CONTRACT OF SALE

and
VENDORS STATEMENT

TO THE PURCHASER OF REAL ESTATE PURSUANT

TO SECTION 32 OF THE SALE OF LAND ACT 1962 (“the ACT”)

VENDOR: RUI WU
PROPERTY: UNIT 16/1245 BURKE ROAD, KEW VIC 3101
OUR REFERENCE NO. MV23051

GORDON CONVEYANCING MANNINGHAM PTY LTD

Telephone | 9038 8221 Fax | 9842 7639 Email | info@GordonConveyancing.com.au
Address | 1023 Doncaster Road Doncaster East Vic 3109
 CONTRACT OF SALE OF REAL ESTATE
PART 1 OF THE STANDARD FORM OF CONTRACT PRESCRIBED
BY THE ESTATE AGENTS (CONTRACTS) REGULATIONS 2008

IMPORTANT NOTICE TO PURCHASERS

Cooling-off period
Section 31, Sale of Land Act 1962
1 You may end this contract within 3 clear business days of the day that you sign the contract if none of the exceptions listed below applies
to you.
2 You must either give the vendor or the vendor's agent written notice that you are ending the contract or leave the notice at the address of
the vendor or the vendor's agent to end this contract within this time in accordance with this cooling-off provision.
3 You are entitled to a refund of all the money you paid EXCEPT for $100 or 02% of the purchase price (whichever is more) if you end the
contract in this way.
EXCEPTIONS
The 3-day cooling-off period does not apply if—
1. the sale is by publicly advertised auction;
2. the property is sold-
(a)at a publicly advertised auction;
(b)within three clear business days before the day on which a publicly advertised auction for the sale of that land is to be held;
(c) within three clear business days after the day on which a publicly advertised auction for the sale of that land was held;
3. the purchaser has sought and received independent advice from a legal practitioner before signing the contract.
4. the purchaser is an estate agent within the meaning of the Estate Agents Act 1980 or a corporate body;
the vendor and purchaser have previously entered into a contract for the sale of the same land in substantially the same terms.

The Vendor sells and the Purchaser buys both the Property and the Chattels (if any) for the price shown and upon the conditions set out in this Contract.
The conditions of this contract are contained in the attached:-
1. Particulars of Sale;
2. Schedule;
3. Special Conditions (if any);
4. General Condition;
5. Guarantee;
6. Vendors Statement Pursuant to Section 32(1) of the Sale of Land Act 1962
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 part of this contract. The parties should ensure that
when they sign the contract they receive a copy of the Vendor’s Statement, the general conditions and any special conditions.

SIGNING OF THIS CONTRACT

The authority of a person signing:
1. under power of attorney; or
2. as director of a corporation; or
3. as agent authorized in writing by one of the parties
must be noted beneath the signature.
Any person whose signature is secured by an estate agent acknowledges being given by the agent at the time of signing a copy of this contract
comprising:
1. Form 1 (Contract of Sale of Real Estate – Particulars of Sale);
2. Special Conditions, if any;
3. Form 2 (Contract of Sale of Real Estate – General Conditions);
4. Vendor’s Statement.

SIGNED BY THE PURCHASER: _______________________________________________________________________________________________

Print name of Purchaser(s):
State nature of authority if applicable (e.g. “director”, “attorney under power of attorney”)
on the day of 20

This offer will lapse unless accepted within [ ___________ ] clear business days (3 days if none specified).

SIGNED BY THE VENDORS: _________________________________________________________________________________________________

Print name of Vendor(s) : RUI WU
State nature of authority if applicable (e.g. “director”, “attorney under power of attorney”)
on the day of 20

The DAY OF SALE is the date by which both parties have signed this contract.
 CONTRACT OF SALE OF REAL ESTATE
PARTICULARS OF SALE

VENDOR’S BELLE PROPERTY BALWYN T: 03 9830 7000

ESTATE AGENT: 544 WHITEHORSE ROAD SURREY HILLS VIC 3127 F: 03

VENDOR’S GORDON CONVEYANCING MANNINGHAM PTY LTD T: 03 9038 8221

REPRESENTATIVE: 1023 Doncaster Road Doncaster East Vic 3109 F: 03 9842 7639
Email: info@GordonConveyancing.com.au Ref: MV23051

PURCHASER’S name T:
REPRESENTATIVE: address F:
email

VENDOR: RUI WU

PURCHASER: name

of address

LAND: Lot 16 on PS 537794N being that land more particularly described in certificate of title Volume 11159
Folio 899

PROPERTY ADDRESS: UNIT 16/1245 BURKE ROAD, KEW VIC 3101

GOODS: All fixed floor coverings, window trims, fittings and fixtures as inspected

PURCHASE PRICE: $

DEPOSIT $ 10% on the signing hereof

BALANCE $

GST (refer to general condition 13)

The price includes GST (if any) unless the word ‘plus GST’ appear in this box

If this is the sale of a farming business or a going concern then add the words ‘farming business’ or ‘going concern’ in this box

If the margin scheme will be used to calculate GST then add the words ‘margin scheme’ in this box
SETTLEMENT
Settlement is due on the day of 20
Unless the land is a lot on a Plan of Subdivision in which case settlement is due on the above date or 14 days after the Vendor
gives notice to the Purchaser/s of registration of the Plan, whichever is the later date.

At settlement the Purchaser/s shall be entitled to vacant possession unless the words ‘subject to lease’ appear in this box

In which case refer to General Condition 1.1.

If ‘subject to lease’ then the particulars of any lease are: As attached

If this contract is intended to be a terms contract within the meaning of the Sale of Land Act 1962 then add the words ‘terms
contract’ in this box

ENCUMBRANCES
This contract is NOT subject to an existing mortgage unless the words ‘subject to an existing mortgage’ appear in this box

SPECIAL CONDITION
This contract does not include any special conditions unless the words ‘special conditions’ appear in this box
special conditions

LOAN (refer to General Condition 14)

The following details apply if this contract is subject to a loan being approved:

Lender Name:

Loan amount:

Approval Date:
 SCHEDULE
ITEM (1) Encumbrances to be assumed by the purchaser:-
The easements, covenants and other restrictions and encumbrances shown in the Section 32 Vendor’s Statement of the
Sale of Land Act 1962.
ITEM (2) An approved indemnity is not in force and a claim has not been made.

CONTRACT OF SALE OF REAL ESTATE

SPECIAL CONDITIONS

1. AUCTION CONDUCT RULES

1.1 The deposit payable hereunder shall be ten per centum (10%) of the purchase price.
1.2 The property is offered for sale by public auction.
1.3 Subject to the vendor’s reserve price the highest bidder whose bid is accepted by the Auctioneer shall be the Purchaser. The
Auctioneer may refuse any bid. No bid once made shall be retracted. If any dispute arises in respect of any bid the Auctioneer shall
determine the dispute or resubmit the property at the last undisputed bid.
1.4 The Vendor reserves the rights:-
(a) to refuse any bid;
(b) to withdraw the property from sale at any time without disclosing the reserve price; and
(c) to bid by the Auctioneer.
1.5 The Purchaser to whom the land is sold shall immediately sign this Contract of Sale and pay the deposit to the Vendor’s Agent.
1.6 The Auctioneer shall not be obliged to refer any bid to the Vendor prior to selling the property.
1.7 In the event that the property is not sold, the Auctioneer may grant the highest bidder the first right of refusal at the reserve price.
1.8 The Vendor’s Agent will not be obligated to follow any Purchaser’s request as to any disclosure of the auction results or sale price.
1.9 The Rules for the conduct of the auction sale be as set out in Schedule 1 to the Sale of Land Regulations 2005, or any rules
prescribed by regulation which modify or replace those Rules.

2. INTERPRETATION
2.1 In this Contract unless the context requires otherwise, a reference to:
(1) one gender includes the other genders;
(2) the singular includes the plural and the plural includes the singular;
(3) a person includes a body corporate; and
(4) a reference to legislation includes:
(a) that legislation as amended or re-enacted from time to time; and
(b) a statute, regulation, provision, by-law or other rule enacted pursuant to or in replacement of that legislation.
2.2 All monetary amounts are in Australian dollars.
2.3 Headings are for convenience only and do not form part of this Contract or affect its interpretation
2.4 A party which is a trustee is bound both personally and in its capacity as a trustee.
2.5 “Including” and similar expressions are not words of limitation.
2.6 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression
have a corresponding meaning.

3. DEFINITIONS
In this Contract unless the context requires otherwise:

3.1 Act means the Subdivision Act 1988 (Victoria).

3.2 Balance means the amount of money or percentage of the Price described in the Particulars of Sale.
3.3 Bank Guarantee means a deposit bond or irrevocable letter of credit, order or undertaking Issued by a bank or financial institution
that is acceptable to the Vendor (in its absolute discretion) and in favor of the Vendor for the amount of Deposit upon terms and
conditions which are to the satisfaction of the Vendor in its absolute discretion.
3.4 Business Day means any day on which trading banks are open for general banking in the City of Melbourne, excluding Saturdays
and Sundays.
3.5 Common Property means all common property created on registration of the Plan of Subdivision in respect of which the owner of
the Lot included in the Property is a member.
3.6 Contract means this contract of sale of real estate.
3.7 Day of Sale means the day of sale described in the Particulars of Sale.
3.8 Deposit means the amount of money described as the deposit in the Particulars of Sale.
3.9 FIRB means the Foreign Investment Review Board.
3.10 General Condition means a general condition of sale contained in the most recent edition of the Contract of Sale of Real Estate
published by the Law Institute of Victoria and the Real Estate Institute of Victoria Ltd.
3.11 Governmental Body means any government or any governmental, semi-governmental, administrative, fiscal, statutory or judicial
body, department, commission, authority, tribunal, agency or entity.
3.12 Guarantee means the guarantee and indemnity attached as Annexure 3 to this Contract.
3.13 Interest mean interest accrued on the Deposit in accordance with this Contract less all stamp and other duties, expenses and taxes
payable in relation to the account in which the Deposit may be invested.
3.14 Land means the lot referred to in the description of the Land in the Particulars of Sale.
3.15 Lender means the lender (if any) described in the Particulars of Sale.
3.16 Loan means the loan (if any) described in the Particulars of Sale.
3.17 Lot means a lot on the Plan of Subdivision.
3.18 Occupancy Permit means an occupancy permit issued under the Building Act 1993 in respect of property.
3.19 Outgoings means any rates, taxes, assessments and other outgoings which apply to the Land and includes insurance premiums
and fees of the Body Corporate but excludes any supplementary rates or other such rates assessed in respect of the Property after
the Settlement Date which are the responsibility of the Purchaser.
3.20 Particulars of Sale means the Particulars of Sale attached to and forming part of this Contract.
3.21 Price means the amount of money described as the price in the Particulars of Sale.
3.22 Property means the Lot described in the Particulars of Sale.
3.23 Purchaser means the person described as the purchaser in the Particulars of Sale and includes the Purchaser’s successors and
assigns as permitted under this Contract.
3.24 Registrar means the Registrar of Titles.
3.25 Sale of Land Act means the Sale of Land Act 1962 (Victoria).
3.26 Settlement Date means the date described as the settlement date in the Particulars of Sale.
3.27 Subdivision Regulations means the Subdivision (Body Corporate) Regulations 2001(Victoria).
3.28 Table A means Table a of the Seventh Schedule to the Transfer of Land Act 1958 (Victoria).
3.29 Takeovers Act means the Foreign Acquisitions and Takeovers Act 1975 (Commonwealth).
3.30 Transfer means an instrument of transfer referred to in Table A.
3.31 Treasurer means the Treasurer of the Commonwealth of Australia.
3.32 Vendor or Vendors means the person or persons described as the Vendor in the Particulars of Sale or his heirs successors,
assigns or transferees.

4. SECTION 32 SALE OF LAND ACT

The Purchaser acknowledges that prior to signing this Contract (or any other agreement or document in respect of the sale referred
to in this Contract which is legally binding or intended to legally bind the Purchaser), the Purchaser received from the Vendor a
statement signed by the Vendors in accordance with section 32 of the Sale of Land Act 1962.

5. JOINTLY AND SEVERALLY

If the Purchaser consists of more than one person each of them are jointly and severally bound by this Contract of Sale. Unless
inconsistent with the context words involving gender include all genders and the neuter and words importing the singular number
include the plural and vice versa.

6. AGREEMENT AS TO IDENTITY OF LAND

No Objection
The Purchaser will accept as identical with the Property the Certificate of Title corresponding to the Property and the Purchaser
must not make any requisition or objection, delay settlement or claim any compensation in respect of any errors or misdescriptions
in the area or the measurements of the Property hereby sold, or call upon the Vendor to amend title or to bear or contribute to any
expense of any amendment to the title of the Property hereby sold, rescind this contract or delay settlement for reason of any
matter referred to in this Contract. Condition 3 of Table A of the Seventh Schedule of the Transfer of Land Act 1958 shall not apply
to this Contract of Sale. The Vendor does not represent and gives no warranty that the area or the measurements boundaries or
occupation or location of the Property are identical with those disclosed in the Title Plan and the Purchaser acknowledges that the
Purchaser is purchasing the Property subject to all its restrictions on its use or development that are imposed or prescribed by any
Law that applies to it.
The Purchaser also acknowledges that this contract is the entire agreement between the Vendor and the Purchaser. The Purchaser
acknowledges that the Purchaser has inspected the Property and has made all enquiries and inquiries that a reasonably prudent
person would make before entering into this contract and that the Purchaser has entered into this contract on the basis of the
inspection inquiries and enquiries that the Purchaser has carried out and the Purchaser is relying on the judgment of the Purchaser,
and the Purchaser has not relied upon and does not rely upon and representation or warranty of any nature whatsoever made by or
on behalf of the Vendor or the Vendor’s agents other than those representations and warranties expressly set out in this contract.

7. REPRESENTATION AND WARRANTY

The Purchaser acknowledges that the Vendor has not, nor has anyone on the Vendor’s behalf, made any representation or
warranty as to the fitness for any particular purpose or otherwise of the property or that any structures comply with the current or
any building regulations and the Purchaser expressly releases the Vendor and/or the Vendor’s Agents from any claims demands in
respect thereof.

8. NOTICES AND ORDERS

The Purchaser shall assume liability for compliance with all Notices or Orders (other than those relating to current Rates) relating to
the property which are made or issued after the date of sale.

9. NOMINATION
Should the Contract disclose the property as sold to a Named Purchaser “and/or Nominee” (or similar words), the Named
Purchaser may, at least 14 days prior to the settlement date, nominate an additional or substitute Purchaser, however, the Named
Purchaser remains personally liable for the due performance of all the Purchaser’s obligations under this Contract of Sale. If the
Purchaser fails to so deliver the Nomination to the Vendor, the Vendor will not be obliged to complete this Contract until the
expiration of fourteen (14) business days from the date of delivery.

10. DIRECTOR’S GUARANTEE

If a company purchases the property, any person who signs this Contract will be personally responsible to comply with the terms
and conditions of this contract and the directors of the company must sign the Guarantees attached to this contract and deliver it to
the Vendor or Vendor’s Solicitor within 7 days of the day of sale, then the Purchaser shall be deemed to be in default under this
Contract and the Vendor shall be entitled to exercise the rights conferred pursuant to Table A of the 7 th Schedule to the Transfer of
Land Act 1958.

11. DEFAULT
11.1 If the Vendor gives a notice of default, the default is not remedied until the Purchaser:
(a) remedies the relevant default; and
(b) pays all costs and expenses incurred by the Vendor in the notice of default; and
(c) pays all interest in accordance with this Contract.
11.2 Interest
If the Purchaser defaults in payment of any moneys due under this contract then without prejudice to any other rights of the Vendor,
the purchaser shall pay to the Vendor interest at a rate of five (5) per cent higher than the rate for the time being fixed under section
2 of the Penalty Interest Rates Act 1983 computed on the money overdue during the period of default.
11.3 General
If the Purchaser breaches this Contract then in addition to the Vendors’ other rights under this Contract the Purchaser:
(a) must remedy the relevant breach and where the breach is incapable of remedy, pay compensation to the Vendors satisfaction
(b) must pay to the Vendors an amount equal to all costs, liability, loss or damage suffered or incurred by the Vendor as a result
of the breach (together “Loss”); and
(c) is responsible for and indemnifies the Vendors against Loss.

12. FOREIGN ACQUISITION

The Purchaser warrants that in the event that he or she is a person as defined by the Foreign Acquisitions & Takeovers Act all
requirements with the Act have been observed and that any loss occasioned by a breach of such warranty shall form the basis of
damages recoverable from the Purchaser.

13. GOODS AND SERVICES TAX

(1) ‘GST’ means GST within the meaning of the GST Act;
(2) ‘GST Act’ means A New Tax System (Goods and Services Tax) Act 1999;
(3) Expressions used in this special condition which are defined in the GST Act have the same meaning as given to them in the
GST Act.

14. DEPOSIT
14.1 The deposit monies payable by the Purchaser under this Contract shall be paid to the licensed Estate Agent acting for the Vendor.
All Deposit Monies paid hereunder shall be held and applied in accordance with the provisions of the Sale of Land Act 1962.
14.2 The Purchaser agrees that if requested by the Vendor to authorize release of the deposit early, provided the Property is on the date
of that request in a state and condition substantially identical to that in which it was on the day of sale, Section 27(2)(a) shall not be
relied upon to frustrate or delay the release of deposit.

15. THE PLAN OF SUBDIVISION:

The property is sold subject to any restriction as to user imposed by law or by any Authority with power under any legislation to
control the use of land. Any such restriction shall not constitute a defect in Title or a matter of Title or effect the validity of this
Contract and the Purchaser shall not make any requisition or objection or claim or be entitled to compensation or damages from the
Vendor in respect thereof.

16. THE PURCHASER AGREES THAT

16.1 Prior to signing this Contract the Purchaser inspected and established the state and condition of the Property, including its gardens
and landscaping, and accepts it in the state and condition as inspected and shall make no claim or requisition or objection in
connection with any variation in the state and condition thereof reasonably attributable to fair wear and tear or constituting minor
deterioration or degradation due to weathering or Act of God and occurring between the Day of Sale and the settlement date nor
delay settlement on account thereof;
16.2 Pending settlement the Vendor may, and shall be at liberty to, disconnect any utilities, including but not limited to electricity and
telephone, that may have been connected to and/or servicing the Property on the Day of Sale; the Purchaser shall be wholly
responsible for the cost of reconnection of any service to the Property and no claim shall be made against the Vendor in relation
thereto.

17. NOMINATION
General condition 18 is deleted and replaced by the following:
The purchaser may nominate a substitute or additional transferee, but the named purchaser remains personally liable for the due
performance of all the purchaser’s obligations under this contract.

18. FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING

18.1 Words defined or used in Subdivision 14-D of Schedule 1 to the Taxation Administration Act 1953 (Cth) have the same
meaning this special condition unless the context requires otherwise.

18.2 Every vendor under this contract is a foreign resident for the purposes of this special condition unless the vendor gives the
purchaser a special clearance certificate issued by the Commissioner under section 14-200 (1) of Schedule 1 to the Taxation
Administration Act 1953 (Cth). The specified period in the clearance certificate must include the actual date of settlement.

18.3 This special condition only applies if the purchaser is required to pay the Commissioner an amount in accordance with section 14-
200(3) or section 14-235 of Schedule 1 to the Taxation Administration Act 1953 (Cth) (“the amount”) because one or more of the
vendors is a foreign resident, the property is or will have a market value of $2 million or more just after the transaction, and the
transaction is not excluded under section 14-215(1) of Schedule 1 to the Taxation Administration Act 1953 (Cth).

18.4 The amount is to be deducted from the vendor’s entitlement to the contract consideration. The vendor must pay to the purchaser at
settlement such part of the amount as is represented by non-monetary consideration.
18.5 The purchaser must:
(a) engage a legal practitioner or conveyancer (“representative”) to conduct all legal aspects of settlement, including the
performance of the purchaser’s obligations in this special condition; and
(b) ensure that the representative does so.

18.6 The terms of the representative’s engagement are taken to include instructions to have regard to the vendor’s interests and
instructions that the representative must:

(a) pay, or ensure payment of, the amount to the Commissioner in the manner required by the Commissioner as soon as
reasonably and practicably possible, from moneys under the control or direction of the representative in accordance with this
special condition if the sale of the property settles;
 (b) promptly provide the vendor with proof of payment; and

(c) otherwise comply, or ensure compliance with, this special condition; despite

(d) any contrary instructions, other than from both the purchaser and the vendor; and

(e) any other provision in this contract to the contrary.

18.7 The representative is taken to have complied with the obligations in special condition 1B.6 if:

(a) the settlement is conducted through the electronic conveyancing system operated by Property Exchange Australia Ltd or any
other electronic conveyancing system agreed by the parties; and

(b) the amount is included in the settlement statement requiring payment to the Commissioner in respect of this transaction.

