that have not been
1{. Are there any notlces or orders 9e$q.oi the Owners Corporation in t
' " ;[;il;? li'so, then provide details: . 19., - A.^.-^,^ .'^.h^r.ri^n ic s nartv and anv circumstances of which
12. Arethere any r"gar p,"o."";ilni; t"-;p1t11e Owners corporation-is a party and any cir-cumsta
FSroJlE"rE ffgii:["#i"1il+s H€iflill"i{iiEx"-fF$Fi'iFii8c* 'f so' then provide deta*s:
'1r. Has the o1iSf#,..fi{el'S+ fAll'S*tgf.f*"igffi{ trXttg"n r so' then provide detairs:
14. Has an administra*l#I^ ipp".to G tle oiltlii c"tporation' or has there been a proposal for the
'"' ilil;fi;f otan aoministratof No..15. Document' '"qu,r.Jio'ilJ'i[l-dn"o
iJ.tne.o*n"t" corporation certificate are:
(1) Acopyor"ny 'r""'i"ii.t;iJi il;ro u"rodl'-ilbbEI-i-uii$ APPLY (ArrAcHED)
iif 4 qi[fgf+r'te."r"tiJ''"i-'-"l"iitire tast fl"ff;;i,3;'f,l$tttygntitled "statement of Advice and Information ror/3) A copy or rorm z of the Ownen Cgrqontiont"''
iiliti";tiue Purchasers and Lot owners'
This owners corporation certificate was prepared by Victoria Body corporate services pty Ltd as deregate of the
Owners CorPoration-
Dated this ZSTH day of itAY 2009
HERiIAN KLEINirEiii'iili ibDi coRponars sERvlcEs PrY LrD
Lcvel 1.6 Rldde! Paradc Ehtemwid(rvrcrnG-r ornititute of Body Corporab Managors
. Commiil€d to Excallsnce -Ac-N. 007 oo't @
OWNMS GCRPORATION FTJNDS
tileE vforEh cf Ormers CorlroraEioa aE 30./05,/Og tToCaI eurreEt Ei.t:k Balatcer
597551.€6
1LL6224.86
88435 ma 20081125
PRESENT:
IN ATTENDANCE :
PRO)OES:
CHAIRMAN:
MINUTES OFPREVIOUS AT.INUALGENERAL MEETING :
Ms Conchetta Rose was appointed as proxy forMr Richard Valentine & Mr Grant Francs
Mr Markos Tsipos was appointed as proxy forMr Matthew Spotkaeff & Ms Lisa JenKlnsonMazhome PtY LtdMr TimothY & Mrs Peta GilllnghamMs Miryana PanaPoulosBanajoy PtY Ltd
Mrs Alice Siohu was appointed as prory forMr Peter McKaY
Mr Paul Taylor was appointed as proxy forMr Francis LeowMr Francis & Mrs T Leow
Ud
3A3C3D4A4C,4D, 5A, 58, 6C, 74,8C,985C3c,5D7C. toB7D9A10c
5D
7C10B
OWNERS CORPORATION 2 PLAN NO 32686827 -3i RUSSELL STREET, MELBOURNE
(APartments)
M|NUTESoFTHE2o0SANNUALGENERALMEET|NGoFMEMBERSoFowr'rrnb:conponnrroN 2 PLAN No' 326868
HELD AT LEVEIi,6 nrooilr- PARADE' ELSJERNWIcKoiizs Nb-vr[aeEn eoos nr o'oo ?l''I
Name
Mr GurPaul SidhuMs Conchetta Rose rePresentingMr Ken Laws & Mr Neil LawsMrs Julie AllbuttMr Markos TsiPos represenung
Mr NajiCohenMrs Aiice Sldhu rePresentingMrPaulTaYlor rePresentingMs Jean GreenMrs Teresa FergusonMs Suzie Howie
Mr Hock Lee, Victoria Body Corporate Services Pty Ltd
Mr Neil Ferguson, Unit 9AMs Aimee RoYle, Quest APa rtments
3C
4C4D5B6Ct t \
lT WAS RESOLVED to appoint Mr Hock Lee to act as the Chairman of the
Meeting.
lTWAsRESoLVEDthattheM|nutesoftheAnnualGenera|Meetlnghe|donzz.11.olas presented il;;iil;;tili ue confirmed as a true and acarrate
account of proceedingt;id'J M;;ting after it was noted that Mr Paul
Taylor,s nsme was inrori".irv'rinut*o-on the first and second pages as Mr
FINANCIALSTATETIIENTS:
COMUITTEE REFORT
COHMITTEEOFMANAGEMENT;
DELEGATION TOCOMMITTEE:
COMMON SEAL:
APPOII{TMENT OFOWNERSCORPORATION
Name.Mr GurpaulSidhuMs Conchetta Rose rePresentingMrPaulTaylor rePresentingMr Scott AllbuttMrs Alice SidhuMrs Julie Allbutt rePresentingMr Markos TsiPosMr Neil Ferguson rePresentingMs Suzie Howie
(a)(b)
o^,ne6 corpors$o", om illSilliMinutpj ot 2008 AGM 25. 1 1 . 08
Peter Taylor.
lT WAS RESOLVED to approve and adopt the Financial Statements preparedby Victoria Body Corporate Services and consisting of the following:
Statement of Financial Performance for the year ended 30'6-08'Statement of Financiat Position as at 30.6.08.
The Chairman of the Committee, Mr Gurpaul Sidhu, provided a verbal reportthat there was one Committee Meeting and actions taken are recorded in theminutes of that meeting.
lT WAS RESOLVED that a Committee of 9 Members be appointed until thenext Annual General Meeting.
The following were declared duly elected as Membars of the Committee of theOwners Corporation and Mr Neil Ferguson was elected Chairperson.
Unit No.3A3C3D4A5D7D8C9A10c
lT WAS FURTHER RESOLVED that the Committee may determine the notlceto be given for a committee meeting and is nol required to give three (3) daysnotice as set down in section 109 of the owners corporatians Act 2006.
lT WAS RESOLVED that the Owners Corporation delegates by these minutesto the Committee of the Owners Corporation all the powers it may properly
defegate pursuant to the provislons of Section 11 of the Qwners CorpontionAct 2000.
ITwAS RESOLVED pursuant to sec.tion 20 of the owners corpontion Act2006 to authorise the affixing of the common seal of the Owners Corporationto leases, licences, assignmentS or transfer of leases or llgences' contractsand agreements required to be executed under the common seal of theOwnerc Corporation if approved by the Committee.
TTWAS RESOLVED that the ownerc corporation appoints Victoria BodyCorporate Services Pty Ltd to be the Manager of the 0wners Corporation inaccordance with Section 1 19 of the Owners Corporation Acf 2006 subject to
ttiANAGER;
DELEGATIONTOMANAGER:
INSURANGE:
FEES TO COVERGENERALADMINISTRATION ANDITIAINTENANCE1.7.2008 to 30.6.2009:
FEES:
o,Yners corporat"". r'." lll3*EliMinutee ot 2008AGM 25.11.0E
the Committee approving and signing the Contract of Appointment.
lT WAS RESOLVED that pursuant to Section 1 1 of the Owners CoryontionAct2O06 the Owners Corporation delegates powers and functions to theManager as set out in these minutes and the Contract of Appointment,
The Manager advised that Ptan of Subdivision No. 326868 cr-eated two (2)Owners Corporations.
