Independent Property Report
This document is drafted by atruly ethicaladvocate of the law in Queensland during the entire set of proceedings. Mr William Purcell was formally a member of the Ethics Committee of the Queensland Law Society. He had the courage to pen this document and call out those who had been in violation of IPA 1997. This document was drafted based on the FOI documents available at the time. The originals were helped clarify the swindle by James Noble against Raymond Berndt and the Gallagher family the then owners of land to the west.
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4.74 The relevance of that to a body corporate and lot owners, who were bound by a continuing approval under IPA, was the development offence provision in Section 4.3.3 (1). It stated that a person must not contravene a development approval, including any condition of the approval. The maximum penalty for an offence under that Section was 1,665 points – a large penalty.
4.75 For that reason, it was incumbent upon the committee members of bodies corporate and professional body corporate managers to manage the risk of such contravention. That requires, amongst other things, identifying the conditions of the development approval which applies to them.
4.76 Consequently, one would have to expect a body corporate committee which comprised lawyers, accountants, and the like (as was the case with Goldieslie Park), to have become so informed.
This is the reason why we were forced to endure the fate destined for Mr Rodney Bell and Mr James Noble, now many of those Barristers that committed these crimes are Judges!