18.8 Any clearance certificate or document evidencing variation of the amount in accordance with section 14-253(2) of Schedule 1
to the Taxation Administration Act 1953 (Cth) must be given to the purchaser at least 5 business days before the due date for
settlement.

18.9 The vendor must provide the purchaser with such information as the purchaser requires to comply with the purchaser’s obligation to
pay the amount in accordance with section 14-200 of Schedule 1 to the Taxation Administration Act 1953 (Cth). The information
must be provided within 5 business days of request by the purchaser. The vendor warrants that the information the vendor provides
is true and correct.

18.10 The purchaser is responsible for any penalties or interest payable to the Commissioner on account of late payment of the amount.

19. CHATTELS
19.1 The Vendor does not give any warranty with respect to the chattels sold under this Contract nor with respect to any appliances,
including but not limited to any hot water service or stove, and any implied warranty as to the working condition or state thereof as
at the Day of Sale or the settlement date is hereby negated.
19.2 The Vendor is not required and is hereby relieved of any obligation, express or implied, to ensure that any chattel sold pursuant to
this Contract or any appliance, including but not limited to any hot water service or stove, is in the same state and condition on the
settlement date as it was on the Day of Sale. The Purchaser agrees and acknowledges that in relation to any appliance, including
but not limited to any hot water service or stove, that ceases to operate or function between the Day of Sale and the settlement date
such deterioration or change in the state and condition thereof shall be deemed to be wholly attributable to fair and normal wear
and tear.

20. INSPECTION
Except with the consent of the Vendor the Purchaser may only inspect the property on one occasion during the 7 days preceding
the settlement day.

21. SOLAR PANELS

The vendor makes no representations or gives any warranties whatsoever with respect to any solar panels or inverter installed on
the property hereby sold in relation to their condition, state or repair, fitness for purpose, their in-put, feed in tariff or any benefits
arising from the electricity generated by any solar panels, save that they are owned by the vendor and not encumbered in any way.
The purchaser acknowledges that any current arrangements with any energy supplier shall cease on the settlement.

22. PURCHASER BUYING UNEQUAL INTEREST

If there is more than one purchaser it is the purchaser’s responsibility to ensure the contract correctly records at the date of sale
the proportions in which they are buying the property (“proportions”).

If the proportion recorded in the transfer differ from those recorded in the contract, it is the purchaser’s responsibility to pay any
additional duty which may be assessed as a result of the variation.

The Purchaser fully indemnify the vendor, the vendor’s agent and the vendor’s legal practitioner against any claims or demands
which may be made against any or all of them in relation to any additional duty payable as a result of the proportions in the transfer
differing from those in the contract.

This special condition will not merge on completion.

23. AMENDMENT TO GENERAL CONDITIONS

General Conditions 24.4 and 20 do not apply to this contract.
 CONTRACT OF SALE OF REAL ESTATE
GENERAL CONDITIONS
PART 2 OF THE STANDARD FORM OF CONTRACT PRESCRIBED
BY THE ESTATE AGENTS (CONTRACTS) REGULATIONS 2008

TITLE

1. ENCUMBRANCES
1.1 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 of sale.
1.2 The purchaser indemnifies the vendor against all obligations under any lease that are to be performed by the landlord after
settlement.
1.3 If the particulars of sale provide that the purchaser is taking over an existing mortgage:
(a) 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 payment made to the vendor under this
contract.

2. VENDOR WARANTIES
2.1 The vendor warrants that these general conditions 1 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 and inquiries.
2.3 The vendor warrants that the vendor:
(a) 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 of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current
over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
2.4 The vendor further 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 aside.
2.5 The warranties in general conditions 2.3 and 2.4 are subject to any contrary provisions in this contract and disclosures in the Vendor's
Statement.
2.6 If sections 137B and 137C 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 the vendor 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 for which they were used and that,
unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the
generality of this warranty, the Building Act 1993 and regulations 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 the same meaning in general
condition 2.6.

3. IDENTITY OF THE LAND

3.1 An omission or mistake in the description, measurements or area of the land does not invalidate the sale.
3.2 The purchaser may not:
(a) make any objection or claim for compensation for any alleged misdescription of the property or any deficiency in its area or
measurements; or
(b) require the vendor to amend title or pay any cost of amending title.

4. SERVICES
4.1 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 the services may change between the day of sale and settlement and the
vendor does not promise that the services 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 the payment of any associated cost.

5. CONSENTS
The vendor must obtain any necessary consent or licence required for the sale. The contract will be at an end and all money paid must
be refunded if any necessary consent or licence is not obtained by settlement.

6. TRANSFER
The transfer of land document must be prepared by the purchaser and delivered to the vendor at least 10 days before settlement. The
delivery of the transfer of land document is not acceptance of title. The vendor must prepare any document required for assessment of
duty on this transaction relating to matters that are or should be within the knowledge of the vendor and, if requested by the purchaser,
must provide a copy of that document at least 3 days before settlement.

7. RELEASE OF SECURITY INTEREST

7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act
2009 (Cth) applies.
7.2 Subject to general conditions 7.3 and 7.4, the vendor must ensure that at or before settlement, the purchaser receives—
(a) a release from the secured party releasing the security interest in respect of the property; or (b) a statement in writing in
accordance with section 275(1)
(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at the due
date for settlement; or
(c) a written approval or correction in accordance with section 275(1) (c) of the Personal Property Securities Act 2009 (Cth)
indicating that, on the due date for settlement, the personal property included in the contract is not or will not be property in
which the security interest is granted— if the security interest is registered in the Personal Property Securities Register.
7.3 The vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any personal
property that is sold in the ordinary course of the vendor's business of selling personal property of that kind unless, in the case of goods
that may or must be described by serial number in the Personal Property Securities Register, the purchaser advises the vendor at least
21 days before the due date for settlement that the goods are to be held as inventory.
7.4 The vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of any personal
property that—
(a) is not described by serial number in the Personal Property Securities Register; and
(b) is predominantly used for personal, domestic or household purposes; and
(c) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of
the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount.
7.5 A release for the purposes of general condition 7.2(a) must be in writing and in a form published by the Law Institute of Victoria, Law
Council of Australia or the Australian Bankers Association.
7.6 If the purchaser receives a release under general condition 7.2(a), the purchaser must provide the vendor with a copy of the release at
or as soon as practicable after settlement.
7.7 In addition to ensuring a release is received under general condition 7.2(a), the vendor must ensure that at or before settlement the
purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the
property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register.
7.8 The purchaser must advise the vendor of any security interest that the purchaser reasonably requires to be released at least 21 days
before the due date for settlement.
7.9 If the purchaser does not provide an advice under general condition 7.8, the vendor may delay settlement until 21 days after the
purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released.
7.10 If settlement is delayed under general 7.9, the purchaser must pay the vendor—
(a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the
advice, whichever is the earlier; and
(b) any reasonable costs incurred by the vendor as a result of the delay— as though the purchaser was in default.
7.11 Words and phrases used in general condition 7 which are defined in the Personal Property Securities Act 2009 (Cth) have the same
meaning in general condition 7.

8. BUILDER WARRANTY INSURANCE

The vendor must provide at settlement details of any current builder warranty insurance relating to the property if requested in writing to
do so at least 21 days before settlement.

9. GENERAL LAW LAND

9.1 This general 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 the documents 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 the vendor nominates.
9.4 The purchaser is taken to have accepted the vendor's title if:
(a) 21 days have elapsed since the day of sale; 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 the purchaser's objection or
requirement and that the contract will end if the objection or requirement 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 10.1 should be read, in respect of that part of the land which is not under the operation of the Transfer of Land Act
1958, as if the reference to 'registered proprietor' is a reference to 'owner'.

MONEY

10. SETTLEMENT
10.1 At settlement:
(a) the purchaser must pay the balance; and
(b) the vendor must:
(i) do all things necessary to enable the purchaser to become the registered proprietor of the land; and
(ii) give either vacant possession or receipt of rents and profits in accordance with the particulars of sale.
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.

11. PAYMENT
11.1 The purchaser must pay the deposit:
(a) to the vendor's licensed estate agent; or
(b) if there is no estate agent, to the vendor's legal practitioner or conveyancer; or
(c) if the vendor directs, into a special purpose account in an authorized deposit-taking institution in Victoria specified by the
vendor in the joint names of the purchaser and the vendor.
11.2 If the land sold is a lot on an unregistered plan of subdivision, the deposit:
(a) must not exceed 10% of the price; and
(b) must be paid:
 (i) to the vendor's licensed estate agent or legal practitioner or conveyancer and held by the estate agent or legal practitioner
or conveyancer on trust for the purchaser until the registration of the plan of subdivision; or
(ii) if the vendor directs, into a special purpose account in an authorized deposit-taking 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 of the
plan of subdivision.
11.3 The purchaser must pay all money other than the deposit:
(a) to the vendor, or the vendor's legal practitioner or conveyancer; or
(b) in accordance with a written direction of the vendor or the vendor's legal practitioner or conveyancer.
11.4 At settlement, payments may be made or tendered:
(a) in cash; or
(b) by draft or cheque drawn on an authorized deposit-taking institution; or
(c) if the parties agree, by electronically transferring the payment in the form of cleared funds.
11.5 For the purpose of this general condition 'authorized deposit-taking institution' means a body corporate in relation to which an authority
under section 9(3) of the Banking Act 1959 (Cth) is in force.
11.6 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.

12. STAKEHOLDING
12.1 The deposit must be released to the vendor if :
(a) the vendor provides proof, to the reasonable satisfaction of the purchaser, that either—
(i) there are no debts secured against the property; or
(ii) if there are any debts, the total amount of those debts does not exceed 80% of the sale price; and
(b) at least 28 days have elapsed since the day of sale; 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.
12.3 The stakeholder may pay the deposit and any interest into court if it is reasonable to do so.

13. GST
13.1 The purchaser does not have to pay the vendor any GST payable by the vendor in respect of a taxable supply 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:
(a) solely as a result of any action taken or intended to be taken by the purchaser after the day of sale, including a change of use; 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 of 5 years preceding the
date of supply; and
(b) the purchaser warrants that the purchaser intends that a farming business will be carried on after settlement on the property.
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 of a 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 of supply.
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.
13.7 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. LOAN
14.1 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 of the property by the approval date or any later date 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 the purchaser:
(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 approval 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. ADJUSTMENTS
15.1 All periodic outgoings payable by the vendor, and any rent and other income received in respect of the property must be apportioned
between the parties on the settlement date and any adjustments paid and received 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. TIME
16.1 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, Sunday or bank holiday.

17. SERVICE
17.1 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 any 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 the legal practitioner or conveyancer:
(a) personally; or
(b) by prepaid post; or
(c) in any manner authorized by law or the Supreme Court for service of documents.

18. NOMINEE
The purchaser may nominate a substitute or additional purchaser, but the named purchaser remains personally liable for the due
performance of all the purchaser's obligations under this contract.

19. LIABILITY OF SIGNATORY

Any signatory for a proprietary limited company purchaser is personally liable for the due performance of the purchaser's obligations as if
the signatory were the purchaser.

20. GUARANTEE
The vendor may require one or more directors of the purchaser to guarantee the purchaser's performance of this contract if the purchaser
is a proprietary limited company.

21. NOTICES
The purchaser is responsible for any notice, order, demand or levy imposing liability on the property that is issued or made on or after the
day of sale that does not relate to periodic outgoings. The purchaser may enter the property to comply with that responsibility where action
is required before settlement.

22. INSPECTION
The purchaser and/or another person authorized by the purchaser may inspect the property at any reasonable time during the 7 days
preceding and including the settlement day.

23. TERMS CONTRACT

23.1 If this is a 'terms contract' as defined in the Sale of Land Act 1962:
(a) any mortgage affecting the land sold must be discharged as to that land before the purchaser becomes entitled to
possession or to the receipt of rents and profits unless the vendor satisfies sections 6(1) and 6(2) of the Sale of Land Act 1
962; and
(b) the deposit and all other money payable under the contract (other than any money payable in excess of the amount
required to so discharge the mortgage) must be paid to a legal practitioner or conveyancer or a licensed estate agent to be
applied in or towards discharging the 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 in writing by the vendor;
(b) the purchaser must deliver copies of the signed insurance application forms, the policies and the insurance receipts to the vendor not
less than 10 days before taking possession of the property 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 receipts on 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 to meet these obligations;
(e) insurance costs paid by the vendor under paragraph (d) must be refunded by the purchaser on demand without affecting the vendor's
other rights under this contract;
(f) the purchaser must maintain and operate the property in good repair (fair wear and tear excepted) and keep the property safe, lawful,
structurally sound, weatherproof and free from contaminations and dangerous substances;
(g) the property must not be altered in any way without the written consent of the vendor which must not be unreasonably refused or
delayed;
(h) the purchaser must observe all obligations that affect owners or occupiers of land;
(i) the vendor and/or other person authorized by the vendor may enter the property 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 SETTLEMENT

24.1 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 of sale, 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 at settlement.
24.5 The nominated amount may be deducted from the amount due to the vendor at settlement and paid to the stakeholder, but only if the
purchaser also pays an amount equal to the nominated amount to the stakeholder.
24.6 The stakeholder must pay the amounts referred to in general condition 24.5 in accordance with the determination of the dispute, including
any order for payment of the costs of the resolution of the dispute.

25. BREACH
A 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 of the breach.

DEFAULT
26. INTEREST
Interest at a rate of 2% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rates Act 1983 is payable on
any money owing under the contract during the period of default, without affecting any other rights of the offended party.

27. DEFAULT NOTICE

27.1 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 sue
for money owing, until the other party is served and fails to comply with a written default notice.
27.2 The default notice must:
(a) specify the particulars of the 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 of the default and any interest payable are paid.

28. DEFAULT NOT REMEDIED

28.1 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 and interest 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 are not paid by the end of the period of the default notice.
28.3 If the 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 otherwise recoverable.
28.4 If the contract ends by a default notice given by the vendor:
(a) the deposit up to 10% of the 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 of the 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 of contract; or
(ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of
liquidated damages; 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 forfeited 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.
The following guarantee shall be executed by each person who executes this Contract for and on behalf of the Purchaser (if not the same person)
and by each Director of the Purchaser (if the Purchaser is a Corporation):

DIRECTORS GUARANTEE

I / We, names

of address

(hereinafter called the “Guarantors”) IN CONSIDERATION of the within-named Vendor selling to the within-named Purchaser(s) at our request the
land described in the within Contract for the price and upon terms and conditions contained therein DO HEREBY for ourselves and our respective
executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be
made in payment of the deposit or residue of purchase money or interest or any other moneys payable by the Purchaser(s) to the Vendor under
the within Contract or in the performance or observance of any term or condition of the within Contract to be performed or observed by the
Purchaser(s) I/We will forthwith on demand by the Vendor pay to the Vendor the whole of the deposit money, residue of purchase money, interest
or other moneys which shall then be due and payable to the Vendor and hereby indemnify and agree to keep the Vendor indemnified against all
loss of deposit money, residue of purchase money, interest and other moneys payable under the within Contract and all losses, costs, charges
and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser(s). This Guarantee shall be a
continuing Guarantee and Indemnity and shall not be released by:

1 any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract;

2 the performance or observance of any of the agreements, obligations or conditions under the within Contract;

3 by time being given to the Purchaser(s) for any such payment performance or observance;

4 by reason of the Vendor assigning his, her or their rights under the said Contract; and

5 by any other thing which under the law relating to sureties would but for this provision have the effect of releasing us, our executors or
administrators.

IN WITNESS WHEREOF, the parties hereto EXECUTE AS A DEED on the / / 20

SIGNED AND DELIVERED by the said )

Purchaser )
)
)
)
in the presence of ______________________________witness ) ___________________________________________________
print name:

SIGNED AND DELIVERED by the said )

Purchaser )
)
)
)
in the presence of ______________________________witness ) ___________________________________________________
print name:

SIGNED AND DELIVERED by the said )

Purchaser )
)
)
)
in the presence of ______________________________witness ) ___________________________________________________
print name:

SIGNED AND DELIVERED by the said )

Purchaser )
)
)
)
in the presence of ______________________________witness ) ___________________________________________________
print name:
Due Diligence Checklist
What you need to know before buying a residential property

Before you buy a home, you should be aware of a range of issues that may affect that property and
impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify
whether any of these issues will affect you. The questions are a starting point only and you may
need to seek professional advice to answer some of them. You can find links to organisations and
web pages that can help you learn more, by visiting consumer.vic.gov.au/duediligencechecklist.

Urban living Rural properties

Moving to the inner city?
High density areas are attractive for their
entertainment and service areas, but these
activities create increased traffic as well as noise
and odours from businesses and people.
Familiarising yourself with the character of the area
will give you a balanced understanding of what to
expect.
Is the property subject to an owners
corporation?
If the property is part of a subdivision with common
property such as driveways or grounds, it may be
subject to an owners corporation. You may be
required to pay fees and follow rules that restrict
what you can do on your property, such as a ban on
pet ownership.
Growth areas
Are you moving to a growth area?
You should investigate whether you will be required
to pay a growth areas infrastructure contribution.
Flood and fire risk
Does this property experience flooding or
bushfire?
Properties are sometimes subject to the risk of fire
and flooding due to their location. You should
properly investigate these risks and consider their
implications for land management, buildings and
insurance premiums.
Moving to the country?
If you are looking at property in a rural zone,
consider:
• Is the surrounding land use compatible with your
lifestyle expectations? Farming can create noise
or odour that may be at odds with your
expectations of a rural lifestyle.
• Are you considering removing native vegetation?
There are regulations which affect your ability to
remove native vegetation on private property.
• Do you understand your obligations to manage
weeds and pest animals?
• Can you build new dwellings?
• Does the property adjoin crown land, have a
water frontage, contain a disused government
road, or are there any crown licences associated
with the land?
Is there any earth resource activity such as
mining in the area?
You may wish to find out more about exploration,
mining and quarrying activity on or near the property
and consider the issue of petroleum, geothermal and
greenhouse gas sequestration permits, leases and
licences, extractive industry authorisations and
mineral licences.
Soil and groundwater contamination
Has previous land use affected the soil or
groundwater?
You should consider whether past activities, including
the use of adjacent land, may have caused
contamination at the site and whether this may
prevent you from doing certain things to or on the
land in the future.
Land boundaries
Do you know the exact boundary of the
property?
You should compare the measurements shown
on the title document with actual fences and
buildings on the property, to make sure the
boundaries match. If you have concerns about this,
you can speak to your lawyer or conveyancer, or
commission a site survey to establish property
boundaries.
Planning controls
Can you change how the property is used, or
the buildings on it?
All land is subject to a planning scheme, run by the
local council. How the property is zoned and any
overlays that may apply, will determine how the
land can be used. This may restrict such things as
whether you can build on vacant land or how you
can alter or develop the land and its buildings over
time.
The local council can give you advice about the
planning scheme, as well as details of any other
restrictions that may apply, such as design
guidelines or bushfire safety design. There may
also be restrictions – known as encumbrances –
on the property’s title, which prevent you from
developing the property. You can find out about
encumbrances by looking at the section 32
statement.
Are there any proposed or granted planning
permits?
The local council can advise you if there are any
proposed or issued planning permits for any
properties close by. Significant developments in
your area may change the local ‘character’
(predominant style of the area) and may increase
noise or traffic near the property.
Safety
Is the building safe to live in?
Building laws are in place to ensure building safety.
Professional building inspections can help you
assess the property for electrical safety, possible
illegal building work, adequate pool or spa fencing
and the presence of asbestos, termites, or other
potential hazards.
Building permits
Have any buildings or retaining walls on the
property been altered, or do you plan to alter
them?
There are laws and regulations about how buildings
and retaining walls are constructed, which you may
wish to investigate to ensure any completed or
proposed building work is approved. The local
council may be able to give you information about
any building permits issued for recent building works
done to the property, and what you must do to plan
new work. You can also commission a private
building surveyor’s assessment.
Are any recent building or renovation works
covered by insurance?
Ask the vendor if there is any owner-builder
insurance or builder’s warranty to cover defects in the
work done to the property.
Utilities and essential services
Does the property have working connections for
water, sewerage, electricity, gas, telephone and
internet?
Unconnected services may not be available, or may
incur a fee to connect. You may also need to choose
from a range of suppliers for these services. This
may be particularly important in rural areas where
some services are not available.
Buyers’ rights
Do you know your rights when buying a
property?
The contract of sale and section 32 statement
contain important information about the property,
so you should request to see these and read them
thoroughly. Many people engage a lawyer or
conveyancer to help them understand the contracts
and ensure the sale goes through correctly. If you
intend to hire a professional, you should consider
speaking to them before you commit to the sale.
There are also important rules about the way private
sales and auctions are conducted. These may
include a cooling-off period and specific rights
associated with ‘off the plan’ sales. The important
thing to remember is that, as the buyer, you have
rights
 SECTION 27 STATEMENT
VENDORS DEPOSIT STATEMENT TO THE PURCHASER PURSUANT
TO SECTION 27 OF THE SALE OF LAND ACT, 1962

VENDOR: RUI WU
PROPERTY: UNIT 16/1245 BURKE ROAD, KEW VIC 3101

1 The property is subject to Mortgage(s), particulars of which are as follows:

a Mortgagee(s)

Amount secured $ ______________________

Instalments $ _______________________ per ________________________________________

b Amount required to discharge the Mortgage $ __________________ (as defined in the Act)
This amount Includes outstanding rates, taxes or charges due to any statutory body or any
other charge for money or monies worth.

c. Rate of interest payable _______________ % p.a. Default rate _____________% p.a.

d. Due date of repayment of Mortgage(s): / /20

Unless the mortgage demands early repayment upon breach of its conditions

e. The Mortgage does/does not provide for further advances as follows:_______________________

f. The Vendor is not in default under the Mortgage.

g. The Mortgagee has not consented to the Purchaser assuming the Vendor’s obligations
under the Mortgage.