(a) Owners Corporation No. 1 is the unlimited Owners Corporation with all lotsas members. This Owners Corporation is responsible for reinstatementand public liabili$ insurance as required by Division 6 of Part 3 of theOwners Corporations Act 2006, and maintaining the comrnon propertyidentified by the Plan of Subdivision as being Common Property No. L
(b) Owners Corporation No. 2 is a limited Owners Corporation of which Units3A to 10C inclusive are members. This Owners Gorporation isresponsible for the repair and maintenance of the common propertydesignated as Common Property No. 2 by the plan.
As the Insurance required by the Owners Corporation Act 2006 is effectad byOwners Corporation No. 1, Owners Corporation No. 2 is nol required to insurethe apartments.
fT WAS RESOLVED that pursuant to Section 23 of the Owners CorpontionAcf 2006, an amount of $78,000 be raised to meet the anticipated expensesfor the current flnancial year of the Owners Corporation being 1.7.2008 to30.6.2009. This Fund is to remain in force until the next Annual GeneralMeeting.
This amount of $158,000 comprises :-
MaintenanceFund: $ 46,000
Sinking Fund : $ 32.000
$ 78,000
This amount ls to be levied by NOTICE from the Manager QUARTERLY lNADVANCE oN THE DUE DATE BEING lST of July, October, January andAprit.
lT WAS RESOLVED to set Fees per unit as follows :
Unit3A3C3D
Per Quarter$1240.90$683.75$303.90
PEge4 ofsO$,ners Corpotatlon 2 Plan No.3260'68
fi,tnutet of 2008 AgM 25.11.08-
FEES:Contd
LATE PAYMENT OFADMINISTRATIONFUND AND LEVIES :
ARREARS AS AT OATEOF MEETTNG:
4AUnit4B4C4D5A5B5C5D6A6BbU
6D7A7B7C7D8A8B8G8D9A9B9C10410810c
TOTAL
$607.80Per Quarter
$607.80$658.45$35,4.55$607.80$607.80$658.4s$354.ss$633.10$633.1 0$683.75$379.85$633,1 0
$633.10$709.10$379,85$633,10$633.10$683.75$405.20$1063,65$1063.65$886.35$962.35$987.65$810.40
$19499,90
lT wAS RESOLVED that Maintenance charges and levies are payable within
30 days of the due date'
ITWAS FURTHER RESOLVED that the Owners Corporation will, pursuant to
section 29 of the Qwners corpontlons Act 2006, apply interestto the
amounts owing by a member after the due date at the rate fixed from time to
time under lhe Penatty lnfelest Rates Act 1983'
The Manager advised the Meeting that there were four (4) owners in arrears
as at date of Meeting.
GENERAL BUSINESS :
UNITS MANAGED BYOUEST SERVICEDAPARTMENTS:
orvne.s corporali*, o,* iSli*!!iMhineg of 2048 AGM 25. 1 I '08
Membersexpressedconcernovertheexcessivenoiseandunrulybehaviour; ci;$, g"ests, and inat comptatntsto Quests management had not been
;;il;*d "'nJ
tt,it such problems continue to exist and recur'
lTwASRESoLVEDthatthecommittgepursueareso|utionofthisprob|emwith Quests' management as soon as possible'
Chairman
2008DATED this day of
Prroarrd bY*riii6mr 6oov coRPoRArE sERF/tcEs PTY LrDPO BOX zsl, ELsTERHwlcl( 3185Tel. 9523 503E9tlz20N -l
1t.1
olvNERS CORPOFATtoi's FECUII flofls 2007
SCHEDULE 2
MODEL RULES FOR AI{ OWTIERS CORPORATION
Health, safoty and securi$
Health, safoty rnd ecutity of lot dvneru' occuplem of lots and othcrs
A|oto,rnarorocrupierrnustrlotus8he|ot,.orpermitlttobeu.sed,,gof!ocauEeahazardtolhe heallh,
"xeV "nil"c'lil'ii en onrn"r' occupler' or user of another lot'
Storage of flrmmable llqulds and o'fier dangorous suMncce and matcriaF
(1}ExcePtwith|heapproval|nrrn.tlrrgoftheormerscorporatiol,snqqfler.:1)cclJplerofalotmusl' nol ueo or store on'iiiii'oi on ti'" com'non dfitti;t i#mable ctremkal' liquld or gs or
cdherf,smmaHa maledgl'
(2) Thls rule do€t nd aPPIY to-
(a) chemlcals, [qJOs' gas€s or oher malerial used or intended to bo used lor domesdc
1.2
purPos€E: or
(b)anyd|emica|,l iqu|d.gasorothermateria|inafue]tankofamolorvehideor|ntema]' ' coinbustion engine'
1.3 Wisls dltPoBal
Ano\r,nerofocclpiermus|ensu]€ftstthodisposa|ofgarbegeg'.P:t.doesnotadversetyaffed |he hedth' irygiene or comfod of th" otd'.rpiurt oi users of other lots'
2 llanagem€nt and rdmlnlstra0on
2.'l tletsrtng of aorvtcae and spportionment of costs of eewicea
(1)Thooffleracorporatlonmustnotseekp-aymentorrelmburs"Pntl?lacostordrargsfromalol
''n", o, o*pti that |s lflore nan ure-am.o.r-Jti"i-rr'" zupprier worr|d have drarqed the lol
o*ur. o'ooupi"tioirttl *"t" goodt or servlces'
(2)1|esupp|ierhgsl8su€danaccounttosreo$'rrerscorporatio'n,lhe-owneFconorslioncsrmotrccover tom th; lot owner or ocElJpf
", - "ti--t *'tt-i'*t includes-any amourrt that ls ablg t'0 be
clalmed ae a concession or rebale Uy o, oi'[etaif of tiie tot owner or ocorpier from lhe relevant
suPPller'
(4 Subrule (2) does not apply lf the concession or rebate-
(a)mustbec|aimedbyltreloto,rneroroccrrp|erandlhioH:f--'Dorationhasgiventhetot onner or occlrSiar an oppoltltjt;sLii lt
"nd the lot o*ner or ocorpler has not (brr€
"o uv tt itiil-t'iiiJt'tit'bv the ialwanl suppl'nn or
$) ls pald directly to the lot oumer or occupler ae a refund'
3 Uee of common PloP€rtY
3.1 Use of common ProPert/
(,|)Anowneroroccupierofa|otrnustnotobstrudthe|awftt|ussandenloymentoflhecommonproPerty tv
'f;ffiillo'i lntitiio ro use tlre common propsrtv'
(2)Anowneroroccupiero|alotlu:llo-t:Yithouthewritten.approva|oftheownerscorpontion.. use fur his or her own pu,'osss
", . guiliiniportion of ihe
"ommon ProPerty'
(3) fui approvat under subrule (2) mBy state a pedod brwtrlch the appmval is granied'
(4)tftheownerscorporal|on.hasreso|ved|hatanan|ma||sadanger-or|scauslngsnulsancetothecommon prope]tt, ft must give ,"oon,oil.#ti;; thE lesotulon lo the olvner or occuplef wno
ls lteeping tha animal'
(5)AnoilErorocap|erofa.|o!wh.oiskeeplngananlms|lhatisthesubieciofano6ceundeft-' tttJ"inl must r€move fiat snlmal'
(0}Subru|es(a)and(5)dongtapp|ytoananlma|thEtassistsap€rsonwithanimpal.menlordlsability'
3.2 Vehiclea and perldng sn Qffimofl property
An o$mer or occlpler of ? l"J mls-t^glunloss in ry' q""" 9l3l-?T"tS"nty' park or leave a
motor vahide or other vehhle or permrt-a riJioi vehiclo or other vehlcF
(a)tobeparkedorletlnpark|ngspaess|tuatedon@mmonpnpertyanda||ocatedforother lots; or
(b) on the common prop8lty so 8s to obstruct a ddneway, palhway, enlranca or edtto a lot;
of
(c) in any pbcg ohsr than a parking araa situated on oomrKln property specified forthal' ' purpce by lho owners cqrporatlon'
3,3 Demage to conmon ProPErtY(11 An osirpr or ocorpler of a tot must not damage or alter the common Ptopedy without the uritten- apflwal of the owners coryoratlm.