2 There is no Caveat lodged against the title to the Property under the Transfer of Land Act, 1958.

3 The vendor(s) wish to advise that the property will not be used to secure any other loans and that no
creditor or other party will be entitled to register a Mortgage or Caveat prior to settlement

Signature ________________________
of Vendor(s): _______________________________________________________ Date of Vendor(s) Statement
Print name of Vendor(s): RUI WU

ACKNOWLEDGEMENT OF RECEIPT OF VENDOR’S SECTION 27 STATEMENT

The Purchaser HEREBY ACKNOWLEDGES receipt of a copy of this Statement.

Signature ________________________
of Purchaser(s): _______________________________________________________ Date of Receipt
Print name of Purchaser(s):

RELEASE OF THE DEPOSIT BY THE PURCHASER(S)

1 The Purchaser is satisfied that:
(a) The particulars provided by the Vendor(s) is accurate.
(b) The particulars indicate that the purchase price is sufficient to discharge all mortgages over the
Property.
(c) The Contract is not subject to any condition enduring for the benefit of the Purchaser.
2 The Purchaser FURTHER ACKNOWLEDGES that he/she has received satisfactory answer to Requisitions on
Title or is otherwise deemed to have accepted title.

________________________
Signature of Purchaser(s): ________________________________________________ Date of Receipt
Print name of Purchaser(s):
 VENDORS STATEMENT
TO THE PURCHASER OF REAL ESTATE PURSUANT
TO SECTION 32 OF THE SALE OF LAND ACT 1962(“THE Act”)

VENDOR(S): RUI WU
PROPERTY: UNIT 16/1245 BURKE ROAD, KEW VIC 3101

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
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 with the appropriate authorities.

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.

You may be liable to pay a growth areas infrastructure contribution when you purchase this property. The instrument of transfer cannot be lodged
for registration with the Registrar of Titles until the contribution is paid in full or an exemption from, or reduction of, the whole or part of the liability
to pay the contribution is granted and any remainder of the contribution is paid or there has been a deferral of the whole or part of the
liability to pay the contribution. The transfer may also be exempted from a growth areas infrastructure contribution in certain situations. It is in your
interest to obtain advice as to any potential liability before you commit yourself to buy.

1. RESTRICTIONS
Information concerning any easement, covenant or other similar restriction affecting the Property (registered or unregistered).
Description – As set out in the attached copies of document/s.
And the purchaser is to note that there may be sewers, drains, water pipes, underground and/or over electricity cables, underground and/or
overhead telephone cables and underground gas pipes (if applicable) laid outside registered easements.
Particulars of any existing failure to comply with their terms are as follows
None to the Vendor’s knowledge.
However underground electricity cables, sewers/drains may be laid outside registered easements.

2. PLANNING & ROAD ACCESS

Information concerning any planning instrument is as follows:
Name: Boroondara Planning Scheme
The Responsible Authority is : The Department of Infrastructure
Zoning and/or Reservation: General Residential Zone – Schedule 5 (GRZ5)

There is access to the property by road.

3. OUTGOINGS & STATUTORY CHARGES

Information concerning any rates, taxes, charges, or other similar outgoings (including any Body Corporate charges) and any interest payable on
any part of them as follows: their amounts are as follows:

AUTHORITY AMOUNT INTEREST

Boroondara City Council $1100.00 p.a. NIL
Yarra Valley Water $800.00 p.a. NIL
Owners Corporation $5500.00 p.a. NIL
Land Tax $NIL p.a. NIL

Any amounts (including any proposed Body Corporate levy) for which the Purchaser may become liable in consequence of the property, are as
follows: pursuant to normal adjustments of outgoings as at date of final settlement.

Their total does not exceed $7400 p.a.

The amount owing under any other registered or unregistered statutory charge that secures an amount due under any other legislation is: NIL

4. SERVICES
Information concerning the supply of the following services –

SERVICE AVAILABLE CONNECTED PROVIDER

Electricity Yes Yes Local Provider
Gas Yes Yes Local Provider
Water Yes Yes Yarra Valley Water
Sewerage Yes Yes Yarra Valley Water
Telephone Yes No Local Provider

The purchaser should check with the appropriate authorities as to the availability, transfer of connection and costs of providing any essential
services not connected to the property.

5. BUILDING
(a) BUILDING APPROVALS:
Particulars of any Building approval granted during the past seven years under the Building Control Act 1981 (required only where the property
includes a residence) are as follows: As attached if any otherwise nil.
(b) GUARANTEE:
Particulars of any Guarantee issued in the past seven years under the House Contracts Act 1987 (required where the property includes a
residence constructed by an owner – Builder): As attached if any otherwise nil.

(c) INSURANCE:
Particulars of any required Insurance Effected In The Past Six Years and Six Months Under The Building Act 1993 (required where the property
includes a residence to which s. 137B Building Act 1993 applies): A attached if any otherwise nil.

6. NOTICES
Particulars of any notice, order, declaration, report or recommendation of a public authority or government department or approved proposal
affecting the Property of which the Vendor might reasonably be expected to have knowledge, including any. affecting the Body Corporate and any
liabilities (whether contingent, proposed or otherwise) where the Property is in a subdivision containing a Body Corporate, including any relating to
the undertaking of any repairs to the Property: quarantine or stock order imposed under the Stock Diseases Act 1968 (whether or not the
quarantine or order is still in force);
Notice pursuant to section 6 of the Land Acquisition and Compensation Act 1986 are as follows: None to the Vendors knowledge save those
relating to apportion able outgoings. The Vendor has no means of knowing of all decisions of public authorities and government departments
affecting the property unless communicated to the Vendors.

7. TITLE
Attached are copies of the following document/s relating to the title to the property are annexed hereto:
The Certificate of Title Volume 11159 Folio 899 and Lot 16 on Plan of Subdivision 537794N

8. SWIMMING POOL
If the property should include a swimming pool, all existing swimming pools and spas installed prior to April 8 1991 are required to comply with the
minimum standards of the Building Regulations 1994, Regulation 5.13 by July 1, 1997. More information may be obtained from your Council. If
apply then it shall become the Purchaser’s responsibility.

9. SELF CONTAINED SMOKE ALARMS

Since February 1997 all dwellings (as described under the regulations) will be required to have smoke detectors installed by January 31 1999 or if
the property is sold any time prior to January 31 1999 then compliance must occur within thirty days after settlement of the sale. The mandatory
requirements for smoke alarms (devices that combine both smoke detection and alarm facilities in a single unit) are specified in the Building Code
of Australia (BCA) clause E1.7 and regulation 5.14 of the Building (Amendment) Regulations 1996. These provisions require self contained smoke
alarms that comply with AS3786.
If apply then it shall become the Purchaser’s responsibility.

10. BODY CORPORATION

If the land is affected by an owners corporation within the meaning of the Owners Corporations Act 2006,
(a) A copy of the current owners corporations owners corporations certificate issued in respect of the land under the Owners Corporation Act 2006;
and
(b) A copy of the documents required to accompany the owners corporations certificate under section 151(4)(b) of the Owners Corporation Act 2006.
(c) As Attached

11. GROWTH AREAS INFRASTRUCTURE CONTRIBUTION ATTACHED IF APPLICABLE

12. GAIC Recording

This section 12 only applies if there is a GAIC recording. Any of the certificates or notices ATTACHED IF APPLICABLE

13. DISCLOSURE OF ENERGY EFFICIENCY INFORMATION ATTACHED IF APPLICABLE

14. BUSHFIRE PRONE AREA

This land is not within a bushfire-prone area within the meaning of the regulations made under the Building Act 1993.

NOTE: The Vendor has no means of knowing of all decisions of public authorities and Government Departments affecting the property unless
communicated to the Vendor. the Purchaser agrees to comply at its own expense with the Building Code of Australia and Building Regulations
insofar as they may require the installation of additional smoke alarms and pool/spa safety fences, if applicable.

Signature of the Vendor(s) ______________________________________________________________ Date of Statement:

Print name of the Vendor(s): RUI WU

The purchaser acknowledges being given a duplicate of this statement signed by the Vendor before the Purchaser signed any Contract.

Signature of the Purchaser(s) ___________________________________________________________ Date of Acknowledgement:

Print name of the Purchaser(s):

PLEASE NOTE
THAT WHERE THE PROPERTY IS TO BE SOLD ON TERMS PURSUANT TO SECTION 32(2)(F) OF THE ACT AND/OR SOLD SUBJECT TO A
MORTGAGE THAT IS NOT TO BE DISCHARGED BY THE DATE OF POSSESSION (OR RECEIPT OF THE RENTS AND PROFITS OF THE
PROPERTY PURSUANT TO SECTION 32(2)(A) OF THE ACT – then the Vendor must provide an additional statement containing the particulars
specified in Schedules 1 and 2 of the Act.
Copyright State of Victoria. No part of this publication may be reproduced except as permitted by the Copyright Act 1968 (Cth), to comply with a statutory requirement 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. None of the State of Victoria, its agents or contractors, accepts responsibility for any subsequent publication or reproduction of the information.

The Victorian Government acknowledges the Traditional Owners of Victoria and pays respects to their ongoing connection to their Country, History and Culture. The Victorian Government extends this respect to their Elders,
past, present and emerging.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1

Land Act 1958
VOLUME 11159 FOLIO 899 Security no : 124105168883A
Produced 04/04/2023 04:48 PM

LAND DESCRIPTION
Lot 16 on Plan of Subdivision 537794N.
PARENT TITLE Volume 10570 Folio 008
Created by instrument PS537794N 25/09/2009

REGISTERED PROPRIETOR
Estate Fee Simple
Sole Proprietor
RUI WU of 16/1245 BURKE ROAD KEW VIC 3101
AQ758995H 22/02/2018

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE AT642673C 28/09/2020
AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section

24 Subdivision Act 1988 and any other encumbrances shown or entered on the
plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION
SEE PS537794N FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------------------------END OF REGISTER SEARCH STATEMENT------------------------

Additional information: (not part of the Register Search Statement)

Street Address: UNIT 16 1245 BURKE ROAD KEW VIC 3101

ADMINISTRATIVE NOTICES
NIL

eCT Control 16165A AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Effective from 28/09/2020

OWNERS CORPORATIONS
The land in this folio is affected by
OWNERS CORPORATION 1 PLAN NO. PS537794N

DOCUMENT END
Title 11159/899 Page 1 of 1
 Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®,
Secure Electronic Registries Victoria.

Document Type Plan

Document Identification PS537794N
Number of Pages 9
(excluding this cover sheet)

Document Assembled 04/04/2023 16:49

Copyright and disclaimer notice:

© 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 1968 (Cth) and for the purposes of Section 32
of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the
time and in the form obtained from the LANDATA® System. None of the State of Victoria,
LANDATA®, Secure Electronic Registries Victoria Pty Ltd (ABN 86 627 986 396) as trustee for the
Secure Electronic Registries Victoria Trust (ABN 83 206 746 897) accept responsibility for any
subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

 Department of Environment, Land, Water &
Planning
Owners Corporation Search Report
Copyright State of Victoria. No part of this publication may be reproduced except as permitted by the
Copyright Act 1968 (Cth), to comply with a statutory requirement 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. None of
the State of Victoria, its agents or contractors, accepts responsibility for any subsequent publication or
reproduction of the information. The Victorian Government acknowledges the Traditional Owners of Victoria
and pays respects to their ongoing connection to their Country, History and Culture. The Victorian
Government extends this respect to their Elders, past, present and emerging.

Produced: 04/04/2023 04:49:03 PM OWNERS CORPORATION 1

PLAN NO. PS537794N

The land in PS537794N is affected by 1 Owners Corporation(s)

Land Affected by Owners Corporation:

Common Property 1, Lots 1 - 46.

Limitations on Owners Corporation:

Unlimited

Postal Address for Services of Notices:

737 BURWOOD ROAD HAWTHORN VIC 3122

AK174876X 07/02/2013

Owners Corporation Manager:

NIL

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:

1. AG881061N 20/11/2009

Additional Owners Corporation Information:

OC005495R 25/09/2009

Notations:
NIL

Entitlement and Liability:

NOTE – Folio References are only provided in a Premium Report.
Land Parcel Entitlement Liability

Common Property 1 0 0

Lot 1 154 154

Lot 2 222 222

Lot 3 236 236

Lot 4 248 248

Lot 5 243 243

Lot 6 248 248

Secure Electronic Registries Victoria (SERV), Level 13, 697 Collins Street Docklands 3008 Page 1 of 3
Locked bag 20005, Melbourne 3001, DX 210189
ABN 86 627 986 396
 Department of Environment, Land, Water &
Planning
Owners Corporation Search Report
Produced: 04/04/2023 04:49:03 PM OWNERS CORPORATION 1
PLAN NO. PS537794N

Entitlement and Liability:

NOTE – Folio References are only provided in a Premium Report.
Land Parcel Entitlement Liability

Lot 7 205 205

Lot 8 161 161

Lot 9 250 250

Lot 10 245 245

Lot 11 208 208

Lot 12 161 161

Lot 13 250 250

Lot 14 140 140

Lot 15 140 140

Lot 16 219 219

Lot 17 220 220

Lot 18 187 187

Lot 19 213 213

Lot 20 213 213

Lot 21 210 210

Lot 22 185 185

Lot 23 210 210

Lot 24 219 219

Lot 25 248 248

Lot 26 205 205

Lot 27 205 205

Lot 28 248 248

Lot 29 248 248

Lot 30 205 205

Lot 31 205 205

Lot 32 248 248

Lot 33 177 177

Lot 34 133 133

Lot 35 227 227

Secure Electronic Registries Victoria (SERV), Level 13, 697 Collins Street Docklands 3008 Page 2 of 3
Locked bag 20005, Melbourne 3001, DX 210189
ABN 86 627 986 396
 Department of Environment, Land, Water &
Planning
Owners Corporation Search Report
Produced: 04/04/2023 04:49:03 PM OWNERS CORPORATION 1
PLAN NO. PS537794N

Entitlement and Liability:

NOTE – Folio References are only provided in a Premium Report.
Land Parcel Entitlement Liability

Lot 36 217 217

Lot 37 217 217

Lot 38 210 210

Lot 39 210 210

Lot 40 217 217

Lot 41 276 276

Lot 42 227 227

Lot 43 262 262

Lot 44 276 276

Lot 45 276 276

Lot 46 276 276

Total 10000.00 10000.00

From 31 December 2007 every Body Corporate is deemed to be an Owners Corporation. Any reference to a Body Corporate in any Plan,
Instrument or Folio is to be read as a reference to an Owners Corporation.

Statement End.

Secure Electronic Registries Victoria (SERV), Level 13, 697 Collins Street Docklands 3008 Page 3 of 3
Locked bag 20005, Melbourne 3001, DX 210189
ABN 86 627 986 396
PROPERTY REPORT

From www.planning.vic.gov.au at 04 April 2023 04:50 PM

PROPERTY DETAILS
Address: 16/1245 BURKE ROAD KEW 3101
Lot and Plan Number: Lot 16 PS537794
Standard Parcel Identifier (SPI): 16\PS537794
Local Government Area (Council): BOROONDARA www.boroondara.vic.gov.au

Council Property Number: 583870

Directory Reference: Melway 45 K7

Note: There are 47 properties identified for this site.

These can include units (or car spaces), shops, or part or whole floors of a building.
Dimensions for these individual properties are generally not available.

SITE DIMENSIONS
All dimensions and areas are approximate. They may not agree with those shown on a title or plan.
Area: 4051 sq. m
Perimeter: 254 m
For this property:
Site boundaries
Road frontages

Dimensions for individual parcels require a separate search, but dimensions

for individual units are generally not available.

5 overlapping dimension labels are not being displayed

Calculating the area from the dimensions shown may give a different value to
the area shown above

For more accurate dimensions get copy of plan atTitle and Property
Certificates

UTILITIES STATE ELECTORATES

Rural Water Corporation: Southern Rural Water Legislative Council: SOUTHERN METROPOLITAN
Melbourne Water Retailer: Yarra Valley Water Legislative Assembly: KEW
Melbourne Water: Inside drainage boundary
Power Distributor: CITIPOWER

PLANNING INFORMATION

Property Planning details have been removed from the Property Reports to address duplication with the Planning Property
Reports which are DELWP's authoritative source for all Property Planning information.

The Planning Property Report for this property can found here - Planning Property Report

Planning Property Reports can be found via these two links

Vicplan https://mapshare.vic.gov.au/vicplan/
Property and parcel search https://www.land.vic.gov.au/property-and-parcel-search

Copyright © - State Government of Victoria

Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any
person for the information provided.
Read the full disclaimer at https://www.delwp.vic.gov.au/disclaimer

PROPERTY REPORT: 16/1245 BURKE ROAD KEW 3101 Page 1 of 2

PROPERTY REPORT

Area Map

0 80 m
Selected Property Tram line

Copyright © - State Government of Victoria

Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any
person for the information provided.
Read the full disclaimer at https://www.delwp.vic.gov.au/disclaimer

PROPERTY REPORT: 16/1245 BURKE ROAD KEW 3101 Page 2 of 2

PLANNING PROPERTY REPORT

From www.planning.vic.gov.au at 04 April 2023 04:50 PM

PROPERTY DETAILS
Address: 16/1245 BURKE ROAD KEW 3101
Lot and Plan Number: Lot 16 PS537794
Standard Parcel Identifier (SPI): 16\PS537794
Local Government Area (Council): BOROONDARA www.boroondara.vic.gov.au

Council Property Number: 583870

Planning Scheme: Boroondara Planning Scheme - Boroondara

Directory Reference: Melway 45 K7

UTILITIES STATE ELECTORATES

Rural Water Corporation: Southern Rural Water Legislative Council: SOUTHERN METROPOLITAN
Melbourne Water Retailer: Yarra Valley Water Legislative Assembly: KEW
Melbourne Water: Inside drainage boundary
Power Distributor: CITIPOWER OTHER
Registered Aboriginal Party: Wurundjeri Woi Wurrung Cultural

View location in VicPlan

Heritage Aboriginal Corporation

Planning Zones

GENERAL RESIDENTIAL ZONE (GRZ)

GENERAL RESIDENTIAL ZONE - SCHEDULE 5 (GRZ5)
TRANSPORT ZONE 2 - PRINCIPAL ROAD NETWORK (TRZ2)

0 80 m
GRZ - General Residential NRZ - Neighbourhood Residential PPRZ - Public Park and Recreation

PUZ1 - Public Use-Service and Utility PUZ2 - Public Use-Education TRZ2 - Principal Road Network

Tram line
Note: labels for zones may appear outside the actual zone - please compare the labels with the legend.

Copyright © - State Government of Victoria

Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any
person for the information provided.
Read the full disclaimer at https://www.delwp.vic.gov.au/disclaimer

Notwithstanding this disclaimer, a vendor may rely on the information in this report for the purpose of a statement that land is in a bushfire prone area as required by section 32C (b) of the Sale of
Land 1962 (Vic).

PLANNING PROPERTY REPORT: 16/1245 BURKE ROAD KEW 3101 Page 1 of 4

PLANNING PROPERTY REPORT

Planning Overlays

HERITAGE OVERLAY (HO)

HERITAGE OVERLAY - SCHEDULE (HO484)

0 80 m
HO - Heritage Overlay Tram line
Note: due to overlaps, some overlays may not be visible, and some colours may not match those in the legend

OTHER OVERLAYS

Other overlays in the vicinity not directly affecting this land

DEVELOPMENT PLAN OVERLAY (DPO)
ENVIRONMENTAL AUDIT OVERLAY (EAO)
SPECIFIC CONTROLS OVERLAY (SCO)

0 80 m
DPO - Development Plan Overlay EAO - Environmental Audit Overlay SCO - Specific Controls Overlay

Tram line
Note: due to overlaps, some overlays may not be visible, and some colours may not match those in the legend

Copyright © - State Government of Victoria

Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any
person for the information provided.
Read the full disclaimer at https://www.delwp.vic.gov.au/disclaimer

Notwithstanding this disclaimer, a vendor may rely on the information in this report for the purpose of a statement that land is in a bushfire prone area as required by section 32C (b) of the Sale of
Land 1962 (Vic).

PLANNING PROPERTY REPORT: 16/1245 BURKE ROAD KEW 3101 Page 2 of 4

PLANNING PROPERTY REPORT

Heritage Register

This property is affected by an entry on the Victorian Heritage Register.

View information about VHR Number H0173 - TRAM SHELTER COTHAM ROAD

Heritage Register data last updated on 20 March 2023.

This report is NOT a Heritage Certificate issued pursuant to Section 50 of the Heritage Act 1995.
It does not show places which may be under consideration for inclusion in the Victorian Heritage Register.

For more information on the Victorian Heritage Register go to Victorian Heritage Database

Other information about the heritage status of this property, how to obtain a Heritage Certificate,
and any heritage approvals that may be required, may be obtained from Heritage Victoria

0 80 m
Heritage Register Tram line

Further Planning Information

Planning scheme data last updated on 29 March 2023.

A planning scheme sets out policies and requirements for the use, development and protection of land.
This report provides information about the zone and overlay provisions that apply to the selected land.
Information about the State and local policy, particular, general and operational provisions of the local planning scheme
that may affect the use of this land can be obtained by contacting the local council
or by visiting https://www.planning.vic.gov.au

This report is NOT a Planning Certificate issued pursuant to Section 199 of the Planning and Environment Act 1987.
It does not include information about exhibited planning scheme amendments, or zonings that may abut the land.
To obtain a Planning Certificate go to Titles and Property Certificates at Landata - https://www.landata.vic.gov.au

For details of surrounding properties, use this service to get the Reports for properties of interest.

To view planning zones, overlay and heritage information in an interactive format visit
https://mapshare.maps.vic.gov.au/vicplan

For other information about planning in Victoria visit https://www.planning.vic.gov.au

Copyright © - State Government of Victoria

Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any
person for the information provided.
Read the full disclaimer at https://www.delwp.vic.gov.au/disclaimer

Notwithstanding this disclaimer, a vendor may rely on the information in this report for the purpose of a statement that land is in a bushfire prone area as required by section 32C (b) of the Sale of
Land 1962 (Vic).

PLANNING PROPERTY REPORT: 16/1245 BURKE ROAD KEW 3101 Page 3 of 4

PLANNING PROPERTY REPORT

Designated Bushfire Prone Areas

This property is not in a designated bushfire prone area.

No special bushfire construction requirements apply. Planning provisions may apply.

Where part of the property is mapped as BPA, if no part of the building envelope or footprint falls within the BPA area, the BPA construction requirements
do not apply.

Note: the relevant building surveyor determines the need for compliance with the bushfire construction requirements.

0 80 m
Designated Bushfire Prone Areas Tram line

Designated BPA are determined by the Minister for Planning following a detailed review process. The Building Regulations 2018, through adoption of the
Building Code of Australia, apply bushfire protection standards for building works in designated BPA.

Designated BPA maps can be viewed on VicPlan at https://mapshare.vic.gov.au/vicplan/ or at the relevant local council.

Create a BPA definition plan in VicPlan to measure the BPA.

Information for lot owners building in the BPA is available at https://www.planning.vic.gov.au.

Further information about the building control system and building in bushfire prone areas can be found on the Victorian Building Authority website
https://www.vba.vic.gov.au. Copies of the Building Act and Building Regulations are available from http://www.legislation.vic.gov.au. For Planning Scheme
Provisions in bushfire areas visit https://www.planning.vic.gov.au.

Native Vegetation

Native plants that are indigenous to the region and important for biodiversity might be present on this property. This could
include trees, shrubs, herbs, grasses or aquatic plants. There are a range of regulations that may apply including need to
obtain a planning permit under Clause 52.17 of the local planning scheme. For more information see Native Vegetation (Clause
52.17) with local variations in Native Vegetation (Clause 52.17) Schedule

To help identify native vegetation on this property and the application of Clause 52.17 please visit the Native Vegetation
Information Management system https://nvim.delwp.vic.gov.au/ and Native vegetation (environment.vic.gov.au) or please
contact your relevant council.

You can find out more about the natural values on your property through NatureKit NatureKit (environment.vic.gov.au)

Copyright © - State Government of Victoria

Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any
person for the information provided.
Read the full disclaimer at https://www.delwp.vic.gov.au/disclaimer

Notwithstanding this disclaimer, a vendor may rely on the information in this report for the purpose of a statement that land is in a bushfire prone area as required by section 32C (b) of the Sale of
Land 1962 (Vic).

PLANNING PROPERTY REPORT: 16/1245 BURKE ROAD KEW 3101 Page 4 of 4

Your
quarterly bill

Enquiries 1300 304 688

Faults (24/7) 13 27 62

Account number 57 3636 2103

Emailed to: emailtoreese@gmail.com
MS R WU Invoice number 5730 2242 22752
UNIT 16/1245 BURKE RD Issue date 12 Jan 2023
KEW VIC 3101 UNIT 16, 1245 BURKE RD
Property address KEW
Property reference 1760274, LOT 16
Tax Invoice Yarra Valley Water ABN 93 066 902 501

Summary
Previous bill $171.76

Payment received thank you -$171.76

Balance carried forward $0.00

This bill
Service charges
Water supply system $19.47
Amount due
Sewerage system $111.22 $157.73
Other authority charges
Waterways and drainage $27.04
Due date
2 FEB 2023
Total this bill (GST does not apply) $157.73
Total balance $157.73

l Service charges
l Other authority charges

Your household's
daily water use
Target 155L of water use per person, per day.

200

158L
160
143L
136L

120

Your daily spend

80

40 32L
The same
This time last
bill year 0
$1.44 $1.90 Jan 22 Apr 22 Jul 22 Oct 22 Jan 23

Excludes other authority charges.

Average use in litres per day.

How to pay Ë*30425730224222752000015773ZÎ

*3042 573022422275 2

Direct Debit Centrepay

Sign up for Direct Debit Arrange regular deductions
at yvw.com.au/directdebit or from your Centrelink payments.
call 1300 304 688. Visit yvw.com.au/paying
CRN reference: 555 054 118T
EFT MS R WU
Transfer direct from your bank Credit card
Account number 57 3636 2103
account to ours by Electronic Online: yvw.com.au/paying
Funds Transfer (EFT). Phone: 1300 362 332 Invoice number 5730 2242 22752
Account name:
Yarra Valley Water Post Billpay® Total due $157.73
BSB: 033-885 Pay in person at any post Due date 2 Feb 2023
Account number: 573600146 office, by phone on 13 18 16 or
at postbillpay.com.au Amount paid $
Biller code: 3042
BPAY® Ref: 5730 2242 22752
Biller code: 344366
Ref: 573 6362 1030
 Your usage Your charges
details From 11 Oct 2022 - 10 Jan 2023 (91 days) explained
Water supply system charge
Water usage 1kL = 1,000 litres
1 January 2023 - 31 March 2023
Current Previous A fixed cost for maintaining and repairing
Meter number reading reading Usage pipes and other infrastructure that store,
YAAD005377 932kL - 932kL = 0kL treat and deliver water to your property.
Sewerage system charge
1 January 2023 - 31 March 2023
A fixed cost for running, maintaining, and
repairing the sewerage system.
Other authority charges
Waterways and drainage charge
1 January 2023 - 31 March 2023
Collected on behalf of Melbourne Water
and used to manage and improve
waterways, drainage, and flood protection.
For more information visit
melbournewater.com.au/wwdc

J103753

Financial assistance
Next meter reading:
Are you facing financial difficulty? For more time to pay, payment plans and
government assistance, we can find a solution that works for you. Between 6-13 Apr
Please call us on 1800 994 789 or visit yvw.com.au/financialhelp. 2023
Registering your concession can also reduce the amount you need to pay.
Please call us on 1800 680 824 or visit yvw.com.au/concession.

Contact us
Save up to 50%*
For language assistance
Enquiries
Faults and
1300 304 688

13 27 62 (24hr)
1300 914 361 on your water use
Emergencies
enquiry@yvw.com.au
1300 921 362
charges
1300 931 364
yvw.com.au Register your pension or concession card
1300 927 363 and reduce your bill.
TTY TTY Voice Calls 133 677
For all other languages call our yvw.com.au/concession
Speak and Listen1300 555 727 translation service on 03 9046 4173
*Conditions apply

WaterCare.
Because we care.
If you’re having trouble keeping on top
of your water bills, we’re here to help.
Find out how we can support you.

Visit yvw.com.au/watercare

Speak to a team member 1300 441 248

 OWNERS CORPORATION CERTIFICATE
s.151 Owners Corporation Act 2006 and r.11 Owners Corporations Regulations 2007

Owners Corporation No 1: 537794NNo537te: h

2 Owners Corporations
Address: 1245 Burke Road, Kew 3101
This certificate is issued for Lot/s: 16 on Plan of Subdivision No 537794N
Postal address is: c/- Ace Body Corporate Management (Camberwell), 737 Burwood Road, Hawthorn 3122
Applicant for the certificate is: Gordon Conveyancing Manningham
Address for delivery of certificate; By Email – info@gordonconveyancing.com.au
Date that the application was received: 04.04.23.
IMPORTANT: The information in this certificate is issued on: 27.04.23.
You can inspect the Owners Corporations register for additional information and you should obtain a new certificate
for current information prior to settlement.

1. The current fees for the lot for are:

$5431.00 per annum, paid: half-yearly:
$2715.50 is due on 1st of November & 1st of May of each year.
Please note the fees will change as per the approved budget each year.
2. The date to which the fees for the lot have been paid up to is:
The following fees are paid.
The fees are paid for the period 01.11.22 – 30.04.23
3. The total of any unpaid fees or charges for the lot are:
The unpaid fee totals Nil

4. The special fees or levies which have been struck, & the dates on which they were struck & are payable are:
The following special levies have been struck:
$308.35 for the budget deficit (01.11.21 – 31.10.22). Due 01.05.23
$375.50 for the budget increase (01.11.22 – 30.04.23). Due 01.05.23
$1095.00 for future maintenance. Due 01.08.23.
Special Levies are raised each year for the future maintenance fund.
The Owners Corporation will be raising special levies to undertake balcony repairs as required
The Owners Corporation will also be reviewing the installation of security cameras & repairs to stop the leaks
in the carpark and special levies will be raised as required
Special levies will also be raised as required to pay for all common property repairs.
Special levies will also be raised in the future to paint the building & undertake cladding rectification works.

5. The repairs, maintenance or other work which has been or is about to be performed which may incur additional
charges which have not been included in the above annual fees, maintenance fund & special fees are:
The building has been identified with flammable cladding & Boroondara Council has issued a building notices.
The Owners Corporation is currently dealing with the matter and the building’s non-compliant cladding will
need to be replaced and additional fees will be raised to pay for the replacement.

The Owners Corporation is currently aware of the following defects which are either in the process of being
rectified or still require rectification:

Page 1 of 4
 There are some water leaks in the car park that are seeping through the cement slab & from the pipes
penetrating the slab. These have been partially rectified by sealing areas of the slab and installing drip trays.

More works will be required & the tiles on the common areas will need to be removed & the area waterproofed
to stop the leaks in the carpark.

The planter boxes in the common area need to be waterproofed to stop carpark leaks & repairs will be
undertaken in the future.

Repairs may also be required to the building’s balconies & windows & roof. Owners are responsible for repairs
to their balcony membrane, tiles & walls.

Works may also be required to waterproof the render of the building.

Please note the Owners Corporation has several defects reports from Buildcheck. Defect reports are available
on request. The 2013 Buildcheck defect report is enclosed Please note the repairs to Unit 3 as outlined in the
report have been completed the roof repairs as highlighted in the report are completed. Further repairs need to
be undertaken to stop water entry into Unit 3, 34, 35 & 23.

Special levies will be raised to pay for all repairs on common property, which includes apartment balconies,
roof, windows, building’s render, cladding rectification & carpark leaks.

6. The owners corporation has the following insurance cover:

Name of the Company: CHU Underwriting Agencies Pty Ltd

No. of Policy: 30611
Kind of Policy: Residential Strata Title Insurance
Building Amount: $25,461,600
Public Liability Cover: $20,000,000
Buildings Covered: All buildings & improvements
Renewal Date: 20.10.23

7. Has the owners corporation resolved that members may arrange their own insurance under section 63 of OCA?
No

8. The total funds held by the owners corporation:

Assets as per the last financial year to 31.10.22

Assets: $19,132.84
Liabilities: - $40,388.36
Net Assets: $21,255.52 DR Sinking Fund: $112,188.30

9. Are there any liabilities of the owners corporation that not covered by annual fees, special levies and repairs
and maintenance as set out above? If so, then provide details:
Yes, special levies will be raised to repair the defects on common property which includes balcony repairs &
leaks in apartments, carpark leaks & replacing non - compliant cladding.

Special Levies will be raised each year as per the Maintenance Plan.

Page 2 of 4
10. Are there any current contracts, leases, licences or agreements affecting the common property? If so, then
provide details:
1. Forte Lifts for maintaining the lifts.
2. Ace Body Corporate Management for Owners Corporation Management
3. Alexon Pty Ltd for the inspection & testing of fire protection equipment.
4. Australian Essential Services Group for maintaining the essential services.
5. Eastlink - Air Conditioning for maintaining the Mechanical Ventilation.
6. ADT Fire Monitoring - to monitor the fire panel

Please note: The former owner of the land in plan of subdivision PS 537794 has entered into a lease with
Citipower Pty in respect of a substation located on common property and the ancillary rights for access and
cabling. The Owners Corporation is bound to perform the obligations of the landlord pursuant to the lease
insofar as they relate to the common property in the plan of subdivision.
A copy of the lease can be obtained on request from the Owners Corporation Manager.

The Owners Corporation has granted the following licenses affecting the common property for the following

Garden areas.
(a) Lot 6 - area A
(b) Lot 9 - area B
(c) Lot 10 - area C
(d) Lot 13 - area D

11. Are there any current agreements to provide services to lot owners, occupiers or the public? If so, then provide
details:
Nil
12. Are there any notices or orders served on the owners corporation in the last 12 months that have not been
satisfied are? If so, then provide details:
Boroondara Council has issued a Building Notice on the building.

13. Are there any legal proceedings to which the owners corporation is a party and any circumstances of which the
owners corporation is aware that are likely to give rise to proceedings? If so, then provide details:
Nil
14. Has the owners corporation appointed or resolved to appoint a manager? If so, then provide details:
A manager is appointed.
The manager is Ace Body Corporate Management (Camberwell) of 737 Burwood Road, Hawthorn 3122.
15. Has an administrator has been appointed for the owners corporation, or has been a proposal for the appointment
of an administrator?
The manager is not aware of any proposal to appoint an administrator as at the certificate date above
16. Documents required to be attached to the owners corporation certificate are:
A copy of the minutes of the Annual general meeting
A copy of the Owners Corporation Consolidated Rules.
A copy of the Model Rules.
Buildcheck defect report 2013
A copy of the common area lease agreement.
A copy of the maintenance Plan.
Biotopia Report – Unit 3
International Leak detection report – units 16 & 19 balconies
International Leak detection report – units 41, 42 & 46 balconies
AESG - External Wall Material Identification Report

Page 3 of 4
 Cetec - Building facade Material Investigation report
A copy of the Building Notice.
A copy of Schedule 3 of the Owners Corporations Regulations 2007 entitled “Statement of Advice and
Information for Prospective Purchasers and Lot Owners”

17. NOTE:
More information can be obtained by an inspection of the owners corporation register. Please make your
request to inspect the owners corporation register in writing to:
c/- Ace Body Corporate Management (Camberwell) 737 Burwood Road, Hawthorn 3122.
This Owners Corporation certificate was prepared by: Efi Condovrakis

The common seal of Owners Corporation Plan No: 537794N was affixed & witnessed in the presence of the registered
manager in accordance with Section 20(1) & section 21(2A) of the Owners Corporation Act 2006

___________________________________
Registered Manager

Signature of delegate of the Owners Corporation – Manager – Efi Condovrakis, in capacity as manager pursuant to
an instrument of delegation made by the Owners Corporation on 01.03.23

Ace Body Corporate Management (Camberwell) (ABN 63467482374)

737 Burwood Road
Hawthorn. VIC. 3122
Phone – 1300 653 478
email – Camberwell@acebodycorp.com.au

THIS CERTIFICATE IS ISSUED ON THE FOLLOWING BASIS:

The information contained in this certificate is correct to the best of the manager’s knowledge at the date it is given.
The information is subject to change without notice.
A verbal update may be provided on request, within 30 days after the date of issue.

Ace Body Corporate Management

ACE Page 4 of 4
 Owners Corporation 537794N, 1245 Burke Road, Kew, 3101
Minutes of the Annual General Meeting held on Wednesday 1st of March 2023 by Zoom

Present:
Lot 2 - Chris Rajakulenthiran Lot 3 - May Hooi Lot 5 - Ankush Verma
Lot 8 - Marty Dixon Lot 12 – Proxy Lot 9 - Stephen Adcock
Lot 22 - Stefan Vutov Lot 29 - Bob & Rae Sedergreen Lot 31 - Paul Mulraney
Lot 34 - Proxy Lot 43 - Proxy Lot 44 - Vafa Shams
Lot 45 - Jan Yong Lot 46 - Sam Hallawell

1. Appointment of Chairman
The meeting resolved to appoint the Owners Corporation manager Efi Condovrakis to chair the meeting.

MovMoved by: Paul Mulraney Seco Seconded by: May Hooi

For For; 14 AgaiAgainst: 0 For Outcome:

2. In Attendance
Efi Condovrakis from Ace Body Corporate Management (Camberwell)

Apologies:
An apologies was received from Craig Atkins – Lot 17 & 26

Proxies:
A Proxy was received from Peri Hunter of Lot 12 appointing Efi Condovrakis as Proxy.
A Proxy was received from Natthakarn Triteeyarat of Lot 34 appointing Efi Condovrakis as Proxy.
A Proxy was received from Peter Yee & Po Leung of Lot 43 appointing Efi Condovrakis as Proxy.

Minute Taker:
Efi Condovrakis was authorized to take the minutes.

Voting Method;
One vote per lot owner
Quorum:
As less than 50% of the members were represented at the meeting or by proxies an interim meeting was
declared. All meeting decisions of the Owners Corporation are interim decisions and become decisions of the
Owners Corporation if no petition is received within 28 days.

3. Confirmation of Previous Minutes:

The minutes of the Annual General meeting held on the 11th of April 2022 were taken as read and it was
resolved that they be confirmed, as they represented a true record of the meeting.

MovMoved by: Stephen Adcock Seco Seconded by: Paul Mulraney

For For; 14 AgaiAgainst: 0 For Outcome:

4. Managers report.
It has been a busy and productive year, and the following have attended too:
 The caretaking is servicing the property twice a week.
 Water leaks within the apartments & the carpark were investigated. Andreatta Group will investigate further the
water entry into Unit 3.
 Australian Essential services undertook a visual inspection of the building materials for non-complaint
cladding & Cetec tested the material. Reports are attached.
 The Owners Corporation is using Mimor to keep residents updated on maintenance matters. All Owners
residing at the property & tenants must register on the portal.
 The building’s Essential Services (fire services, mechanical ventilation and exit and emergency lighting) in
the common areas are maintained.
 Emergency & exit lights, which failed the six monthly tests, were replaced.
 Water was extracted from the carpet outside unit 18 after heavy storms.
 New flashing was installed to the perimeter walls of Unit 43.
 The lifts & the two sump pumps located in pits under two of the lifts are maintained.
 The gutters were cleaned.
 Five downpipes facing Burke Road were upsized with overflow provisions to allow for heavy rainfall.
 The fire mains burst pipe at the driveway entrance was repaired.
 A leak detection test was undertaken on the balconies of Unit 16 & 19.
 The windows were cleaned in December.
 The storm water drain was jet cleaned.
 The sewer pipe was jet cleaned
 A new pressure sensor was install on one of the sump pumps.
 A new self-dialing phone was installed to one of the lifts.
 Dumped furniture in the garbage room was removed. Landlords must ensure that tenants take all their
furniture with them when vacating the building.
 Landlords must ensure their tenants are aware the visitors bays are for visitors to the building only & not for
residential parking.
 A total of $484.54 was collected in Penalty Interest as per the Owners Corporation Act
 Liaised with residents & property managers regarding Owners Corporation Rules, move-ins & building
issues.
 Liaised with committee chairperson, other committee members & lot owners by phone & email on many
issues. The manager thanks the members of the committee for all of their work

In terms of the Owners Corporation Act 2006 managers are required to register with the Business Licensing
Authority, which the manager has done. The manager has Professional Indemnity Insurance of $2,000,000.