(2) An owner or occupler d a lot must not dama€e Ary1:gu:'1u:thal forms part ol the
@mmmpropertywfthout|hewriucnaPprcvaloflheowr|erscorpo]Enon.(3) An approval undarsubrule (1) or (2) may Etatg q pefiod ftrwhifi fieapprcval ls granled' and-' #ii-ptoil fre works and ionoitione to whidr lhe apPtwd ls aubject
(4) An w*rer or person authotisod by an oryner may inshatr ? lo+inq q,!ur-;tv-9-"1'3"t11Y:1j1"' -' iot against lnirr.ders, or a scrtqn or banier to qreYeni.e$ry of.enim:I or lmscls. n ne oevrce,
screen or bsriei [iounOfy Ouitt and ls consiitent with ihC cobur, sty'le and maleriale of the
buildng.
(5) The ovrner or person refened b ln subrule (4) must keep any dsvlce, scrcen or bamer Installed- - In good ordcr and rePalr'
4 Lotc
1., Change of use of lott
An owner or ocanpler of a lot must glve written notificat'nn to the ownsr8 csrporation if thE- owner
oi ooarpter ctra;ii;; ttte ixlslng ui of the lot tn a rvay lhat will afrec{ ths insuranca premlums
for ihe ormers corgoratlon.
Er|mPlrf fia cl|lnm of ura r6tdtr h I hsardour &ilvlty btine sttdGd aul o.l thG lot or rcaultt ln ths lot b6l||g uled fot ccimdltl ol
lndusttrl purposss r3her han t€sadenthl purpo8ts'
Behaviour of Poeona
Behrvlour of ownerl, occuplers rnd Invtteea on oommon proporty
An ovgnef or OCCrJPier of I lot ny.ret tdte all reasonable steqq t9 gfisile thel guesis of the qwner
oi occgpier Oo noi U"fr""r tn J rnanner tttely lo unreatondbly interfere with the peaceful
enjoymint of any other person entltled to uae lhe cornmon propotty'
lloigs and other nulsance control
(l) An owner or ocg.rpier of a loi, or a gugsl of an ownet or occrrpler,. must not unl€asanably oeatet " iii-iliji iii"rfdriirlt-*- ""iti
ure-peaceu enloyment of arry othcr person entilled lo use lhecommon prcpotty.
(D Subrule (1) does not apply to the making of a nolsc lf lhc ownera corporatlon haB glven writt'sn' ' permieslon for the noise to be made.
Olspub rutotuHon
(1) The grievance procedure sel out In th-18 rute applieS to disputes involvlng € lot o[vner' manager'' '
or an occupler or the ownerc corporation'
(2) The party making the cornplaint musl prepare a written statement in the approved form'
(3) lf thera is a gdevance commitiee of fie ovYners coporalion, it must be notified of the dispute by
tha complainanl
(4) lf there ls no grianrrce committeq the ovrn€l.s corporatign qusl be nolified of any dlspute by lhe
complainanl. regardle$ of wfrethsr the oryner* miporaton is an lmmediate party to the dispute'
(o The partlss to th6 dispur,e must meet and dlsqrss thB me[er in dispute. along wlth ellher the
orlovance commlne"bi ffr, *rner6 corporfrion, wflhh 14 working days afler th€ disputi comes
[o ths ailenUon of all the Partl€s.
(6) A pao to tre disprrte may appoinl e pefson to sct or appsaf on his or hor b6hall at uio mcetlng'
fi) lf tre dispute ic not r€solved, ths glhven-ce committee gr oitners corporatlon must notify eacttt''
ilri 6i fiii 6iit"i'rg-r,iil;;i';iii,ih;;auton-unoer pan 10 of the orv'ners corponaflons Act2006.
(8) This pfocess is separate fom and does not limit any furtlrar acton under Pad 10 of lhe ovrners'
CorporationsAct2005.
5
5.1
5.2
Subdivision (Body Corpor ate) Regulatiotts 200 I
^9.R' No' 28/2001
SCIIEDULE
FORM I
Rcgr|04and2lgSubdivision@odyCorporate)Rcgulations200lSubdivision Act l9Et
STANDARDRULES
Usc of commou ProPGrrY and tolr
A rncmbcr must not, and mus| ensurc that thc occupier of a mcrnbefs
lot docs not-
(a) ure thc comrnon proPcrry:r PcTl'^9".,".:t*" propcrty to be
usedinsuchr*un.,l,,attounrcasonablyinterferewithorDteYcnt it" utc Ui otft"t mcmben or occupants of lots or thcir
iamitics or visitors;
(b) park or lcgvc a vchiclc or perrnir a vchicle to be parkcd or left on
thc common piopttty so as to obstnrct a.drivcway or entrance to
a tot or in *v;;;;;th;r fian in a parking arca specified for
such PurPose bY thc bodY corPoratc;
(c) usc or permit a lot affccled by the bod. y. coroorate to be used for
snv purpose *'hil;;t bt trtett 1i-t1t:-lttous to thc rcPutation
oftho dcvelopment or hay cause a nuisancc or hazard to any
ott o.c*ut' oi;;;il"i;y lot or tho familics or visiton of
anY such member or occuPtcr;
(d) makc or pcrmit to be made an1-und11 noise in or about thc
. common pt";";;;;;; ;t aircced bv the bodv corporate;'
(e) make or permit to be rnadc noise from music or machincry which
may bc r'tooiuitiatlt'" o*ntft lot bctwccn the hours of "
midnight and 8'00 a'm'l
(D keep any animal on thc common propertv affcr being givcn
notice by Orc UJy corPoratt to rcmove t-he anirnal affcr the body
corporEtc hss resolvcdthet rhe animal is causing r nuisancc'
36
^\l\HK:SSrr4Erg3s:sgo6ee4 VICTORIA
BODY CORFORATE SERVICES FTY LTDA.E.N. 34 745 395 9t7
25 May200e ,"jfffllslH';fr?""'::jJifs$l';3*Email ; [email protected]
Anstal Property t nformationPQBox 447SOUTH MELBOURNE VIC 3205
Dear Sir/lvladam,
RE: LOT 58 27-AZ RUSSELL STREET ITELBOURNE
y".lef* to your application of even date and now enclose Orners CorporationCertificate in respect to the above property.
PLEASE NOTE:ot4l /EFS CORPORATTON ACr 2006
134, Addressofnewowners(1) A lot ownerwho sells a lot must advise the owners corporation of the name
and address of the new owner within one month of the compleUon of thecontract.
(2) A per:son who acquires a lot rnust advise the owners corporation of theperson's name and address within one month of the completion of thecontract
Yours faithfullyOWNERS GORPORATION PI.AN NO. 326868
SANDRA STOCKWELLProperty Conveyancing
Direct Telephone 853f 8186Direct Email : [email protected],au
t/Ytir$r.vbcsrofitauLwd 1, 6 Riftlcll Parade El$ernwickMembo, olm8rE Corporatjons Mctoria
. Commlttcdto Excelhnce -
ANvlcroRlA
BODY CORPORATE SERVIGES ?Tf.LrDPootal Addrass: PO Box 201 Elstofillvick 3185
Teiephone: 95235038 Facsimlle: 952E6935
OWNERS CORPORATION CERTI FICATE
Secgon lsl Owners Corpontions Act 2006 "no-n"g'ltiion
it ownt15 Corpantions Regulatlons 20AT
Address-nusset-u STREET, M E-l=Fgy $EAdoress af {, ntL,c,eELL e t r\-b I t " 'rr '- -
i,iiE'i"Ucr*s c po Box 2sl, -E-LSTERNWICI(.3.18jifr.[?"?iri[i""Ei'rr-u"-o-ot-t--ot' sBii;il;s unit 58) on Plan of subdivision No'
121
326868
Vendor GlLUllGHAU
ii! lH" iii'olii"il li'ii,tiiirl[ -io eo aag so urH M E LB o u R N E
ij;i;ih;t id ippiiotel *"t tu*iuuo,2JI !!=$=TvtG 3205
2.3.1.
E
The cunent+ffi;;it"il;ffin"t'r,i 6Ld tE S" iot n"uu b.een paid up to.is: 30 JUNE 2009
iil iotai i,i "ti
titpna fees.or.chansqs for'* 9,1T; llllThe total of any unpato tees or cnalrgt's rur trrs 'i,?lO ilru iat "
on which they were struck and are payableiiie ipeciat te6s oi levies which have been struclare: NlL. - -- :- ^L-,,1 r^ rra
-6r{^mar{ ruhiah mav ineur
il"; 'ilii", maintenance.or other y9l! yryflF'^P:,:::::,:,*::t:lf f""g?SEl'JJi"I.l" 'n'"'ilfi'ffili.'l[l.Jffi1;;=hil;elq"gijti'*iiii*'. annuar-re-e-s-and speciar revies are:
LEvtEs irAy BE SriubK;bliNerriiSEcuntiY ooon sYsTEt't. ro DArE No Lf:0?l$ifr?'H5+ilfit"ri'FbHiiL'ii;#tirHfii-Dobir cisiEr'r. 'ro DArE No LEVY AccouNrsHAVE ISSUED.
6. Insurance'' i'riJ o"ners corporation presenily has the followino insurance cover:*ami orcompanv
ion Presenuv 'rar u'g'*36'rie!]igi]!$tg1g,Y$BFFffi'llls3ji-fri1iiiiNumber of poffcy , -Et
bL ev' -- - TELEPHONE: 03 86954000
5$ff'"Jf:]|.Ju"; {g.4'1t-q* FAx:'0cs620 0606Fuuril liioniry amount iarlncneo'guildings
cov'ered {SHEETRinew-atcate { ^
' lli{+fSf."#13"tnffifl5_fffiff'flr"iio_ryr oF owNERs coRpoRA.oN Ar END oF LAsrFrinliibiir'i VErn nrlo c uRnerur BANK BALAN c E'
g. Are there any tiauilitiesir ute bwners corporation that are not ccve.red by annuat fees, special levies and
repairs and mainten;;c; "i-t*
oui "Uove:
lf so' then provide details: NIL
g,Arethereanycurrentcontracts,leaseljET:esoragreementsaffectinothecommonproperly'lfso'thenprovide detaits: See nrncgEo snier rOHiolr?nnCiC' l'tAWrE=t'tANcE G'STS OF
nrnconotnONtNqARE RECOVERED rn6iriiilrii' sh' iA, e' CC' sa' 5C' 5D' 6c' 88' 8C' 9A' 98'
.,0. l?; frt*:li ff1"?, agreements to provide services to tot owners, occupiers or the public? lf so' then
,r. lll"lf,E#-#ilt;rli:", or orders served or rhe owners corporation in the tast 12 months that have not been
,, m*:l;l"T;il:ill"f"':ffi3H]h[fltne owners corporarion is a.partv ?td "ll_"jrymstances of which
'-' inJowners eere'&i;ffi;wit"lnglryf5"Jr'3-iii";5;ltgffiSil"fi"t"H1*"n o":':" detairs:j;ossiBlE LEGAL AcTloN FoR REcovE
13. Has the owners cori'#i:,;'. ippq'leg gllurliu"i p_qppgllt.uanager? lf so, then provide details:'"' "--i'il;VicioniAiicjoV ddnponarE sERvlcEs Pw LrD14. Has an administrahcr been appointedjor tn"ilwnlii coiporation' or has there been a proposal for the
appointment of an administratori N(,15. Document" r"qu,roi-to ilr'"tti.nroto the owners corporation cerlificate are'
(t) A@pyotany ruds'iefitdd ,|-G;d vi"ronr. pius MooEl RULES APPLY (AfiACHED)
(2, A copy of arr resofJdoiJmade al the last annual sensral meeting'(3) A enwof Fqrm z'"r inJ o*""n corporation ilg"ulanons iioi Jntitred 'statement of Advice and Information for
'-' 'i'6[ieai"e Purchasers End Lot owners"
ThisownersCorporationcertificatewaspreparedbyVictoriaBodyCorporateServicesPtyLtdasde|egateoftheOrners CorPoration.
Dated this ZSTH daY of MAY 2009
t<' . . . " t """""""""HERMAN KLEIN 'vrEriiiiil soDV boRpon*te sERvlcEs PrY LrD
Lev6l 1.6 Rlddet Pared€ EbFmwickUemUai of tns$tute of Body Corpo'atc Managotg
. Commited to Exs€l|ctlc€'lc.N. m? 84 *12
25 lfAY 09
ne Owncrg go4roratlon No!Addreso of ProP.rtY:
rNsuR.!|llgF Por,rcY DE[AIr,s
Illsuletr:Eroker:
X.nsuratrce r14t€;Polisy Nunbert
Renewal DaEetPrcsriun;
AtnounE rnaured!Valuatlon:
E cce55:
Insurer!Brokerr
Inauratrce I'!.Tlc:Pollcy Nurulcerr
Renerra] IreEe iPremlumt
Aaloullt, Insuted:S(ce88 !