Dispute Resolutions
No complaints have been made to the Owners Corporation under Division 1 of Part 10 of the Owners
Corporation Act 2006

Committee report enclosed. Owners thanked Paul Mulraney for his work on the committee.

5. Review Insurance
The Manager advised the building is insured with CHU Underwriters. The Manager further advised the
members that she is an authorized representative of CHU and that she receives commission. (Commission does
not affect the premium payable). Copies of the Financial Services Guide and Product Disclosure Statement were
tabled.

The meeting resolved to have the following insurance cover.

Company: CHU Underwriting Agencies

Policy Number 21898
Building maintained at $25,461,600
Legal Liability maintained at $30,000,000
Common Contents Cover maintained at $112,551
Voluntary Workers maintained at $100,000
Fidelity Guarantee maintained at $250,000
Office Bearers Liability maintained at $5,000,000

Insurance Excess – Standard = $2000.00, Water damage = $2500.00 Fire $5000.00

Members are advised that whilst the Owners Corporation has insurance on the building and Public Liability
over the common areas, this insurance does not extend to the inside of member’s lots (balconies or car park
lots). It is therefore important that members organize their own Insurance, whether it is Unit Resident’s Personal
Contents Insurance (if residing at the unit) or Landlord’s Home Unit Contents Insurance (if renting the unit).

Members must reminded all personal items stored in the storage cages must be covered by owner’s/tenants
contents insurance.
 6. Building
6.1 Maintenance.
Members are reminded, that all balcony drains must be cleaned regularly to ensure the drains are not blocked.

Residents must ensure all the fire doors in the basement carpark remain closed.

Cladding:
The meeting was advised Boroondara council’s municipal building surveyor would be inspecting the building.

The below information is provided to ensure all resident’s safety in the building. Landlords must ensure this
information is provided to their tenants & property managers.

 Rubbish. Remove rubbish, clutter and flammable items from balconies.

 Balcony Furniture. Keep your balcony furniture away from exterior walls.
 BBQs. Ensure BBQs are 50cm from walls, clothing and other flammable material (Store gas bottles
outside, upright and away from heat sources).
 Smoking. Ensure cigarettes are fully extinguished in a heavy, high sided ashtray. Ideally, please avoid
smoking on balconies.
 Heaters. Avoid the use of patio heaters on balconies.
 Smoke Doors. Always keep smoke doors clear, closed and unlocked at all times.
 Smoke Alarms. Ensure smoke alarms are not covered or disconnected and are tested each month. If
smoke alarms have nine-volt batteries, it is critical they are replaced every year. Consider changing your
smoke alarms to ones with a 10 year lithium battery.
 Evacuation Plan. Know the building fire evacuation plan and be familiar with escape routes and escape
procedures.
 Air Conditioning Units. Keep items one metre from air-conditioning units, including clothing that is
drying.
 Call 000 in an emergency

Courtyard Trees – All owners are reminded that they are responsible for the maintenance of the trees within
their courtyards and must ensure the trees are trimmed away from the building & are below the windows of the
first level.

6.2: Members Responsibilities:

The Manager advised that litigation was on the increase and that members needed to be aware of the following
issues with respect to the buildings and common property;
o Oil spills on paving, or driveway - (Members are responsible for their own parking bays)
o Potential trip hazards – (EG: lifting, cracked or damaged paving / tiles)
o Building defects likely to cause bodily harm. (EG: Jammed exit doors and or gates)
o Damaged lights, or blown globes.
o Any other potential issues.
o
Members should report these issues immediately to the manager by phone and in writing and take the relevant
action to highlight the potential danger to other residents and visitors.

Members should also note, all tradesmen employed by members must follow Occupational Health and Safety
Legislation and Safe Working Practices appropriate to the type of work and have all necessary insurance cover
including public liability and licenses if required for the type of work

Please note: The Owners Corporation Manager must be advised in writing of any changes within the
apartments. This includes all building works, new glass installation to windows or balustrades, new doors,
electrical & plumbing works etc. Copies of all compliance certificates must be sent to the Owners Corporation
manager.

The buildings occupancy permit was issued on the original design and inspections. Any changes to the building
may have compromised the occupancy permit and the Owners Corporation insurance.
 7. Financial
7.1 – Confirmation of Income & Expenditure
The meeting reviewed the financial statements for the Owners Corporation, which was circulated with the
notice of meeting. It was resolved that they represented the flow of common funds for the year ending 31st
of October 2022.

Mov Moved by: Paul Mulraney Seco Seconded by: Stephen Adcock
For For; 14 AgaiAgainst: 0 For Outcome:

7.2 – Budget & Contributions

The suggested budget of expenditure for the Owners Corporation was circulated with the notice of meeting
and after receiving the budget for the year ending 31st of October 2023, members resolved to approve the
budget at $247,989.50 per annum & raise fees according to lot liability. The fees are due 01.05.23 & 01.11.23.

Mov Moved by: Paul Mulraney Seco Seconded by: Stephen Adcock
For For; 14 AgaiAgainst: 0 For Outcome:

7.3 - Debt Management:

The meeting resolved that the Owners Corporation will charge the current penalty interest rate on any fees
or charges owed by a member of the Owners Corporation 30 days after the due date for fees and charges. The
penalty interest rate will be back-dated to the due date.

MovMoved by: Paul Mulraney Seco Seconded by; Marty Dixon

For For; 14 AgaiAgainst: 0 For Outcome:

7.4. Raising Special levies – Resolve to raise a special levy according to lot liability:
The meeting resolved to raise the following special levies according to lot liability of:
 $14,080.00 to pay for budget deficit 01.11.21 – 31.10.22 – Due 01.05.23
 $50,000 to pay for future maintenance as per the maintenance fund – Due 01.08.23.
 $17,146.35 to pay for the increase in the annual budget (01.11.22 – 30.04.23) Due 01.05.23

Mov Moved by: Paul Mulraney Seco Seconded by: Stephen Adcock
For For; 14 AgaiAgainst: 0 For Outcome:

8. Appoint of Manager, Committee / Grievance committee/ Secretary & Chairperson

Manager:
The meeting resolved to appoint Audrey Pty Ltd aft Audrey Trust trading as Ace Body Corporate Management
(Camberwell) as Manager of the Owners Corporation in accordance with Section 119, 119A, 120 & 122 of the
Owners Corporations Act 2006.

Committee:
The meeting resolved to appoint eight members to the committee as per section 103 (1A) of the Owners
Corporation Act 2006.

The meeting resolved that the Owners Corporation delegates all the powers and functions to the committee as
set out in the instrument of delegation that was tabled at the meeting. Such delegation will include all the powers
to make decisions on behalf of the Owners Corporation as allowed for in the Act/Regulations

Paul Mulraney, Jan Yong, May Hooi, Stephen Adcock, Stefan Vutov, Marty Dixon, Ankush Verma and Sam
Hallawell were appointed to the committee.

Paul Mulraney was appointed committee chairperson / secretary.

Mov Moved by: Paul Mulraney Seco Seconded by: Stephen Adcock
For For; 14 AgaiAgainst: 0 For Outcome:

9. Resolution to affix seal

The meeting resolved to affix the seal of the Owners Corporation, in accordance with section 20 of the Owners
Corporation Act (2006) to the Management contract & the committee instrument of delegation.
 MovMoved by: Stephen Adcock Seco Seconded by: May Hooi
For For; 14 AgaiAgainst: 0 For Outcome:

10. Closing
The meeting was closed 6.00 pm with the chairperson thanking all those who attended and sent proxies.

____________________________ ___________________
Chairperson Date

Other Business:
 Visitors parking bays.
 Signage on intercom to carpark.
 Vic Roads to be contacted on keep clear signage in front of driveway

Minutes of the Owners Corporation Committee on Wednesday 1st of March 2023 by Zoom

1. Attendance
Paul Mulraney Jan Yong May Hooi Stephen Adcock Stefan Vutov
Marty Dixon Ankush Verma Sam Hallawell

Quorum
As 100% of Committee members were present at the meeting, the meeting could proceed.

2. Committee Chairperson;
Paul Mulraney was appointed committee chairperson.

3. Appoint Committee Secretary

Paul Mulraney was appointed the committee secretary.

All committee members are appointed to the Grievance Subcommittee

The meeting closed at 6.05pm

 OWNERS CORPORATION COMMITTEE REPORT
12th FEBRUARY 2023
1. Membership. The following were appointed to the Owners Corporation Committee at the AGM
conducted on Monday, 11th April 2022:

Paul Mulraney Suhail Nepal Stephen Adcock Jan Yong

Stefan Vutov Sam Hallawell May Hooi Marty Dixon

2. Meetings. Formal meetings were conducted by Zoom on Monday, 11th April and Monday, 19 September
2022. However, during the period the remainder of the Committee’s business was conducted by the
exchange of emails, telephone calls and Circular Resolutions.
3. Business.
Routine Maintenance. In addition to routine maintenance and compliance matters, the major business of the
Committee related to ongoing issues in relation to leaks in balconies that are impacting a number of Units.
Water Leaks. The Committee was concerned with a number of water leaks and approved quotes for remedial
works or for further investigation as appropriate. Of particular concern were leaks in Lots 5 and 23 and the
ongoing matter in Lot 3.
External Combustible Cladding. Upon advice that the building was likely to contain external combustible
cladding the Committee approved the engagement of CETEC Pty Ltd to carry testing to confirm the presence
of the cladding. Following confirmation of the presence of the cladding the Committee agreed via circular
resolution that we had a duty of disclosure to our Insurer and a duty of care that included ensuring that the
essential safety measures (ESMs) of the building are maintained and can operate effectively during and
emergency in addition to self-reporting the presence of combustible cladding to the VBA.
The Committee authorised the Body Corporate Manager to discharge these statutory
obligations on behalf of the Owners’ Corporation.
The Body Corporate Manager discharged the above obligations and advised all Lot Owners of the presence of
the external combustible cladding and the safety measures that Owners/Occupiers needed to put in place.
The VBA referred the matter to the City of Boroondara. Upon receipt of further advice the Committee will
determine what further action is required.
4. Liaison with Body Corporate Manager. Chair maintained regular contact with Ace Body
Corporate Management.

Paul Mulraney
Chair, Owners’ Corporation Committee
 MAINTENANCE PLAN
STANHOPE APARTMENTS
1245 Burke Road

Kew VIC 3101

Plan of Subdivision OC537794N

Report details
Inspection date: 28/04/2017
Inspector: Mauro Formichelli

NEW SOUTH WALES QUEENSLAND VICTORIA

Level 5, 115 Pitt St Sydney 2000 18 Park Rd Milton 4064 Level 1, 1 Queens Rd Melbourne 3004
PO Box A72 Sydney South NSW 1235 PO Box 1584 Milton 4064 GPO Box 3025 Melbourne 3001
 03 May 2017

The Owners Corporation

Plan of Subdivision OC537794N
1245 Burke Road
Kew VIC 3101

Dear Committee Members,

Thank you for appointing our company to conduct your Maintenance Plan.

Based on our survey of your property, we have determined that the Owners Corporation will need to
increase its contributions in the short term to cover its forecast maintenance fund expenses. We
recommend that the levies initially be set at the level shown in this report. Once the short-term
expenses have been paid for, we recommend that this report be updated to confirm that the levies can
be reduced to the level shown in this report.

This plan should be updated regularly to account for actual changes in construction and maintenance
costs, unanticipated changes in the property's condition over time, changes in legal requirements and
any discrepancies between the forecast and actual maintenance fund balances. Regular updates also
create peace of mind and assist the Owners Corporation to manage the risk of litigation from individual
owners (current and future) for breaches of its duty to maintain the common property by providing
reasonable, up-to-date estimates of the cost of necessary maintenance work and repairs.

Key Report Data Levies Summary – First Financial Year

Levy Per Lot Liability (Total maintenance fund levy divided by lot liabilities) $0.00
Total Lot Liabilities 10000
Total Maintenance Fund Levy $0.00

The data used to arrive at the above figures (which includes GST) is in the attached report. It is
designed for ease of reading. For your convenience here is your Report Index:

Report Index Page No.

Owners Report Summary Section 1
Building Details and Report Inputs Page 2
10 Year Cash Flow Tracking & Graph 3
Report Detail Section 2
10 Year Anticipated Expenditure Table 4
Building Data List from Property Inspection 8
Inspector’s Building Report & Building Specific Report Notes 12
Report Notes 14

All services provided by Solutions in Engineering are supplied on the basis of our 'Supply
Terms and Conditions' which are available from our Office and from our website
www.solutionsinengineering.com

If you have any questions regarding your report or need our specialised services in Professional Safety
Reports, Insurance Valuations, Maintenance Reports, Asbestos Audits or Balustrade Testing call us on
1300 136 036 or email enquiry@solutionsinengineering.com.

Yours sincerely,

The Team at Solutions in Engineering

NEW SOUTH WALES QUEENSLAND VICTORIA

Level 5, 115 Pitt St Sydney 2000 18 Park Rd Milton 4064 Level 1, 1 Queens Rd Melbourne 3004
PO Box A72 Sydney South NSW 1235 PO Box 1584 Milton 4064 GPO Box 3025 Melbourne 3001
 3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

Building Details & Report Inputs

Supplied information
Building Name Stanhope Apartments
1245 Burke Road
Building Address
Kew VIC 3101
Plan of Subdivision No OC537794N
Plan Type Plan of Subdivision
Registered Plan Date/Year of Construction 2009
Number of Lot Liabilities 10000
Number of Units 46
Estimated Starting Maintenance Fund Balance $0
Starting date of Financial Year for Report 1/11/2016
GST Status Registered for GST
Current Maintenance Fund Levy per Lot Liability (Inc.
$0.00
GST)

Report assumptions & information

Assumed Interest Rate on invested funds (For funds over $10,000) 3.35%
Company Taxation Rate 30.00%
Interest on Invested Funds - Based on Assumed Interest Rate minus Company Taxation Rate.
2.35%
Calculated only on maintenance fund balances over $10,000.
Contingency Allowance - For minor and/or unforeseen expenses 8%
Assumed Rate of Inflation for Building Maintenance Costs - Based on average annual building
3.10%
cost increase between 2002 and 2012
Plan Period - Number of years the plan forecasts. 10 years

10 Year Levy Table

Year Year To Total Contribution Contribution per Lot Liability Quarterly Contribution
dd/mm/yyyy Including GST GST Component Including GST GST Component Including GST GST Component

1 31/10/2017 0.00 0.00 0.00 0.00 0.00 0.00

2 31/10/2018 64,900.00 5,900.00 6.49 0.59 1.62 0.15
3 31/10/2019 129,800.00 11,800.00 12.98 1.18 3.25 0.30
4 31/10/2020 54,560.00 4,960.00 5.46 0.50 1.37 0.12
5 31/10/2021 56,251.36 5,113.76 5.63 0.51 1.41 0.13
6 31/10/2022 57,995.16 5,272.29 5.80 0.53 1.45 0.13
7 31/10/2023 59,793.01 5,435.73 5.98 0.54 1.50 0.14
8 31/10/2024 61,646.60 5,604.24 6.16 0.56 1.54 0.14
9 31/10/2025 63,557.64 5,777.97 6.36 0.58 1.59 0.14
10 31/10/2026 65,527.92 5,957.08 6.55 0.60 1.64 0.15

© Solutions in Engineering | Ph 1300 136 036 Section 1 Page 2

3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

10 Year Cash Flow Tracking Sheet

The table below shows the cash flow starting with the anticipated ‘Opening Balance’ at the start of the first
financial year which you provided to us. We then add the ‘Total Levy Contributions’ for the year and any
‘Interest’ on balances greater than $10,000. Any ‘Anticipated Expenses’ are then allowed for leaving a ‘Closing
Balance’ for the year which in turn becomes the ‘Opening Balance’ for the following year. In summary:
Opening Balance + Total Levy Contributions + Interest – Anticipated Expenses = Closing Balance

Opening Total Levy Anticipated Closing

Year Year To Interest
Balance Contributions Expenses Balance
1 31/10/2017 0.00 0.00 0.00 0.00 0.00
2 31/10/2018 0.00 59,000.00 0.00 53,550.00 5,450.00
3 31/10/2019 5,450.00 118,000.00 0.00 116,502.73 6,947.27
4 31/10/2020 6,947.27 49,600.00 381.31 31,042.73 25,885.85
5 31/10/2021 25,885.85 51,137.60 680.27 45,013.64 32,690.08
6 31/10/2022 32,690.08 52,722.87 1,157.71 19,574.55 66,996.11
7 31/10/2023 66,996.11 54,357.28 2,114.00 8,434.55 115,032.84
8 31/10/2024 115,032.84 56,042.36 3,078.52 24,106.36 150,047.36
9 31/10/2025 150,047.36 57,779.67 3,847.15 30,457.27 181,216.91
10 31/10/2026 181,216.91 59,570.84 3,712.15 106,077.27 138,422.63

10 Year Cash Flow Graph

The graph below tracks the 'Contributions' (the amount collected in levies), the projected 'Closing balance' of the
maintenance fund and the likely 'Expenses' for each year of this plan. The three lines in the graph are:
Contributions line - Total maintenance fund contributions per year.
Expenses line – Total anticipated expenses in each year.
Closing balance line – Shows the amount left in the fund bank account at the end of the year after all anticipated
expenses have been allowed for.

Cash Flow
$200,000

$180,000

$160,000

$140,000

$120,000

$100,000

$80,000

$60,000

$40,000

$20,000

$0
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

Expenses (Ex GST) Contributions (Ex GST) Closing Balance

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

Anticipated Expenditures Table Year 1 - 10

This table shows when expenses will occur in the next 15 years. From left to right the columns are:-
‘Expenditure Items’ - lists the different areas and items of expenditure.
‘Current Cost’ - shows the current maintenance expenditure costs in today’s dollars.
‘Year 1’ to ‘Year 10’ - shows the costs in the year in which they occur including the 'Assumed Rate of Inflation' compounded annually until the cost is due.

At the bottom on each column there are three lines. Firstly, a ‘Grand Total (Inc. GST)’ followed by a line calculating the ‘Contingency Allowance (Inc. GST)’ for
unforeseen and minor expenses and finally ‘Total Expenses (Inc. GST)’ for that year. Please note: This page rounds figures to the nearest whole dollar.

Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Expenditure Item
Cost (2017) (2018) (2019) (2020) (2021) (2022) (2023) (2024) (2025) (2026)
1. Building exterior
Repaint walls 40,196 - - 42,727 - - - - - - -
Repair render walls (total: 1720 m2) - 5% 5,196 - - 5,523 - - - - - - -
Repaint ceilings / balcony ceilings 10,143 - - 10,782 - - - - - - -
Maintain / repair balcony louvers and
4,400 - - - - - - - - - 5,791
framed structure
Maintain / repair aluminium screens 5,000 - - - - - - - - - 6,581
Repaint steel pergola structure 5,518 - - 5,865 - - - - - - -
Repaint eaves 10,470 - - 11,129 - - - - - - -
Repaint service doors - both sides including
112 - - 119 - - - - - - -
architraves
Maintain / repair aluminium windows / doors 8,978 - - - - - - - - - -
Repaint solid balustrades 5,866 - - 6,235 - - - - - - -
Inspect and repair glass balustrades 6,500 - - 6,909 - - - - - - -
Sub Total (Incl. GST) 0 0 89,289 0 0 0 0 0 0 12,372

2. Roof
Maintain / repair aluminium guttering (total:
3,355 - - 3,566 - - - - - - -
518 Lm) - 15%
Maintain / repair aluminium fascia (total:
3,565 - - - - - - - - - -
518 Lm) - 15%
Maintain / repair aluminium downpipes
2,562 - - 2,723 - - - - - - -
(total: 368 Lm) - 20%
Maintain / repair aluminium flashings 950 - 979 - - - 1,107 - - - 1,250
Maintain / repair metal roof (total: 2273 m2)
8,911 - - - - - - - - - 11,729
- 5%
Repaint membrane roof 3,023 - - - 3,313 - - - - - -
Maintain / repair roof access hatch 839 - 865 - - - - - 1,039 - -
Sub Total (Incl. GST) 0 1,844 6,289 3,313 0 1,107 0 1,039 0 12,979

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584
Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Expenditure Item
Cost (2017) (2018) (2019) (2020) (2021) (2022) (2023) (2024) (2025) (2026)
3. Access for work at heights
Scaffolding for work at heights 8,500 - - 9,035 - - - - - - -
Sub Total (Incl. GST) 0 0 9,035 0 0 0 0 0 0 0

4. Hallways / lobby
Repaint ceilings 4,963 - 5,117 - - - - - - - 6,532
Repaint walls 16,082 - 16,581 - - - - - - - 21,167
Repaint doors - one side including
4,213 - 4,344 - - - - - - - 5,545
architraves
Repaint service doors - both sides including
1,790 - 1,845 - - - - - - - 2,356
architraves
Repair or replace aluminium / glass doors 978 - 1,008 - - - - 1,175 - - -
Replace carpet 21,096 - - - - 23,836 - - - - -
Sub Total (Incl. GST) 0 28,895 0 0 23,836 0 1,175 0 0 35,600

5. Stairwells
Repaint ceilings 1,278 - - - - - - - - - 1,682
Repaint rendered walls 9,396 - - - - - - - - - 12,367
Repaint doors - both sides including
2,237 - 2,306 - - - - - - - 2,944
architraves
Repair or replace door furniture including
978 - 1,008 - - - - - - - 1,287
closers
Replace tactiles (total: 20 m2) - 20% 607 - - - 665 - - - - - -
Sub Total (Incl. GST) 0 3,314 0 665 0 0 0 0 0 18,280

6. Vehicle accessways / basement car

parks
Surface cleaning and maintenance program 2,900 - - - 3,178 - - - - 3,702 -
Reseal exposed aggregate concrete
981 - - - 1,075 - - - - 1,252 -
surface
Repaint line marking 5,884 - - - - - - - - 7,512 -
Maintain stormwater drains - allowance 1,973 - 2,034 - - 2,229 - - 2,443 - -
Maintain car park roller doors 445 - 459 - 488 - 518 - 551 - 586
Replace car park roller door motors 1,692 - - - - 1,912 - - - - -
Replace extraction fan motors (total: 4) 3,632 - - - - 4,104 - - - - -
Maintain chain wire storage cages 967 - - - - 1,093 - - - - -
Repaint doors - both sides including
1,119 - 1,154 - - - - - - - 1,473
architraves
Repair or replace door furniture including
474 - 489 - - - - - - - 624
closers
Replace domestic water pumps 2,124 - - - - 2,400 - - - - -
Sub Total (Incl. GST) 0 4,136 0 4,741 11,738 518 0 2,994 12,466 2,683

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584
Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Expenditure Item
Cost (2017) (2018) (2019) (2020) (2021) (2022) (2023) (2024) (2025) (2026)
7. External walkways
Reseal exposed aggregate concrete
3,015 - - - 3,304 - - - - 3,849 -
surface
Maintain / repair exposed aggregate
1,971 - - - 2,160 - - - - 2,516 -
surface (total: 332 m2) - 5%
Replace tactiles (total: 18 m2) - 20% 607 - - - 665 - - - - - -
Maintain / repair floor tiles (total: 49 m2) -
985 - - 1,047 - - - - 1,220 - -
15%
Inspect and repair stainless steel handrails
606 - 625 - - - - - 750 - -
(total: 27 Lm) - 10%
Sub Total (Incl. GST) 0 625 1,047 6,129 0 0 0 1,970 6,365 0

8. Fixtures and fittings

Replace letterboxes (total: 47) 1,392 - - - - - - - - - -
Maintain common property electricals 4,000 - 4,124 - 4,384 - 4,660 - 4,953 - 5,265
Maintain common lights 1,050 - 1,083 - 1,151 - 1,223 - 1,300 - 1,382
Maintain common light fixtures - internal
1,653 - 1,704 - 1,812 - 1,926 - 2,047 - 2,176
(total: 52 Ea) - 20%
Maintain common property plumbing 3,500 - 3,609 - 3,836 - 4,077 - 4,334 - 4,607
Repair or replace swipe card system 708 - - - - 800 - - - - -
Replace security access intercom (total: 7
3,177 - - - - 3,590 - - - - -
Ea)
Replace security cameras CCTV (total: 2) 955 - - - - 1,079 - - - - -
Replace community signage 1,150 - - - 1,260 - - - - - -
Sub Total (Incl. GST) 0 10,520 0 12,443 5,469 11,886 0 12,634 0 13,430

9. Fence maintenance
Maintain aluminium gates 448 - 462 - 491 - 522 - 555 - 590
Repair or replace gate furniture including
274 - 282 - - - - - - - 361
closers
Repair or replace aluminium metal fence
5,228 - - - - - - 6,279 - - -
(total: 244 Lm – rate 100%)
Repair or replace standard paling fence
1,568 - - - - - 1,827 - - - -
(total: 118 Lm – rate 50%)
Sub Total (Incl. GST) 0 744 0 491 0 2,349 6,279 555 0 951

10. Walls
Repaint rendered brick walls 7,316 - - 7,777 - - - - - - -
Repaint rendered planter box walls 4,914 - - 5,223 - - - - - - -
Repair rendered planter box walls (total:
5,425 - - - - - - - - - 7,140
225 m2 - rate 100%)
Sub Total (Incl. GST) 0 0 13,000 0 0 0 0 0 0 7,140

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584
Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Expenditure Item
Cost (2017) (2018) (2019) (2020) (2021) (2022) (2023) (2024) (2025) (2026)
11. Landscaping
Maintain gardens - allowance 3,500 - 3,609 - 3,836 - 4,077 - 4,334 - 4,607
Repair or replace block wall - interlocking
947 - - - - - - 1,137 - - -
(total: 23 Lm - rate 100%)
Sub Total (Incl. GST) 0 3,609 0 3,836 0 4,077 1,137 4,334 0 4,607

12. Fire equipment

Replace or upgrade fire control panel 7,508 - - - - - - - - 9,585 -
Replace fire hose reels (total: 5) 1,534 - - - - - - - - 1,958 -
Replace fire extinguishers (total: 4) 380 - - - - 429 - - - - -
Replace hydrant pipe collars (total: 4) 507 - - - - - - - - 647 -
Replace fire hydrant booster pump 1,521 - - - - 1,719 - - - - -
Replace fire sprinkler booster pump 1,521 - - - - 1,719 - - - - -
Replace emergency light directional cover /
829 - 855 - - 937 - - 1,027 - -
diffuser (total: 45)
Sub Total (Incl. GST) 0 855 0 0 4,804 0 0 1,027 12,190 0

13. Lift
Refurbish lift interior 44,730 - - - - - - - - - -
Overhaul lift motor 50,213 - - - - - - - - - -
Sub Total (Incl. GST) 0 0 0 0 0 0 0 0 0 0

Grand Total (Incl. GST) 0 54,542 118,660 31,618 45,847 19,937 8,591 24,553 31,021 108,042
Contingency Allowance (Incl. GST) 0 4,363 9,493 2,529 3,668 1,595 687 1,964 2,482 8,643
Grand Total Expenses (Incl. Contingency
0 58,905 128,153 34,147 49,515 21,532 9,278 26,517 33,503 116,685
Allowance and GST)

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

Building Data List from the Property Inspection for Stanhope Apartments

This table has all the data collected by the building inspector while inspecting the complex. The columns from left to right are:-
’Items’ – identifies and describes the maintenance item ’Value’ – is the quantity (Qty) multiplied by the Rate ($)
’Qty’ – lets you know the total quantity of that item ‘Next Due’ - is the remaining life in years until an item needs money spent on it.
’Unit’ – is the unit rate used to measure the quantity ‘Total Life’ - is the total life the item after it is replaced, repaired or repainted.
’Rate’ – is the cost of each unit in dollars ‘Comments’ – details any useful explanatory notes for the item.

Items Qty Unit Rate ($) Value ($) Next Due Total Life Comments
1. Building exterior
Repaint walls 1,720 m2 23.37 40,196.00 3 8 Ongoing painting program
Repair render walls (total: 1720 m2) - 5% 86 m2 60.42 5,196.00 3 8 Repair or replace as required
Repaint ceilings / balcony ceilings 434 m2 23.37 10,143.00 3 8 Ongoing painting program
Maintain / repair balcony louvers and framed structure 1 Item 4,400.00 4,400.00 10 16 Maintain / repair as required
Maintain / repair aluminium screens 1 Item 5,000.00 5,000.00 10 16 Maintain / repair as required
Repaint steel pergola structure 242 Lm 22.80 5,518.00 3 8 Ongoing painting program
Repaint eaves 448 Lm 23.37 10,470.00 3 8 Ongoing painting program
Repaint service doors - both sides including architraves 1 Ea 111.87 112.00 3 8 Ongoing painting program
Maintain / repair aluminium windows / doors 1 Item 8,977.93 8,978.00 12 20 Replace seals, mechanism repairs
Repaint solid balustrades 251 m2 23.37 5,866.00 3 8 Ongoing painting program
Inspect and repair glass balustrades 1 Item 6,500.00 6,500.00 3 8 Repair as required
2. Roof
Maintain / repair aluminium guttering (total: 518 Lm) - 15% 78 Lm 43.01 3,355.00 3 8 Maintain / repair as required
Maintain / repair aluminium fascia (total: 518 Lm) - 15% 78 Lm 45.70 3,565.00 11 16 Maintain / repair as required
Maintain / repair aluminium downpipes (total: 368 Lm) - 74 Lm 34.62 2,562.00 3 8 Maintain / repair as required
20%
Maintain / repair aluminium flashings 1 Item 950.00 950.00 2 4 Maintain / repair as required
Maintain / repair metal roof (total: 2273 m2) - 5% 114 m2 78.17 8,911.00 10 16 Maintain / repair as required
Repaint membrane roof 104 m2 29.07 3,023.00 4 10 Ongoing painting program
Maintain / repair roof access hatch 5 Ea 167.72 839.00 2 6 Maintain / repair as required
3. Access for work at heights
Scaffolding for work at heights 1 Item 8,500.00 8,500.00 3 8 Quotation required

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Items Qty Unit Rate ($) Value ($) Next Due Total Life Comments
4. Hallways / lobby
Repaint ceilings 233 m2 21.30 4,963.00 2 8 Ongoing painting program
Repaint walls 755 m2 21.30 16,082.00 2 8 Ongoing painting program
Repaint doors - one side including architraves 46 Ea 91.58 4,213.00 2 8 Ongoing painting program
Repaint service doors - both sides including architraves 16 Ea 111.87 1,790.00 2 8 Ongoing painting program
Repair or replace aluminium / glass doors 1 Item 977.93 978.00 2 5 Repair or replace as required
Replace carpet 233 m2 90.54 21,096.00 5 12 Replace as required
5. Stairwells
Repaint ceilings 60 m2 21.30 1,278.00 10 16 Ongoing painting program
Repaint rendered walls 430 m2 21.85 9,396.00 10 16 Ongoing painting program
Repaint doors - both sides including architraves 20 Ea 111.87 2,237.00 2 8 Ongoing painting program
Repair or replace door furniture including closers 1 Item 977.93 978.00 2 8 Repair or replace as required
Replace tactiles (total: 20 m2) - 20% 4 m2 151.82 607.00 4 10 Replace as required
6. Vehicle accessways / basement car parks
Surface cleaning and maintenance program 1 Item 2,900.00 2,900.00 4 5 Ongoing cleaning program
Reseal exposed aggregate concrete surface 108 m2 9.08 981.00 4 5 Reseal as required
Repaint line marking 392 Lm 15.01 5,884.00 9 10 Ongoing painting program
Maintain stormwater drains - allowance 1 Item 1,972.84 1,973.00 2 3 Ongoing maintenance program
Maintain car park roller doors 1 Ea 445.38 445.00 2 2 Replace as required
Replace car park roller door motors 1 Ea 1,692.26 1,692.00 5 10 Replace as required
Replace extraction fan motors (total: 4) 2 Ea 1,816.08 3,632.00 5 10 Replace as required
Maintain chain wire storage cages 1 Item 967.22 967.00 5 10 Repair or replace as required
Repaint doors - both sides including architraves 10 Ea 111.87 1,119.00 2 8 Ongoing painting program
Repair or replace door furniture including closers 1 Item 474.00 474.00 2 8 Repair or replace as required
Replace domestic water pumps 1 Ea 2,123.82 2,124.00 5 10 Replace as required
7. External walkways
Reseal exposed aggregate concrete surface 332 m2 9.08 3,015.00 4 5 Reseal as required
Maintain / repair exposed aggregate surface (total: 332 17 m2 115.92 1,971.00 4 5 Repair as required
m2) - 5%
Replace tactiles (total: 18 m2) - 20% 4 m2 151.82 607.00 4 10 Replace as required
Maintain / repair floor tiles (total: 49 m2) - 15% 7 m2 140.75 985.00 3 5 Maintain / repair as required
Inspect and repair stainless steel handrails (total: 27 Lm) - 3 Lm 202.14 606.00 2 6 Repair as required, replace fasteners
10%

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Items Qty Unit Rate ($) Value ($) Next Due Total Life Comments
8. Fixtures and fittings
Replace letterboxes (total: 47) 10 Ea 139.16 1,392.00 13 20 Replace as required
Maintain common property electricals 1 Item 4,000.00 4,000.00 2 2 Ongoing maintenance program - substratum
wiring
Maintain common lights 1 Item 1,050.00 1,050.00 2 2 Ongoing maintenance allowance
Maintain common light fixtures - internal (total: 52 Ea) - 10 Ea 165.34 1,653.00 2 2 Ongoing maintenance allowance
20%
Maintain common property plumbing 1 Item 3,500.00 3,500.00 2 2 Ongoing maintenance program - substratum
pipes
Repair or replace swipe card system 1 Item 707.56 708.00 5 12 Replace as required
Replace security access intercom (total: 7 Ea) 3 Ea 1,058.96 3,177.00 5 12 Replace as required
Replace security cameras CCTV (total: 2) 1 Ea 955.22 955.00 5 12 Replace as required
Replace community signage 1 Item 1,150.00 1,150.00 4 10 Quotation required
9. Fence maintenance
Maintain aluminium gates 2 Ea 224.02 448.00 2 2 Repair as required
Repair or replace gate furniture including closers 1 Item 274.00 274.00 2 8 Repair or replace as required
Repair or replace aluminium metal fence (total: 244 Lm – 49 Lm 106.70 5,228.00 7 12 Repair or replace as required
rate 100%)
Repair or replace standard paling fence (total: 118 Lm – 35 Lm 44.81 1,568.00 6 10 Repair or replace as required - shared boundary
rate 50%) fence
10. Walls
Repaint rendered brick walls 335 m2 21.84 7,316.00 3 8 Ongoing painting program
Repaint rendered planter box walls 225 m2 21.84 4,914.00 3 8 Ongoing painting program
Repair rendered planter box walls (total: 225 m2 - rate 23 m2 235.86 5,425.00 10 16 Repair as required
100%)
11. Landscaping
Maintain gardens - allowance 1 Item 3,500.00 3,500.00 2 2 Ongoing maintenance program
Repair or replace block wall - interlocking (total: 23 Lm - 5 m2 189.40 947.00 7 12 Repair or replace as required
rate 100%)
12. Fire equipment
Replace or upgrade fire control panel 1 Item 7,507.88 7,508.00 9 15 Replace as required
Replace fire hose reels (total: 5) 2 Ea 766.97 1,534.00 9 15 Replace only if existing cannot be repaired
Replace fire extinguishers (total: 4) 2 Ea 190.15 380.00 5 10 Replace as required
Replace hydrant pipe collars (total: 4) 2 Ea 253.54 507.00 9 15 Replace as required
Replace fire hydrant booster pump 1 Ea 1,521.26 1,521.00 5 10 Replace as required
Replace fire sprinkler booster pump 1 Ea 1,521.26 1,521.00 5 10 Replace as required
Replace emergency light directional cover / diffuser (total: 1 Item 828.93 829.00 2 3 Replace as required
45)

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

Items Qty Unit Rate ($) Value ($) Next Due Total Life Comments
13. Lift
Refurbish lift interior 5 Ea 8,945.98 44,730.00 13 15 Refurbish as required
Overhaul lift motor 5 Ea 10,042.69 50,213.00 13 15 This is an estimate only - lifts need to be
individually inspected by a licensed contractor to
provide an accurate quote.

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3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

Inspector's Report for Stanhope Apartments

1. We have recommended that the balance of the Sinking Fund be allowed to increase over the
length of this report, leading to a significant balance in the later years. It is necessary to allow a
larger balance over time to offset the effects of inflation on building material and labour costs
and to ensure that adequate funds are available to provide for major works, which frequently
become necessary as the building ages but which cannot be reliably forecast this far in
advance. Based on historical data and current trends, we anticipate that building construction
and maintenance costs will increase by fifty percent every fifteen years. This recommendation
will be reviewed each time this report is updated, in light of price levels and the state of the
building at the time of each update.

2. IMPORTANT NOTES ABOUT PAINTING: Painting a building serves two main purposes:
improving the appearance of the building; and protecting the painted surface. From a
maintenance point of view, this second purpose is more important. By sealing the surface, paint
protects the building from damage caused by water, salt or air pollutants. Although most paints
will hold their appearance for at least ten years, before cracking or peeling occurs, they become
porous and lose their protective abilities well before this point. As such, we recommend that
surfaces are repainted more frequently.

High-quality elastomeric paints, when properly applied, can achieve longer-lasting results,
however the higher cost of this paint, lower spread rates and higher labour costs associated with
this work tends to increase painting cost by approximately 50%, and so has not been included in
this forecast.

Washing or pressure cleaning a painted surface can significantly diminish its function as a
protective coating. If the surface is not repainted after the timeframe recommended above it will
become more vulnerable to water, salt and/or pollutants. The resulting damage can considerably
increase the cost of surface preparation before future repainting and, in extreme cases lead to
concrete cancer, requiring major repairs.

3. The amounts estimated for the painting of the property include, as far as possible, all external
surfaces including those within individual lots. While the maintenance costs of some of these
surfaces are technically the responsibility of the individual lot owners, it is usual for the Owners
Corporation to administer the painting of these areas to preserve the appearance of the building
and to reduce overall costs for individual lot owners.

4. Actual Painting quotations can vary to our Painting Cost Estimates due to colour selection
changes (i.e.: changing from light to dark or dark to light that may require multiple coats). Often
over product specification that includes either an impact membrane or 3 coat system can add up
to 15-20% to the painting per square metre rate.

5. The maintenance of fences between properties is regulated under the Fences Act 1968, which
states that neighbours have equal responsibility for dividing fences. As such, we have applied a
fifty percent rate to all maintenance work on these fences in this report.

6. An allowance has been made for the cleaning and maintenance of the driveway. Cleaning may
be carried out using high pressure water or a chemical wash, however the Owners Corporation
should take care to abide by water-use restrictions when doing so.

7. Monies were budgeted for the maintenance and replacement of window parts on the complex.

8. Money allocated for scaffold can be used for other access equipment eg.boomlift, cherrypicker.

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9. The metal roof and flashings needs regular maintenance.

10. Money was allocated to the maintenance of driveway / carpark entry gates and the replacement
of electric gate motors over time.

11. A walkway maintenance program was included for repairs and maintenance to the external
common area walkways and stairways.

12. An allowance for plumbing and drainage maintenance was included for the complex.

13. Monies were budgeted for the maintenance of the common area gardens, landscaping and tree
pruning.

14. Maintenance of fire equipment was included in this report for smoke detectors, fire hsoe reels
and fire extinguishers, and the fire control panel.

15. Lift maintenance has been included in this report.

16. Based on our assessment of the maintenance needs of the property, we believe that the levies
should remain at a high level for the first three years to meet the forecast liabilities of the
Maintenance Fund and then subsequently decreased. We recommend that this report be
updated no less than every three years to ensure that it captures market variations and any
changes in the building itself.

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Report Notes

Maintenance Fund Plan (VIC)

This forecast satisfies the current requirements of Division 3 of the Owners Corporation Act 2006 (Vic), as
required for prescribed Owners Corporation under Section 5 of the Owners Corporation Regulations 2007
(Vic). Relevantly, the Act states:-

Division 3—Maintenance Plan

36. Maintenance plan
(1) A prescribed Owners Corporation must prepare a maintenance plan for the property for which it is responsible.
(2) An Owners Corporation (other than a prescribed Owners Corporation) may prepare a maintenance plan for the
property for which it is responsible.
37. What must a maintenance plan contain?
(1) The maintenance plan must set out—
(a) the major capital items anticipated to require repair and replacement within the next 10 years; and
(b) the present condition or state of repair of those items; and
(c) when those items or components of those items will need to be repaired or replaced; and
(d) the estimated cost of the repair and replacement of those items or components; and
(e) the expected life of those items or components once repaired or replaced; and
(f) any other prescribed information.
(2) In this section— "major capital item" includes—
(a) a lift; or
(b) an air conditioning plant; or
(c) a heating plant; or
(d) an item of a prescribed class.
38. When does a maintenance plan have effect?
(1) A maintenance plan does not have effect unless it is approved by the Owners Corporation.
(2) In approving a maintenance plan, an Owners Corporation may set conditions for the payment of money out of
the maintenance fund.
Division 4—Maintenance Fund
40. Establishment of maintenance fund
An Owners Corporation that has an approved maintenance plan must establish a maintenance fund in the name of
the Owners Corporation.
41. What is the maintenance fund for?
The maintenance fund of an Owners Corporation must be used for the implementation of the maintenance plan of
the Owners Corporation.
42. Payments into maintenance fund
If an Owners Corporation has established a maintenance fund, the following must be paid into that fund—
(a) any part of the annual fees that is designated as being for the purpose of the maintenance plan;
(b) any amounts received under an insurance policy in respect of the damage or destruction of property
covered by the maintenance plan;
(c) any interest earned on the investment of the money in the fund;
(d) any amounts of a prescribed kind;
(e) any amounts of a kind determined by the Owners Corporation.
43. Payments from maintenance fund
Subject to any conditions specified in the regulations and an ordinary resolution at a general meeting of the Owners
Corporation, money may be paid out of the maintenance fund at any time in accordance with the approved
maintenance plan.