Inaurcr:Broker:
IRaurasce TYPerPo1lcy Nuniberr
RereHal DaEe:PreTnlunt:
InbuuE, Inguredrbccesl:
InBurerrBroker;
IE3urance T)4)e:PolicY Nuttibcrr
Rencwal Date!Eemlurn:
Ar|ounc InguredrFCCEES:
Contract:Reneflal Dal,e:
3 268 6627-37 RUSSEI,L SI|RAETilEIAOI'RNE 3OOOtTfiOI,E OF EUILDING}
cguWHITBREADButlding1454915 MAR r.00r9E51.23$19, o3o, oooRA VAL Oll09 PREIiIrER $17,620,000Erqrloratory & BurBt 51000waEer - (Nor BursEs) $5000Any cause $r00
qu
lII{ITAREN)ConEentg1454915 MAR 10
$163, o0o
csuIIBI1'1BREADPublic Rlek14s4915 l'lAR 10
$20, 000, ooo
cEuIflIITBREADoffice EearetL454915 t4AR l0
s5, 000, 000
oHNERS mRFoelrlo4 gUNDS
Net rorLh of, ornerE CorpoxaEion aE 30/06/08:ToEal Culrent' BanX Bafance!
COTTR]ACT REGISTER
$43442.92$r13558. ??
KONE EI,SUATORS01 A.PR OB F.rqtiry Date; ot_ ApR 08
326888 ma m081125
PRESENT:
IN ATTENDANCE :
PROXES:
OWNERS GORPORATION 1 PI-AT{ NO 326868
27 -37 RUSSELLSTREET, MELBOURNE(Whole Building)
MINUTESoFTHE200SANNUALGENERALMEETINGoFMEMBERSoFowruEnb-conponmoN 1 PLAN NO' 326868
HELD AT LEV;i i, d NIOOEIL PARADE. ELSTERNWICK. ot't zs NbVEMgen zooa nr 0'oo plvl
Nqme
Mr Moh YeohMr Gurpaul SidhuMs Conchetta Rose rePresentingMr Ken Laws & Mr NeilLawsMrs Julie AllbuttMr Markos TsiPos rePresenting
Mr NajiCohenMrs Aiice Sidhu rePresenlingMrPaulTaYlor rePresentingMs Jean GreenMrs Teresa FergusonMs Suzie Howie
Mr Hock Lee, Vlctoria Bocly Corporate Services Pty Ltd
Mr Neil Ferguson, Unit 9AMs Aimee RoYle, Quest Apartments'
Ms Gonchetta Rose was appointed aslrroxy{orMr Richard Valentine & Mr Grant Francs
Mr Markos Tsipos was appointed as proxy for
Mr Matthew Spotkaeff & Ms Lisa JenKlnson
Mazhome PtY LtdMr TimothY & Mrs Peta GillinghamMs MirYana PanaPoulosBanajoy PtY Ltd
Mrs Alice SiOnu was appointed as proxy for
Mr Peter McKaYnl|r Fiut Taylor was appointed as prory for
Mr Francis LeowMr Francis & Mrs T Leow
Unit
2A3A3C3D4A4C,4D, 5A,58,6C,74,8C,985C3c,5D7C,1087D9A10c
3C
4C4D5B6C7A
5D
7C108
CHAIRilAN:
IIINUTES OFPREVIOUSAI{NUALGENERAL MEETING I
|TwAsREsoLvEDtoappointMrHockLeetoactastheCha|rmanoftheMeeting.
|TwASREsoLvEDthattheMinutesoftheAnnualGenera|Meetinghe|don22.11.07 as presented;th;Mili^g be connrmed as a true and ac<rrrate
account of proceeding. -"ithai
M"eU-ng aftgr it was noted that Mr Pau[
Taylor,s name was "*r*Jdrv'iiinu;i*
rn" first and second pages as Mr
clwn€rs corporat,r" ,r ",."
fi::if8:f63Mlhutes ot 2008 AqM 25,1 1.08
Peter Taylor.
tT wAS RESOLVED to approve and adopt the Financial $tatements prepared
by Victoria Body Corporaie Services and consisting of the followtng:FIHANCIALSTATEMENTS:
DEFICIT LEVY:
COilIITIITTES REPORT
COIIMITTEE OFMANAGEMENT:
(a)(b)
Statement of Financial Performance for the year ended 30'6'08'Statement of Financial Position as at 30-6.08
NarneMr Moh YeohMr GurpaulSidhuMs Conchetta Rose representingMrPaulTaYlor rePresentingMr Scott AllbuttMrs Alice SidhuMrs Julie Allbutt rePresentingMr Markos TsiPosMr Neil Ferguson rePresentingMs Suzie Howie
It was noted that there was a Maintenance Fund deficit of $15,252.61and a
dinfing Fund surplus of $7g,073.1g per the statement of Income &
Expenditure for the Year 30'6.08.
Mr Gurpaul Sidhu informed the meeting that some of the expenses charged to
the Maintenance Fund could be expenses of the Sinking Fu6d and-
ieiommenOed that those expenses be referred to Mr Scott Allbuftfor
confirmation as he authorised them.
lT wAs RESOLVED to refer to the new committee the decision whether to
;;;;#"tion to strike a special levy to eliminate the Maintenance Fund
delicit of $15,252.61 at 30'6'08.
The Chairman of the Committee, Mr Gurpaul Sidhu, provided a vetbal report
ir,ri tn"iu *r. on" Comrnittee tr/leeting and actions taken are recorded in the
minutes of that meeting'
lT WAS RESOLVED that a Committee of 10 Members be appointed until the
next Annual General Meeting'
The following were declared duly elected as Members of the committee of the
Owners Corioration and Mr Neil Ferguson was elected Chairperson'
Unlt No.2A3A3C3D4A5D7D8C9A10c
lT WAS FURTHER RESOLVED that the Committee may determine the notlce
to be given for a commiftee meeting and ls not required to_give.th.ree (3) days
noticJas set down in section 109 ol the Owners Corpontions Act 2006.
lTwAg RESOLVED that the owners corporation delegates by these mhutes
to the committee of the owners corporation all the powers it may properlyDELEGATION TO
COIIMITTEE:
COIJIMON SEAL :
APPOINTMENT OFOWNERSCORPOR.ATIONMANAGER
DELEGATIONTOTIIANAGER:
INSURAI{CE:
owner' corporsno" .r ",rn
[l?li8l8Slnrrter o12008 AGM 25.11.08
detegate pursuant to the provisions of Section 1 1 of the Owners CorporationAcf 2000.
lT WAS RESOLVED pursuant to section 20 of the Owners Corpontion Act2000 to authorise the affixing of the common seal of the Owners Corporationto leases, licences, assignments or transfer of leases or llcencss, contracttand agreements required to be executed under the common seal of theOwners Corporation if approved by the Committee.
lT WAS RESOLVED that the Owners Corporation appoints Victoria BodyCorporate Services Pty Ltd to ba the Manager of the Owners Corporalion inaccordance with Sectjon 119 of the Owners Corpontion Act2006 subJect tothe Committee approving and signing the Contract of Appointmenl
fT WAS RESOLVED that pursuant to Section 11 of the Ovvners QorpntionAct 2006 the Owners Corporation delegates powers and funct'trrns to theManager as set out in these minutes and the Contract of Appointment.
lT WAS RESOLVED that the Manager alrange a valuation for insurance ofthe Buildings and lmprovements from an independent Valuer and forthwithinsure the Buildings and lmprovements as Indicated by such valuation.
lT wAs FURTHER RESOLVED that pending Valuation for lnsurance, and asrequired under the Part 3 Division 6 of the awners Gorpontion Acf 2006. theManager continue the followlng cover on the property with the pjese$Insurance Company and upon receipt of the valuation report adjust theinsurance in accordance with valuation report.
lnsurer :
Building
Excess
Exploratory & Burst
Water (not bursts)
Any Cause
Public Liabili$
CHU
$ 15,105,000
$ 1,000
$ 1,000
$ 100
$ 20,000,000
Loss of Rent / Temp. Accom. $ 5,000,000
Members were reminded thal OWners Corporation insgrance does not Covercontents or owners chattels (e.9. carpets) inside the units. Each ownershould have Contents Insurance which includes personal Public Liabili$.Landlords are advised to have Landlords Contents cover.
lT wAs RESOLVED FURTHER that the commlttee prepare an inventory of
owrer$ corporau* 1 Ph"[:?:ldlBMlorh of20o8 AGM 25'11'08
common area contents and instruct the Manager to insure its totalvalue with
the present insutance company.
FEES ro covER tT wAs RESoLyED that pursuant to Section 23 of the Orvners hrpontion
GENERAL Acf 2006. an amount of $isg,oOO be taised to meet the anticipated-expenses
aoiirnisinantoN AND for the current financial year of the owners Corporation belng 1'72008 to
t A|NTENANCE 30.6.200S. Thts Fund ii to remain In force untilthe next Annual General1.7.2008 to 30.6.2009: Meeting.
This amount of $158,000 cornprises :-
FEES:
This amount is to be levied by NoTlcE from the Manager QUARTERLY lN
ADVANCE ON THE DUE DATE BEING lST of July, October, January and
April.
ITWAS RESOLVED to set Fees per unit as follows :
Maintenance Fund :
Sinking Fund :
Unit1
2A283A3C3D4A4B4c4DCA
5B5C5D6A6B6C6D7A7B7C7D
$ 70,000
$ 88.0q0
$1s8,000
Per Quarter$4072.15v072.15$488,65$1913.90$109e,50$488.6s$936.60$936.00$1058.75$570.10$930.60$936,60$1058.75$570.10$977.30$e77.30$1099.50$610.80$977.30$977.30$109e.50$610.80
Pog€ 5 of G
Giltrers Co.Dorstlon 1 Plan No.326E88Minirlcs ol2O08 AGM 25.'l1'08
FEES:Contd
8AUnit8Bsc8D9A9B9C10410810c
TOTAL
$1018.05Per Quarter$1018.05$1099.50$051.55$1710.30$1710.30$1425.25$1547.40$15E8.15$1262,35$39499.80
LATE PAYMENT OFADMINISTRATIONFUND AND LEVIES:
ARREARS AS AT DATEOF iIEETING:
OCCUPATIOML}IEALTH & EAFETY:
GENERAL BUSINE$S :
LONGTERMBUILD]NGHAINTENANCE:
|TwAsRESoLVEDthatMaintenancechargesand|eviesarepayablewithin30 days of the due date'
|TwAsFURTHERRESoLVEDthattheownersCorporationwi||,pursuanttosection 29 of the O*r* Cinoratrons Acf 2000' apply interestlg tl?
amounts owtng by "
r"*O.i?ftei ne Oue qqle at ihe-rate fixed from *me to
iir"* unO"i tnJ p6na$ /nferasf Rafes Act 1983'
The Manager advised the Meeting that there were five (5) owners in anears
as at date of Meeting'
TheManageradvisedthemeetingoftheoperationoftheoccupationalHea|th& Safety Act 2004 anO'itre neeO fir compltince so as not to adversely impact
on the insurance polic''ot-diJ piop"rty ahO in order to avoid any possible
penalties being applied to tfre btvh"td Corporatlon' The Manager advised
members that victoria'B;Ovi*iJrt"-s"*ir". Pty Ltd is not a.bullding
surveyor or engineer anJii not able to determine compliance obligations.
|TwAsRESoLVEDtorefertheappointme.ntgfaConsultanttocarryoulanassessment to oetermine-;;#ti#;;th .occupational
Health & safetv Act
ZOO+ provisions to the Committee for consideration'
Members were generally in agreem"ll F?t is-was Prudent for thB*Ovunere
Coip"i"tio" to ;uild up'ln aaEcuate Sinking.Fund for the long term
il"iii"n"n"" of the building such as external painting'
tTwASREsoLvEDtorefertotheGommitteetoconsidertheappo|ntmentofa building consultant to pit-p"'"." l91q t"'T-jl"intenance plan and to prloritise
th;;;;;; *i"r" maintenance should be undertaken'
Plge 6 ofoovvnEts Conoretlon 1 Phn No' 326868
utniH-ol2!!9Ac!43t tL.q!
MAINTEI{ANCEE'(PENSES:
ITwAsREsoLvEDthattheCommittee-reviewtheovera||leve|ofexPensgsover the past three V*ii, ""0 "o*pgre
them against similar buildings, using
ft'u re*ii"t of a uuilding consuftant if necessary'
Chairman
2008Q
Psge 7 ofoO$rners coDqttlon'l Plgr No' 32€868
Mhulas of 2008 AGM 25.11.08
PO BOX 291, ELSTERTIWICK 3tEEToL 0523 5038efi2r200r -J
BODY CORPORATE PLA.N NO.32686$
"The Cavendish", Tl'37 Russet Street' lVlelbourne
SPECIAL R{ILBS:
Usc of cotrlfiiqn PfoPcrty a'ud lots
A Member mu$ not, and must ctlsure ihat the occupiet of a
Member's lot docs not -
(a) use dre co.trunoD'. Propeny 9l--ryTii^ the cordnon
property to.o. u"d t sirch'a meonbr as.to unressonably
intertero *,,u ot-fr"uJtrt i!s' 9l: by otF-qr Mcmbers or
iilJti.ns of totsbr tlrcir famiiies or visitonii or
(b) Prrk or leave a vehicte on the cornraon propcny so as
to obsrntcr t o"*t*y or eoErance to a- lot or in any
olacc ochcr trttn'in'a'laiking rrea slecified for such
irutPose bY thc EodY CorPorate; or
(c}useorpert t i ta lotaf fsctedby' theBo.dyCorporat t to\e/' il;;[ fiti
"ov-'putpost rvirich ney bc i]legal or
ii.i"I* iJ-rnii"p'uoiion of the devcloomeot or may
causc a nutrun"i"Slloi"'tJ-ro-"tty- othci Memua or
occupier of roy-loloittti f"-:tiet or v'tsitors of any
zucti'vternucrs -or
occuPier; or
(d) .snke or pennit to be made ""{ Y{}":-l:ise
in or about
lhe comflIon pt.p-itil'-Ji^ny lot affcct€d by. the Body
Corporatei or
(c) makc. or permit to be rnade noisc frorn mtsic or\s., Fft;t ir":*,wk$"al.nqn*i11T'"o'kcep any anirnal on a iot affected by thc Body
Comoratc or ur" commott-ptopttg' {fI !;t{tg Siv€n
ilti["il trr. 'e"ay
cotpoiit" io icmgv.e such animalli,ii ,r',? noav CoiponiS-iil tiioited that the aoimalis causing a nuisancu; or
ogerale atry rype of cornmcrcial activity in any lnit
;fh:J;i-dil', rjtis r anj'iA rvitlout thc approval of the
BodY CorPoratc.