Present state of repair of items -The present state of repair of an item is considered when determining its
remaining life, however it is not the only consideration. Many items degrade in a non-uniform fashion, wearing more
rapidly towards the end of their life, so items which appear to be in a good state of repair may be substantially
through their lifespan. As such, we draw upon industry experience and information regarding expected lifespans of
items when estimating replacement schedules, but modify our estimates based upon our visual inspection. From
our report, for individual items scheduled for replacement, the following guidelines are used:

Proportion of Expected Lifespan Remaining Present State of Repair

Greater than two-thirds As-new or Good
Greater than one-third Fair
Less than one-third Showing signs of wear and tear
Requires immediate replacement Poor

© Solutions in Engineering | Ph 1300 136 036 Section 2 Page 14

3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

For example, an item is scheduled for replacement in five years, and has a ten year expected lifespan. This means
that the item is half-way through its lifespan, and is considered to be in fair condition. If the item appeared to be in
good condition, its replacement schedule may be lengthened beyond its expected lifespan.

Items which are highly durable in nature and currently in a good state of repair have an indefinite expected lifespan,
but will require ongoing maintenance and/or repairs payable from the Maintenance Fund to maintain this state of
repair. These items have been assigned Ongoing Maintenance/Repair Programs, which are an allowance for funds
to accrue over time to cover the cost of maintenance and/or repairs, and there is no necessary correlation between
the timeframes used and the present state of repair of the item.

Figures used and updates - The figures used in the forecast are typical for this type of building and normal usage.
The Owners Corporation has some discretion in the timing of most maintenance items. The purpose of this forecast
is to ensure monies are available when required to cover foreseeable expenses.

Contingency - A contingency has been allowed for any unforeseen expenses. Please refer to the second page of
the report.

Interest, Taxation and Inflation - The standard interest rate used by Solutions in Engineering is based on the
Reserve Bank of Australia’s (RBA) historical series for Cash Management and Online Savings Account interest
rates for the past previous fifteen years. The company tax rate is applied to interest income unless Solutions in
Engineering is advised that the Owners Corporation is exempt from tax on external income. The standard inflation
rate used by Solutions in Engineering is based upon the entire RBA historical series for Construction,
Manufacturing and Property Services inflation, commencing March 1999. While historical figures are not an
accurate predictor of specific future outcomes, over the life of this report (fifteen years), interest rates and inflation
should approach long-term averages. Changes in economic conditions may affect the accuracy of these figures.
This report should be updated at regular intervals to ensure that any such changes are taken into account.

Administration Budget - Items of a recurrent nature that are covered by the administration budget such as
maintenance contract for lifts, fire protection equipment, air conditioners, cleaning and gardening are not included.
Neither are items of a minor recurrent nature with varying life spans such as light bulbs and exit light battery packs.

Frequency of Levy Payments - The Maintenance Fund Levies recommended in this report are shown as annual
and quarterly contributions. If contributions are made on a different frequency, such as half yearly, the annual levy
should be divided between the payment periods set by the Owners Corporation so that, in any given year, the total
contribution by the Owners equals the total annual levy recommended in this report.

Safety - The inspection does not cover safety issues.

Lifts - Due to the many types of lift contracts covering varying parts and aspects of lift maintenance, no allowance
is made unless instructed by the Owners Corporation Committee/Representative.

Fire Maintenance – We have assumed that the Fire Maintenance Contractor has covered the Fire Maintenance
Items; no allowance is made unless instructed by the Owners Corporation Committee/Representative.

Items with Indefinite Lives - There is no allowance for replacement of items that, if properly maintained, should
last indefinitely, (unless otherwise requested by the Owners Corporation); for example: sanitary fittings and lift
carriage interiors. This forecast deals only with estimating the timing of physical obsolescence.

Improvements - The Owners Corporation may resolve to undertake improvements not related to normal
maintenance. No allowance has been made for these items.

Defects - No allowance has been made for correction of defects resulting from faulty construction except where
nominated in the report. This report summarises only defects observed during our inspection and is not a structural
report.

Ongoing Maintenance Programs - The lives of some items can vary considerably, especially with issues such as:

Usage -
Accidental damage to floor tiles, which may or may not be still available or in stock.
Fences can be maintained and replaced gradually or all at once.
Metal and Aluminium Balustrades can last anywhere between 10 and 50 years, depending on the original quality,
coatings (painting) and maintenance.
Concrete driveways that have been cracked but are still perfectly sound and serviceable.

© Solutions in Engineering | Ph 1300 136 036 Section 2 Page 15

3 May 2017 Stanhope Apartments / Plan of Subdivision OC537794N Reference No.: 1853584

Pumps and Fans can last indefinitely or wear out relatively quickly. This often depends on the quality of internal
construction and finish.

The lives of some items overall may have been extended indefinitely due to the use of an ongoing maintenance
program. When there is any doubt in our minds about how and when an item may need replacement or
maintenance, we give control to the owners and the Owners Corporation. With allowances for ongoing
maintenance programs, allow funds to be available for maintenance, gradual replacement or in some cases
accumulation of funds for total replacement in the long term future.

Updates - The forecast is made with the best available data at this time. The forecast should be upgraded at
regular intervals.

Supply terms and conditions - All services provided by Solutions in Engineering are supplied on the basis of
Supply Terms and Conditions which are available from our Office and from our website
www.solutionsinengineering.com

Please read the information and the notes on the Inspector’s report to gain the most from this report.

© Solutions in Engineering | Ph 1300 136 036 Section 2 Page 16

EXTERNAL WALL MATERIAL IDENTIFICATION REPORT

Prepared for:

ACE Body Corp - Camberwell – Efi Condovrakis

1300 653 478
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Inspection address: 1245 Burke Rd, Kew

Building Class: 2,7
Storey(s) Above Ground: 4
Storey(s) Below Ground: 0
OCSP: 537794N
Date of report: 9th Jun 2022
Report ID: 512077
Inspected by: Frank Jones

An investigation has been carried out to determine the materials used in external construction. The results are listed accordingly
in this report, quantities are estimates. This report makes no recommendations or comments on the location of combustible
materials.

The inspection was carried out during daylight hours from a publically accessible vantage point and was a non-invasive
inspection. No specific testing was performed, as the inspection was visual in nature only.

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Summary of Inspection
Items listed below have been investigated as part of this report.

Section 2. Cladding
1.1 Wall Materials

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Identification and Percentage of Cover of Wall Materials

Below is a summary of the wall materials found on site. A detailed description, including photos, is included in
'Section 2. Cladding' which will include a reference to additional documentation that may have been available.

In the event where a wall material cannot be clearly identified, an invasive inspection will need to be arranged to
take samples to confirm the wall material.

Where a wall material may contain Fire Rated properties, testing will be recommended to confirm the composition
of the wall material.

Type Percentage
Expanded Polystyrene (EPS) 35-40%
Exposed Face Brick 25-30%
Rendered Masonry Construction 5-10%
Concrete Panel 15-20%
Glazing 5-10%

The list of materials above and their estimated coverage, have been determined by visual inspection and a review
of any Architectural documents available.

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding
1.1. Wall Materials
No. Issue Photo No.

1.1.1 A visual inspection has determined that what we suspect is Expanded Polystyrene 1, 2, 3, 4, 5,
(EPS) has been used in the external wall materials of the building. 6, 7, 8, 9, 10,
11, 12, 13,
14, 15, 16,
17, 18, 19,
20, 21, 22,
23, 24

1.1.2 A visual inspection has determined that Exposed Face Brick has been used in the 25, 26, 27,
external wall materials of the building. 28, 29, 30, 31

1.1.3 A visual inspection has determined that Rendered Masonry Construction has been 32, 33, 34, 35
used in the external wall materials of the building.

1.1.4 A visual inspection has determined that Concrete Panels have been used in the 36, 37, 38
external wall materials of the building.

1.1.5 A visual inspection has determined that Glazing has been used in the external wall N/A
materials of the building.

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

PHOTOGRAPHS
Section 2. Cladding Section 2. Cladding
Photo 1 Photo 2
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 3 Photo 4
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 5 Photo 6
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 7 Photo 8
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 9 Photo 10
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 11 Photo 12
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 13 Photo 14
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 15 Photo 16
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 17 Photo 18
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 19 Photo 20
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 21 Photo 22
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 23 Photo 24
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 25 Photo 26
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 27 Photo 28
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 29 Photo 30
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 31 Photo 32
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 33 Photo 34
Download Photo Download Photo

Section 2. Cladding Section 2. Cladding

Photo 35 Photo 36
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 E39/174
Australian Essential 1245 Burke Rd, Kew
Services Group OCSP: 537794N

Section 2. Cladding Section 2. Cladding

Photo 37 Photo 38
Download Photo Download Photo

AUSTRALIAN ESSENTIAL SERVICES GROUP ABN 15 096 873 004

Suite 2, 120 Upper Heidelberg Road, Ivanhoe, VIC 3079 | PO Box 288, Ivanhoe, VIC 3079 | T 1300 336 339 T 03 9499 6504 | info@aesg.com.au
 Building Defects Report

CLIENT: OCP NO. 537794N

C/- Ace Body Corporate Management (Camberwell)

PROPERTY: ‘Stanhope Apartments’ - 1245 Burke Road, Kew

OUR REFERENCE NUMBER: 21550

25 October, 2013

Buildcheck
Engineering & Building Consultants
273 Waverley Road, East Malvern Vic 3145
T: (03) 9563 6246 E: reception@buildcheck.com.au W: www.buildcheck.com.au
ABN: 73 800 311 025
 CONTENTS

Introduction Page 1
Preamble Page 2
Summary Page 2
Defects
1. Roofs Page 3
2. Basement Carpark External Walls Page 7
3. Common Entry Path Leaks into Basement Carpark Page 9
4. Lift Flooding (Buildings A & B) Page 11
5. Unit 3 Defects Report Page 12
6. Balcony Surface Water Discharge Page 12

Appendix A – Photographs
Appendix B – Roof Repair Schedule & Scope of Works – Ref 21361
Appendix C – Unit 3 Defects Report – Ref 20707
Appendix D – Conditions of Engagement
Introduction

Property

Location: "Stanhope Apartments", 1245 Burke Road, Kew

Description: Multi-unit residential development

Report Request

A report was requested by Ms Efi Condovrakis of Ace Body Corporate Management (Camberwell) for
and on behalf of the Owners Corporation. This report has been prepared for use by the Owners
Corporation to assist in identifying defects for repair by the Owners Corporation.

Inspection

Date: 16th January 2013, 6th August 2013 and 14th October, 2013
Purpose: To inspect and report on any building defects at the property
By: Mr Sean Convey

Prepared by: __________________

Mr Sean Convey
DipBuildConst (Building Inspection)

Reviewed by: _____________________ Date 25 / 10 / 2013

Mr Terry O'Donoghue
BEng, MIE (Aust), MAIBS
 2
Report 21550 1245 Burke Road, Kew 25/10/13

Preamble

Buildcheck has been engaged by the Owners’ Corporation Manager on behalf of the Owners
Corporation to inspect the following common areas of the property.

Summary

There are several significant defects in the construction including:

1. Roof defects are listed in the Scope of Works - Roof Repairs - Ref 21361 (Attachment A).

2. Remedial membrane and building works are required to alleviate water entry to carpark walls.

3. Remedial membrane replacement is required to the central entry paths and planter boxes, both
common and private property, above the basement carpark to alleviate water entry through the
carpark ceiling.

We recommend the planter boxes be completed first, followed by assessment of the extent of
entry path replacement.

4. Water leakage into lift pits of buildings A & B is currently being managed by sump pumps,
however the source of water entry requires further investigation.

5. There are various points of water entry to Unit 3. A Scope of Works is being prepared so that
comparable quotations can be obtained for repair.

6. The existing balcony drainage is causing staining of the exterior of the building and can contribute
to water entry of upstand walls. All cored discharge points should be sleeved to prevent
structural damage and staining.
 3
Report 21550 1245 Burke Road, Kew 25/10/13

Defects

1. Roofs

Roof Building A – South West Block

Observations: A roof hatch is situated in the top floor stairwell above the landing.

Drainage of the concrete roof is via two PVC penetrations through the upstand
wall (see photograph 1).

Roof drainage from the metal roof above the stairwell roof has been diverted
through an unsealed penetration.

Water is ponding on the concrete roof (see photograph 2).

A mature tree is present in the garden area adjacent to the roof line (see
photograph 3).

Air conditioning condenser pipes and electrical cables penetrate the wall and are
unflashed (see photograph 4).

Roof Building B – North West Block

Observations: The rainhead situated on the west wall of the building has overflow provision (see
photograph 5).

The roof drainage point is set at approximately 14mm above the finished floor
level (see photograph 6).

Water ponding is evident around the hatch (see photograph 6).

Roof drainage from the metal roof above the stairwell roof has been diverted
through an unsealed penetration.

A mature tree is in close proximity to the concrete stairwell roof.

 4
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

1. Roofs (Cont’d)

Roof Building E – North East Block

Observations: The concrete roof has a 40mm drain hole (see photograph 7).

A pipe drain penetration is poorly sealed and extends into the eaves gutter (see
photograph 8).

Roof Building C – South East Block

Observations: The concrete roof drain pipe extends into the external eaves gutter (see
photograph 9).

A gutter is present above the concrete roof collecting water from the sheet metal
roof (see photograph 10).

A gap is present between the rear of the gutter and adjoining flashing (see
photograph 11).

Roof drainage from the metal roof above the stairwell roof has been diverted
through an unsealed penetration
 5
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

1. Roofs (Cont’d)

Opinion: There are serious deficiencies in the roof drainage to the concrete stairwell roofs
of all five buildings. Some urgent emergency work has been completed with the
balance of work required listed in Attachment B - Roof Repair Schedule.

The drainage pipes provided are under sized for the square meterage of roof area
to be drained, given that the sheet roof surface run-off also drains onto the
stairwell concrete roofs. The height and position of existing drain pipes are ad
hoc and not consistent with catching all surface run-off from the concrete roof
surface.

The discharge of drain pipes from concrete roofs into eaves guttering is not good
plumbing practice and results in overflowing of the system. The existing drainage
outlets to the concrete roofs are under sized.

The height of the upturn to all four concrete access hatches is inadequate to
prevent water entry to stairwells, particularly following periods of heavy downpour.

The presence of builder's debris on roof surfaces, leaf litter and silt in gutters
reduces the efficiency and ability of stormwater to be removed from roof surfaces.

There is no designated roof fall arrest system and therefore access to metal roofs
is restricted unless a temporary means of fall arrest is installed. This may include
temporary roof anchors and perimeter handrails. Metal roofs do require regular
inspection and localised maintenance, and the lack of fall restraints on roof
surfaces leads to non-compliance of occupational health and safety regulations.
 6
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

1. Roofs (Cont’d)

Rectification: The following rectification work is required:

 Undertake remedial repairs as recommended in attached Roof Repair

Scope of Works.

 Supply and install roof fall arrest anchor points to all roof surfaces.

 Undertake remedial cleaning of all roofing and guttering components

following installation of fall arrest system.

 Monitor and prune trees overhanging roof line.

 7
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

2. Basement Carpark External Walls

Observations: Water entry is evident to the south elevation carpark wall below the ventilation
ductwork (see photograph 12).

An open fenced shaft is present, adjacent to the front entry stairs (see
photograph 13).

A blocked or obstructed drain pipe is present at the bottom of the shaft (see
photograph 14).

Efflorescence and water staining is evident to the west elevation blockwork wall
below the substation (see photograph 15).

Efflorescence and water staining is evident to the north elevation blockwork wall
adjacent to the pedestrian exit (see photograph 16).

Efflorescence and water staining is evident to the north elevation blockwork wall
adjacent to the air intake of the carpark (see photograph 17).

The ground outside the air intake is level with the bottom of the opening (see
photograph 18),

Opinion: It is most likely that no waterproof barrier was installed behind the walls at the
time of construction. The basement has not been constructed as a wet basement
as there are no spoon drains around the perimeter and no weep holes to control
and allow water entry.

The elevated garden bed to the north elevation air intake could contribute to
some water entry, but is not the primary cause.

A balcony of lot 24 is above the exit door and may be contributing to some water
entry of the garage.
 8
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

2. Basement Carpark External Walls (Cont’d)

Rectification: The following rectification work is required:

 Consider installing a roof over exhaust duct to south elevation.

 Consider installing bunds to contain water seepage from walls.

 Eliminate balcony of lot 24 as cause of water entry to north wall.

 Lower north garden level to reduce water entry from surface run-off.

 Allow for future membrane works to paved surfaces above garage.

 9
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

3. Common Entry Path Leaks Into Basement Carpark

Observations: A central pedestrian path extends north-south between all entrances of buildings
A to E. The path has an exposed aggregate screed finish (see photograph 19).

Cracking and efflorescence is evident to the aggregate screed throughout the

complex (see photograph 20).

The floor surface water collection grates are 85mm stainless steel (see
photograph 21).

There is no evidence of membrane downturn into drainage pipework (see

photograph 22).

There are numerous planter boxes throughout the complex above the basement
carpark (see photograph 23).

There is no evidence of a membrane application to the interior of planter boxes

inspected (see photograph 24).

There are extensive areas of tiled courtyards within private lots adjoining the
central path (see photograph 25).

There are numerous penetrations through the basement ceiling for provision of
services (see photograph 26).

There are numerous signs of water entry to the basement carpark particularly
around pipe penetrations where collection trays have been installed (see
photograph 27).

Some penetrations continue to leak following rainfall (see photograph 28).

 10
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

3. Common Entry Path Leaks Into Basement Carpark (Cont’d)

Opinion: The waterproof membrane that was required to be installed by the builder at the
time of construction has failed or not been installed.

The planter boxes do not appear to have membrane installed.

The leaks in the basement ceiling are via penetrations for drainage and water
supply pipes. There are also leaks through cracks in concrete structures.

The provision of collection trays is not an acceptable long term solution. Water
penetration will cause damage to the structure as the moisture penetrates past
the reinforcing steel.

The source of the water must be identified and treated from above by exposing
the structural slab and applying quality membrane product in accordance with
Australian Standard 4654 - 2009 Waterproof Membrane Systems for Exterior Use
Above Ground Level.

Rectification: The following rectification work is required:

 Remove plant and soil from all planter boxes and install a long life torch on
membrane system.

 Remove all aggregate screed paths, expose structural slab and apply a
waterproof membrane system compliant with AS 4654 - 2009.

 Reinstate exposed aggregate path finish.

 11
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

4. Lift Pit Flooding (Buildings A & B)

Observations: Water penetration has occurred to the lift pits in the basement below buildings
A & B west elevation (see photograph 29).

The installation of sump pumps is managing the situation.

The lift pits are situated approximately 3 metres from the west boundary external
wall and there is an exit stair between the pit and the outside of the building.
The stairways appeared dry when inspected following rainfall (see photograph
30).

Opinion: The presence of water in the lift pits is an unacceptable risk to occupants and lift
service contractors.

Rectification: Undertake further investigation as to the source of the water and continue to
maintain sump pump operation.
 12
Report 21550 1245 Burke Road, Kew 25/10/13

Defects (Cont’d)

5. Unit 3 Defects Report

Observations: A defects report was prepared in early September 2013 which raised concerns
about surface run-off of water from adjoining Unit 2, and defective bedroom
window installation.

A full copy of the report has been included in Appendix C attached to this report.

Opinion: There are several building defects contributing to water entry of Unit 3.

Rectification: A Scope of Works is currently being prepared for this unit.

6. Balcony Surface Water Discharge

Observations: Core holes have been installed through upstand walls following construction.

The holes are through wire cut bricks which are not solid (see photograph 31).

Opinion: The placement of core holes can allow lateral seepage of moisture within the
structure. Their placement has resulted in staining of the exterior of the building
and can cause nuisance, with residents watering plants in hot weather.