(D
G)
v607e56V260898 zfits sA-R s81
FS.26868M. Fage 12 of 12, printect 10:02 13/082003' search Enquiry 180454. CustomerEgoo
owTvERS COFPORA nofis REGUt4T',Ot{S 2007
SCHEDULE 2
IIODEL RULES FOR AH Owl{ERS CORPORATION
I Healtt! safotY endeecuritY
l.l Herlth, cafety and security of lotowltens' occupieru of lote and othsrs
Alotowncroroccrrp|ermustrrotuselhe|ot.orperm|ti ltobeu-sed,.sosslocausgahazardtothe hea[h, *fJil;fr-;ffiti/ oi an o*vner, occirpler. of user of another lot.
l.2Storageofflammgbb|iquldeandotherdangerouasub8tEncessndmatEr|els
(1}E:<ceptuliththeapprova|in*i!Polryg'erscorporatlo-n'anofileroroccuplerofa|otmustnot use or eton o,n the lot or on the *r.on propaily any farmable dremi:al' llquili or gae or
olher igmmabb mstorial'
(2) Thb rule dooe noi 6PFIY to-
(a}clrarrlca|s,|lqutds,gaeesorolhermatefaluaedor|rrtendEdtobeusedfordomosticpurposo$i or
(b)anyctremlcat.| iquid,gasorostermateria|inafueltankofamoiorvehlc|eorint€mal' mmbustion engine'
1,3 Waste dlsPosel
Ano,t'neroroccl,p|crrnuetensuretra!thedisposa|ofgaftageor.wasledoesnotadverselyaftsct the heafiIf,igjete oicomtort ot ttre ocanpiere or usare of other lots'
2 lUlanagement and edmlnlstraUon
2.1 lrlctering of *wicos and apportl'onment of cost$ of ssrvlces
(1) The ownara ooryoralion must notsoel<-PaYmenl or teimbuFement for a coat or c*rarge from a lot
otvnef or occupler lhat ie more than 91" "ti't*t
t tt at the supplier would have charged the lot
ovtner or occltpler br the seme goodr or seilioas'
(2}|fasuPpEerhaglssuedanac@unttotheownerscorPorat|on,theo|vnefscorporationcannotrecov€r fiom ths lol owner or oocupier an
"mount nrtri* inclrrdes any emounl that is able to be
dalmed as a corrcession or rebate by u on behalf of the lot orrner or occupler ftom lhe relevanl
suPdier.
(3) Subde (2) does not apply if the concession or rebstF-
(8)mustbac|aimedbythe|otowrerorocc.rrpierandtheo:{v.nsftico0orationha6glventherot qwneioi oJupLi in tpportuntty to ctiim il and the lot owner or o@uplBr hae not done
so by [td payment dats set by lhe relevanlGupPrcr; or
O) is pald dkectly to the lot o'vner or occupier as a refund'
3 Ues gf common ProportY
3.1 Us€ of common Ptbpsrty
(1)Anorvneroroccuplerofalotmuslnotobstruclthelawfulusgandenjoymentof|hscommon''' lioc"rtf ly any ottrer person entltbd to use the common property'
(2)Anorrneroroccupierofa|otmustnot,_withoutthewrittenapprova|o|theorvnerccorporation'use for hls or her own purposes as a garden any portion of tho common propBrty'
(3}AnepprovElundersubru|e(2)maystatsaperiodbrwhiclrtheapproval|sgranted'
(4) lf the orrners corporatlon has resolved that an animal ie a danger ot ls caushg a nulsanca to lhe
oommon p.;;i;,liffi;r ;]i;;;il"i,L-naice ot ttis rcsolution to lhe cnrner or occilcer who
ls keeing the anlmal'
(s)^,roryn.roroccuplerofalotwnois.keeplngananimalthatisthesublec'lofenotlceundercubrule (4) musf removs ihat anlmsl'
G)Subrrje6)and(5)donotapplytoananima|thatassietsapersonvrithanilnpalrmentordi6abi[tY.
3,2 Vehlsles and perklng on Gommon proPotty
Ano,{neforocclpierolalot'mugtnot,unless|nthecasgofanem€rgsncy|pari<or|eaveamotorveh|daoro|hervelric|eo|p€rmitamolorv€hic|eorothervehide-
(a) to be Parted or lefr in partring gpaoes sil'uated on common prop€rty and allocated for
oth€r lots: or
5
5.1
(b) on ih€ commo|Il properv so asto obstnJct a 4iv€way. Pethway, entrance oI exltto a lot:
or
(c) In any place o,trer than a pa*ing aree silualod on m|Trrlon properly spe€ined hr lhat' ' purpose Uy tha ourners corporalion.
3.3 DamagebcomrtonPrcPtltY
(t) An owner or occupler of a lot must not damag€ or altar the common poperly without lhe wdtten' -
appmval of the owners corporaton'
@) tui wrner or ocopier of a lot mud rrot dam"g,e 9.d91-1 llu:lujlth.at iorms part of lha
commonp]opertywithoutthewrifienapprova|ofthaownescorporat|on.
{3) An €ppro|ral under subrule (1) or (2) may ststl . petlod for lYhlch-tfte -€pproval ie granted, and
'-' m"y-si""ity the t,rorl€ arro djndilions towhidl ft6 appmval ls sttbjcot
(4) An owner or Penson authodsed by an orner may instalLll$Ilry:Ehq devtce.to. Prol€ci the' ' lot agalmt Inirub-615,;;lcresn'or bsrior to priverrt.entry ot anhq! or inseds, lf the devlce.
screen or barl"ti" i"un4f Urilt ard ls congistent with the colour, etyle and materials of the
bulldlng'
(5) The orvn€r or person rehned t'o In subrule (4) must keep arry device, scresll or banler lnstalled- '
ln good order and rePalr'
4 Lott
4.1 Changsofsseoflotl
An ownar or occilpier of a lot must give written nollfcation to he otrvrrers corporailon if the. otmer
":i **piei*"ilg"J.G exrsting usi of the lot In a way that wlll afied the Ineuranca premiume
br lne owlerE oorPoraiior.
f:rrmFlr|fth.d|.ngpdur.l€3|xtrh3hadolrecilvtt'bc|rrgcrn|cdCrutmhG|d!o'|!tu|blnhe|otbclneus.dfo(cDm.rr€.|orfrAusfrirt pupocel rrthct tll.n tadffild Fu$orta
Eehrvlour of Peraom
Behaylour of ffnero, occupleE and Invlber on common Prcporty
An owner or occupier of a lot must take all reasonaHa steps to en$re thal guests of the oflner
lri djpfei o" noi t"ttivt in a manner llkdy to unreasonably interftrs with lhe peacetul
enloymint ol any olher person enUlted to use he cofllmon flop€ny'
Nolee and otlrer nulsance contsol
(1) An owner or ocqDler of a lot or a guest ol an Ownsr Or ocoupier, must nst unroasonably creale''' anv nofsi rir."Vio inrlJ"r" rirn mfpii"at l errloyment of any other percon entt[ed lo uBe the
common prcp€rty.
(2) Subrule (1) does not appty to tha rnaking of a noiss lf lhe ou,ners corporalion has given written' ' psrmisslon for lhe noise to bo m8de.
glcpute regotutlon
(1) Ttre grievene procedure sel out in lhis rule applioE to disputes involvlng a lot ol'Yner' maneg€r''' oran ocqlpierorthe ornerscorponaUon.
(2) Ths party maklng the complaint must prep€re a written slatement In he approved fom'
(3) lf there is a grievance committee ol the owners cprporation, it must be noufied of the dispute by
thsdmplainsnL
(4) ]f there ls no grievance comminee, ths ovvners corporation mJsi P€ rplilied of any dfsprne by the
@mplainant, r€gardbsiof uftelher the own6rg coiporaton ig an lnrmedlate party to the dispute'
(q The parties to lh€ dtsputg must mad End dlscttss the mattar in dlspute, alongwilh.either lhe
odevancs "om*rnoiiihe'ffmem
corporatlon, within 14 rrlorking days aflar lhe dlspute comes
[o ths qttention ol all the Parfos.
(6) A perty to the dtspute may appolnt a p€r8on to aci or epPear on hls or har behalf al lhe meeling'
cD lf the dlspute ls not resolved, te orlw"1- *mlte8 or oMl€rs coryoration muet notify eactt
"' ;fr oi-ri'rs orner,ig-titiirrilJiurirtracton underPed 10 of the Gnnerc Corpontlonr Act2006.
(g) Thig process ls separata fiom and does not limlt any furthsr adion under Parl 10 of the olflno|t-
CorporationeAct2006.
5.2
SCEEDITLE
FORM I
Rcgs 104 rnd 219 Subdivision @ody Corporate) Regulations 2001
Subdivision Acr t98E
STANDARD RULES
Usc of commor PropcttY snd lots
A mcmbcr must noq and musl ensurc that rhe occuPict of a mcmber's
lot does not-
Subdivision @ody Corporate) Regulations 2001
S.i' JVo' 2A200/,
use the common ProPefiy or ncrmir th9 Pftol Ptoq:rtv to bc
uscd io such a manncr es ro unreasonably intederc with or
;;;;;F;" by othcr mcmbcrs or occuPEnts of lots or their
farnilics or visltors;
par* or leavc a Yehicle or permit a vchiclc to bc puked or lcff on
ih" *rnton property so 8s to obsutct a drivaway or.cntrancc to
il;;;;i Pl'r"c othcr ttr"n in a parking area specilied for
such PurPose bY thc bodY corPoratc;
use or oerrnit a lot affecrcd by thc body cot?orat€ to be rrsed for
liii"'tpiJJrt;"it tuy bc illcgal or injurious to thc rcputation
oiG ato.toprncfit or may causc a nuisancc or ltazard to any
"ir*" t"t_d
"t occupiciof any lot or thc famllies or visitors of
any such msrnbcr or occuPicr;
make or peflflil to bc made any unduc noise in or about thc
ffi;;;6;;"y oi anv rot aireacd bv tbc bodvcorporatc;'
make or permit to be nadc noisc from music or machincry which
itilii'rt'"*J"rrtiloe thc owne/s lot bclwccn thc hours of ''midnight and E.00 a.m.;
keep any anirnal on the common propery aRer being givcn
n"iil" uv tftu body corporatt to rimo"e thc animal after the body
;il;i. h", rcsolv"arrrat the animal ls causing a nuisance'
(a)
o)
(c)
(d)
(c)
(f)
36
SCIIEDI'LE 3Rcgulation l2
STATEMENToFA.DvtcEANI}IMoRII&AT|oNFoRPRoSPECTTVEPIIRCHASERSAND LOT OWNERS
IYbrt is rn owrcnt corPoretion?
Thc lot you are considcring buying is palrof an orf,ncls corPontlon' whurcvcr a plur ofsubdivision qcatcs
corrmon property, * "*J;;;;-";tion
it topontible foimanaging llrc common propcfiy' A purchaser of a
lor thar is por of an "-t.^
;;;;;ioitmo.ti*lly.becomes a membcr of thc owncrs corygrstion whon thc
rransfcr ofthat lot to the purchlser bas bcen rcgistcred with Land Victoria'
lfyou buy into 8n 'wncrs
corpontion, you will bc purchasing not only thc individual Propcrty' bul also
;J;;; oil rna rr,. right to usc, the iommon propirty as sct out in thc plo of subdivision' This common
ilr,:ffiil;.tud, ffl.*ryr, srain, paths, par."g.r, lifir, lobbics, common gardcn arcs and orhcr facilities
scr uD for usc by ownerc anJ ilpi.". i" -i.t
ro io*cry the boundary bttrveen lhe individual lot you are
il:il#;t"-t;icl rt e o*n"ril toiurv rerponsiblc) *i tht
"otton Property (for which all mcmbcrs of thc
owncns corporatlon arc rcsponsiblc), you strouta closcly inspea thc plan of subdivision
llow arc decisions mrdc by in onrnlnt corporrllon?
Asanorvleryouwi||bcrequircdromakefinancia|coltriburionsrolhcowncrscorPoretioniinparticularforthcrcoair. rnainlcnlnce ano *.nrg.r.nt of thc cornmon.propcfty. Decisions ss 10 lhc managcmcnt of this common
-.^..,nr will bc ihc suU.i"a oitlf".tivc dccision ttiing. Dicisions as to thcsc financial conrributions' which
il;;;;"i"; significrnt cxpcnditurc, wilt bc decidcd by r votc'
Owncrr corPonillo[ rul's
Thc owners corporation rules may dca! wilh mattcrs such as car porking, l9it",-Pott, the appearance or use of
lo$, behaviour or o*.o,.oi.ufl.* o, guoo and gricvance proccdurrs. You should look at rbc owncrs
"-#*ion rutes to consider any rcstrictions imposcd by the rules'
Lol cntillcmsnt rnd lol llabillfy
Thcplanofsrrbdivisionwil|atsoshowyourlotentit|ernentsnd|otl iabil i ty.I.or|iabi| ityrcpresentsthcsharcofowncrs corporarioncxpensl-r'iJr;; tl;'1"'i: "qlt'.',1-'"-.p-t*T::1{***l'.T::,fiT:1,'.11,,"" ":Hfr#ffiffi;;n.}*fr, which dctcrmincs voling ris*s. You-should.make surc that 0re'allocation of
il fi"biil-,.nj.nritt.n,.ni ioitt. ior you rre considering buying sccms, fair and rcasonablc'
Fudhcr infornrtion
lf you arc in$rcsrcd in linding out morc^ aboul living in an owners corporalion, you c8n coolacl consumcr
Affairs Victoria. lf you ,"qui?. furtt.t informarionlbout thc Parliculir owrrers corPoration ysu arc buying into
il; iiipt"r tf,ut o*nets corpolElion's ioformation registcr'
ManrBcmcnl of rn owners corporrlion
An olyncrs Corpon|tionmay bc self.manrged by the tot owncrs or plolcsrionally managed by an owncrs
corDoration maDrtcr. ,, "n oin""
""rr"h1i"1 .1lqs:s lo appoinia profcssional malrager' it must bc a managcr
;il;;;h rhl sut i ness Liccns ing Aurhoritv (B LA)'
|FYoUAREUNCERTAINABoUTANYAsPEcToFTHEowNERScoRPoMTtoNoRANyDOCUMENTS YOU HIVE RECEIVED IN RELATION TO THE OWNERS CORPORATTON YOU
SHOULD SEEK EXPERT ADVICE.
Further lnformation on prescribed manens can be obtained by inspecrion of the owners corporation
rcgistcr.