Rectification: The drainage hole should be sleeved and extend 150mm out from the building.
This item has been included in our Scope of Works currently being prepared for
Unit 3, as noted above.
APPENDIX A

Photographs

1245 Burke Road, Kew

Photo 1 Photo 2

Photo 3 Photo 4

Photo 5 Photo 6

21550
Photo 7 Photo 8

Photo 9 Photo 10

Photo 11 Photo 12

21550
Photo 13 Photo 14

Photo 15 Photo 16

Photo 17 Photo 18

21550
Photo 19 Photo 20

Photo 21 Photo 22

Photo 23 Photo 24

21550
Photo 25 Photo 26

Photo 27 Photo 28

Photo 29 Photo 30

21550
 Photo 31

21550
APPENDIX B

Scope of Works - Ref 21361

and
Roof Repair Schedule

1245 Burke Road, Kew

 Scope of Works
Roof Repairs

OCP No. 537794N – 1245 Burke Road, Kew

18 August, 2013 – Job No. 21361

By: Sean Convey – 0412 969 421

273 Waverley Road, East Malvern Vic 3145

ph: (03) 9563 6246 fax: (03) 9563 5383
e: reception@buildcheck.com.au
Contents
1. Introduction
1.1 Objective of Works
1.2 Description of Works
1.3 Basis of Works
1.4 Extent of Works
1.5 Scheduling
1.6 General Inclusions and Exclusions

2. Contracts and Warranty

2.1 Works Contract
2.2 Insurance and Warranty
2.3 Permits
2.4 Certificates

3. Site Management
3.1 OH&S
3.2 Site Cleaning
3.3 Amenities
3.4 Precautions
3.5 Occupant Access
3.6 Project Contacts

4. Work Specifications
4.1 Site Preparation
4.2 Downpipe Penetrations
4.3 Air-Conditioning Penetration
4.4 Overflow Provision
4.5 Drainage Outlet Alterations
4.6 Floor and Wall Membranes
4.7 Gutter Repairs
4.8 Reinstatement

Attachments
Sketch 1 (site plan)
Photos 1-8 – Roof Defects
Schedule of Roof Defects
PAGE 2 1245 BURKE ROAD, KEW 21361

1. Introduction

1.1 Objective of Works

The objective of this Scope is to supply and install materials for repair and refurbishment of roofs, as per
defects schedule for roofs A, B, C, D & E as per site plan.

1.2 Description of Works

The Scope includes, but is not limited to, the provision of supervision, labour, materials, transport, equipment
and permits necessary to carry out the following specified works:

1. Prepare the work area to enable works to be safely carried out.

2. Supply and installation of labour and materials to undertake roof rectification works, items listed on
schedule for each roof.

1.3 Basis of Works

This Scope has been based on visual inspection by Buildcheck.

Works carried out by the Contractor will be warranted as per Section 2.2.

1.4 Extent of Works

 Works to be carried out on all roofs at the property.

 Sketch 1 (site plan)
 Photographs of Roofs items 1-8

1.5 Scheduling

The successful Contractor must supply a timetable of works for approval by the Supervising Engineer or
Owners Corporation prior to signing Contracts. The timetable will be included in the Contract.

The Contractors must provide all residents 14 days’ notice before works commence in a format as required
by the Owners Corporation Manager.
PAGE 3 1245 BURKE ROAD, KEW 21361

1. Introduction (Cont’d)

1.6 General Inclusions and Exclusions

The Scope includes all works described plus any other reasonably expected works required to complete the
stated Objective in item 1.1.

The Contractor should ensure himself that this Scope will achieve the desired Objective. If the Contractor
believes additional or alternate works are required to achieve the desired Objective, the matter must be
discussed with the Supervising Engineer for resolution.

The following works are excluded from this scope:

1. Work within private Units

All works are to be carried out to the Specifications and Sketch provided within this Scope as listed in Section
4 and to product supplier’s/manufacturer’s specifications and requirements. Any contradictions between the
specifications provided within and supplier’s/manufacturer’s specifications must be referred to the
Supervising Engineer for clarification before proceeding with works.

All works performed must:

 Be completed in a tradesman-like manner

 Comply with the Building Code of Australia
 Comply with the Building Act (Vic) 1993
 Comply with the Building Regulations (Vic) 2006
 Comply with the Domestics Building Contracts Act (Vic) 1995 (domestic work only)
 Comply with the OH&S Act (Vic) 2006
 Comply with all relevant Australian Standards. Refer Section 4.
PAGE 4 1245 BURKE ROAD, KEW 21361

2. Contracts and Warranty

2.1 Works Contract

The Contractor will be required enter into a Commercial Contract.

2.2 Insurance and Warranty

The Contractor will provide warranties as follows:

 Structural Elements Contractor Warranty 10 years (Including waterproofing)

 Non-Structural Contractor Warranty As per Building Commission’s
"Guide To Standards & Tolerances”
 Products Supplier’s Warranty

2.3 Permits

All required Council permits must be provided by the Contractor, eg. traffic management, pedestrian path
closures, asset management and protection, etc.

A Building Permit is not required for these works.

Town Planning Permits are not required.

2.4 Certificates

The Contractor is to provide the following certificates where applicable:

 Certificate of Compliance (Plumbing)

PAGE 5 1245 BURKE ROAD, KEW 21361

3. Site Management

3.1 OH&S

Successful Contractor to complete a Job Safety Analysis and Safe Works Method Statement for all high
risk activities identified prior to commencement and retain on site for their records and inspection.

All Contractors and Sub-Contractors to ensure they are fully informed of the requirements of the relevant
codes and regulations.

3.2 Site Cleaning

The site is to be regularly cleaned and left in a safe condition at the end of each day’s work.
Site to be cleaned and left tidy with all debris removed at the completion of works.

3.3 Amenities

The Contractor shall familiarise himself with the site and make all provisions for access including provision of
site amenities (toilets, changing, messing etc.) at his cost if not available on site.

3.4 Precautions

Work to be carried out in fine conditions with protection provided in case of inclement weather.
Ensure all adjoining surfaces, items etc. are protected from damage.

3.5 Occupant Access

Occupant access to units must be maintained at all times

Access to the immediate work areas to be restricted to Contractors and Engineers

3.6 Project Contacts

Buildcheck Engineering, Mr Sean Convey, ph: (03) 9563 6246 – 0412 969 421
Owners Corporation Manager, Ms Efi Condovrakis, Ace Body Corporate Management (Camberwell) –
ph: 1300 653 478.
PAGE 6 1245 BURKE ROAD, KEW 21361

4. Work Specifications

The Work Specifications are to be read in conjunction with the following attached sketch and product
specifications:

1. Sketch 1 (site plan)

2. Photographs of roof defects 1 - 8
3. Roof Defects Schedule

The Work Specification must be carried out to all relevant standards including:

2. AS 1627.1:1989: Metal Finishing – Preparation and Pre-Treatment of Surfaces. Part 1

3. AS 3500.1 and .2 -2003: Plumbing and Drainage
4. AS 3500.3 -2003: Stormwater
5. AS 1562.1: Design and Installation of Sheet (Metal) Roof and Wall Cladding

4.1 Site Preparation

Provide suitable barriers around all work areas to ensure public safety and protection of property.

Remove, isolate, disconnect all services, pipes, drains, fences and any other items required to carry out the
specified works.

Provide temporary services as required to carry out the required works.

4.2 Downpipe Penetration

Supply and install foam backing to PVC pipe.

Prime concrete repair areas with Nitobond HAR primer.
Rebuild areas with Renderoc HB or equivalent
Finish coated areas with Renderoc FC to match texture of adjoining surfaces.
Seal around PVC pipe with Parchem Emerseal 25, colour to match existing.

4.3 Air-Conditioning Penetration

Supply and install Colorbond flashing above penetration and seal with quality sealant.
PAGE 7 1245 BURKE ROAD, KEW 21361

4. Work Specifications (Cont’d)

4.4 Overflow Provision

Confirm location of overflows.

Provide opening in wall to take 100mm round at a level 10mm above the finished floor level.
Extend openings through external wall where applicable.
Seal PVC overflow with silicon.

4.5 Drainage Outlet Alterations

Confirm location of drainage outlet into existing rainheads.

Provide opening in wall to take 100mm round at finished floor level.
Extend openings through external wall to rainhead.
Seal PVC drainage outlet with silicon.

4.6 Floor and Wall Membranes

Treat and repair areas with Nitobond Ar/Har.

Re-build areas with Renderoc HB.
Finish coat areas with Renderoc FC to smooth and true line to match adjoining surfaces.
Re-fall stairwell roofs to shed water with Renderoc FC directly to new drainage outlet.
Coat all rendered walls and floors with Emerclad waterproofing membrane to final film build of 0.35mm DF.

4.7 Gutter Repairs

Building B – Re-fall existing gutter to alleviate ponding.

Building C – Clean and caulk existing joint between gutter and flashing with quality sealant.

4.8 Reinstatement

This Specification applies only to areas affected by the works.

Reinstate all removed, altered or damaged fences, services, equipment, drains, surfaces and any other item
affected by the works.
 QUOTATION FORM

FOR: ROOF REPAIRS

PROPERTY: OCP NO. 537794N - 1245 BURKE ROAD, KEW

DESCRIPTION: MULTI-UNIT RESIDENTIAL DEVELOPMENT

SCOPE: AS PER THE ATTACHED SPECIFICATION

REFERENCE: 21361
______________________________________________________________________________________

CLOSING DATE FOR ACCEPTANCE OF QUOTATIONS -

(IF DUE DATE CANNOT BE MET, PLEASE ADVISE THIS OFFICE OTHERWISE LATE QUOTATIONS
WILL NOT BE CONSIDERED)

PRICE: ROOF A $
ROOF B $
ROOF C $
ROOF D $
ROOF E $
______________

TOTAL $

(ALL PRICES TO INCLUDE GST)

____________________________________________________________________________________

CONTRACTOR:

ADDRESS:

TELEPHONE:

____________________________________________________________________________________
FINAL PAYMENT: Upon satisfactory completion of all work

PUBLIC LIABILITY: Contractor to provide evidence of $20 million public liability cover

ALL QUOTATIONS TO BE FORWARDED TO BUILDCHECK, 273 WAVERLEY ROAD, EAST MALVERN

3145 OR EMAILED TO reception@buildcheck.com.au BY THE DUE DATE.

ALL INVOICES TO BE FORWARDED TO OCP NO. 537794N

C/- ACE BODY CORPORATE MANAGEMENT (CAMBERWELL), PO BOX 498, CAMBERWELL. 3124
 273 Waverley Road
East Malvern, Victoria 3145

Buildcheck Ph
Fx
(03) 9563 6246
(03) 9563 5383
reception@buildcheck.com.au
abn 73 800 311 025
Engineering & Building Consultants

Address : 1245 Burke Road, Kew Date : 23rd July 2013 Job : 20707

Site Plan

BUILDING B BUILDING E

BUILDING D

BUILDING A

BUILDING C

Scope of works—Roof Repairs

To stairwell roofs x 5. Accessed from roof hatch in top floor stairwell
Sketch 1
Photo 1 - Gutter/flashing joint Photo 2 - Typical down pipe penetration repair

Photo 3 - Typical A/C penetrations Photo 4 - Typical floor waste undersized

Photo 5 - Place for overflow provision Photo 6 - Typical rooftop for membrane and refall
flow

21361
Photo 7 - Typical floor waste outlet Photo 8 - Gutter holding water

21361
APPENDIX C

Unit 3 Defect Report – Ref 20707

1245 Burke Road, Kew

Introduction

Property

Location: "Stanhope Apartments", 1245 Burke Road, Camberwell

Description: Multi-unit residential development

Report Request

A report was requested by Ms Efi Condovrakis of Ace Body Corporate Management (Camberwell)

Inspection

Date: 16 January, 2013

Purpose: To inspect and report on any building defects to Unit 3 at the property
Prepared by: Mr Sean Convey

Signature: __________________ Date 4/09/2013

Mr Sean Convey
DipBuildConst (Building Inspection)
APPENDIX D

Conditions of Engagement

1245 Burke Road, Kew

 CONDITIONS OF ENGAGEMENT

1. This report is provided solely for the use of the client named on the face of this report, and no
responsibility to other persons is accepted.

2. This report describes the condition of the property at the time of inspection, detailing visible defects
within the scope of the client brief.

3. This report does not include:

(a) defects in inaccessible parts of the property

(b) defects not apparent on visual inspection
(c) defects apparent only in different weather or environmental conditions

4. No special investigation of insect attack (e.g. borer, termite etc.) or soil contamination has been
made, and any reference to this has been based on a casual visual inspection.

5. Unless otherwise specified:

(a) no soil, etc. has been excavated

(b) no plants or trees have been removed
(c) no fixtures, fittings, cladding or lining materials have been removed
(d) no items of furniture or chattels have been moved
(e) no inquiries to Councils or other Authorities or persons have been made

for the purposes of inspecting the property and providing this report.
 Boroondara
BUILDING ACT 1993 c " 0/
H‘rm

BUILDING REGULATIONS 2018

Regulation 180

AMENDED BUILDING NOTICE

Our Ref: BldE23/04371

This building notice is served under section 106 of the Building Act 1993.

TO:

THE
OWNERS: Owners Corporation 1 Plan Number PS537794N

AND TO: Each owner of a lot or lots forming part of the land and building
at:
1245 Burke Road, Kew

CC: Ace Body Corporate Management - Camberwell

Po Box 498
CAMBERWELL VIC 3124

FROM:

1. I am the municipal building surveyor of the City of Boroondara. I am authorised to

cause a building notice to be served on you, as owner of the building to which this
notice applies, under Division 2 of Part 8 of the Building Act 1993.

Location of the building to which this notice applies: 1245 Burke Road KEW VIC 3101

INSPECTION DETAILS:

2. The date and time of any inspection of the building carried out by myself, as the
municipal building surveyor, was:

Time of inspection: 12:30pm

Date of inspection: 22 February 2023

REASON(S) WHY THIS NOTICE WAS SERVED:

3. In accordance with section 106 of the Building Act 1993, I am of the opinion that
the following circumstance exists:

Camberwell Office Email Telephone

8 Inglesby Road, Camberwell VIC boroondara® boroondara.vic.gov.au 9278 4444

Postal Address Website Facsimile

Private Bag 1 Camberwell VIC 3124 www.boroondara.vlc.gov.au 9278 4466
 A
Boroondara
City of Ha rmo

3.1. Building work carried out in contravention of a building permit;

3.1.1. Building work has been carried out on the building in contravention of a
building permit.

3.1.1.1. The particulars of the relevant building permit are:

Building permit no.: 1470/20070210/2
Date of issue of building permit: 4 August 2008
The building work that contravenes the building permit is:
Expanded polystyrene (EPS) has been used as external wall
cladding, which was not authorised to be used under this
building permit.
A copy of the relevant building permit (relevant extract) is attached to
this notice.

SHOW CAUSE PROCESS:

4. Under section 108 of the Building Act 1993, you are required to show cause within
30 days of the date of service of this notice—

4.1. Why you should not be required to carry out the following:

4.1.1. Engage an appropriately qualified professional to ascertain the specific

locations where EPS cladding exists on the building and provide a
report which details the locations.
4.1.2. Provide marked up plans and elevations which indicate the specific
locations where EPS cladding exists on the building.

Specified period for making representations:

By no later than 5pm, 18 April 2023.

Camberwell Office Email Telephone

8 Inglesby Road, Camberwell VIC boroondaraO’boroondara.vic.gov.au 9278 4444

Postal Address Website Facsimile

Private Bag 1 Camberwell VIC 3124 www.boroondara.vlc.gov.au 9278 4466
 Boroondara

Specified manner for making representations:

The manner for making representations in response to the matters contained in this
notice is via email; boroondara@boroondara.vic.qov.au, or by post to;
Private Bag 1 CAMBERWELL VIC 3124

BUILDING NOTICE SERVED BY:

Dated: 08 March 2023, AMENDED 20 March 2023 correcting building permit
reference at item 3.1.1.1 and correcting typographical error

Asanka Kodikara BS U17349

Municipal Building Surveyor

Camberwell Office Email Telephone

8 Inglesby Road, Camberwell VIC boroondara@boroondara.vic.gov.au 9278 4444

Postal Address Website Facsimile

Private Bag 1 Camberwell VIC 3124 www.boroondara.vlc.gov.au 9278 4466
r

PWJ Building Surveying Services

PO Box 1162, Darling, VIC, 3145 Ph 9813 8755 Fax 9813 8766

FORM 2
Building Regulations 2006 Regulation 313 Building Act 1993
BUILDING PERMIT No. 1470/20070210/2
VARIATION ONE (STAGE TWO) ISSUE DATE 4th August 2008
Variation One (Stage Two) - approved 04.08.2008
Changes to method of construction:
- Buildings C & D: Bondeck form to propped suspended 1st and 2nd floor slabs
- Building E: Concrete slab to 1st floor changed to timber construction with fire check under.

Issued to
Applicant Build Rite Building Pty Ltd
Postal address 340 Nepean Highway, FRANKSTON 3199 Telephone 0418 333 227

Ownership Details
Owner Java Court Pty Ltd Telephone 0422 805 164
Postal address PO Box 40, Hurstbridge, VIC Postcode 3099

Property details
Number 1245 Street/road Burke Road City/suburb/town KEW Postcode 3101
Lot/s 1 LP/PS 015412F Volume 10570 Folio 008
Parish Boroondarra County Burke Municipal District Boroondara City Council

Builder
Name Build Rite Building Pty Ltd Telephone 0418 333 227
Address 340 Nepean Highway, FRANKSTON Postcode 3199

Details of building practitioners and architects

a) to be engaged in the building work__________
Type Reg num [Contact Name [Company
Builder CBU-3666 I Bob Walpole (Build Rite Building Pty Ltd

b) who were engaged to pre pare documents forming part of the application for this permit
Type__________________ Reg num Contact Name Company
Engineer EC-1272 Steve Christopoulos JSC Consulting Engineers Pty Ltd
Architect C-3226 Koos de Keljzer dKO Architecture Pty ltd

Details of domestic building work insurance

The issuer or provider of the required insurance policy is QBE Insurance R165237 2210212007

Details of relevant planning permit

Planning permit no. PP04/00461 Date of grant of planning permit. 24/08/2005

Nature of building work

Construction of 46 apartments with basement car parking

Stage of building work permitted Two - Engineering design and architectural drawings reflecting structural
framework and layout plans the all upper floor levels to each building block

Cost of building work $2,000,000 Total floor area of new building work 2275m2

fe1011WT
PWJ Building Surveying Services
PO Box 1162, Darling, VIC, 3145 Ph 9613 8755 Fax 9813 8766

Building classification
Building of 2 or more sole occupancy units (BCA Class 2) with public car-park (BCA class 7a)

Occupation or Use of building: Not applicable for Stage Two

Commencement and completion:

This building work must commence by: 05/11/2007
This building work must be completed by: 24/05/2009

inspection requirements
The mandatory notification stages are: Completion of framework to each building block
Final upon completion of all building work

Relevant Building Surveyor

Name: Paul Gibcus Registration No. BS1470 Signature:
 WALL LEGEND
© Eittrail tufliBl imauatibulk
Render finish lo SO an OT [CO SERIES Well panel.
Faced is kalians on 90 net fitter sluts at (SO me max centres.

© htotmnty Huiari jtili-

90 ra limber thud 0 WOm nix centres.

12 m nln r»*ftj bf hmn raasenry and traaing (eo comedian)
11 G an Gyprock plasterboard CD fixed In studs.
95 am * Canfarlseal *R 2.0 inauloHon baths.
(CSfl Sysla* NO 780).
Is 10 eei plasterboard internal I ring
R IS thermal emulation batti.
yfrtinHLxflU-Biiidtafl
Render finish Is Bloclrwork/ Brickwork.

© Eiftrnt) mlLBfJiRitiKtf

Selected face brickwork. 10 tvs cavity.

Two rows 90 no tlafcer stud 9 tOOen max centres,
90 atm tiebir studs at 4S0 in nax celres ,
nogghgs at 1350 «*i mn centres.
is 10 plasterboard htereal lining cavity Insulation
20 net gap between wall leaves! no connection between Uevesl R 15 Ihemal Insulatlen baits
2* T3 en Gyprodt Fyrechrt plasterboard both sides.
75 mat ' Comfortsaal "R IS Jnsulatwn belts.
[CSfl System NO 5751.

Selected face beickworh. LO en cavity,WOtim concrete hlockwork.ls

CD 90 m timber stud § MO*n mai centres,
lOen plasterboard internal lining

naggings at 1350 m mav ceolras.

2* 13 en Gypreck Fyrechik plasterboard both sides. tatirniLaMI jdialberboarj:
7S rnn * Comforteeal ' R IS Insulation batts.
(CSR System N9 375). Weetherboord cladding.
90 an studs0LSO cc.
^j^tntermi Partition y;K. IxIOme plasterboard internal linong.
R15 thermal i«ixl alios belts.

90 nt timber stud 0 tSOne max centres. NOTE: Plunbha Stubs:

Hoggings at mid spaa
be 10 net plasterboard beth sides.
• Acoustic lag pipe work- c.S kg/is* moes looded Un>)
attached to 25 mm thick ocouetlc foam (eg. Pyrotek 4525
C or Acoustlog 45)
e Shud sroll to hobltable room - 2 loyers x 10 mm
90 en ttabar stud 0 ASCne max centres, ploeterboord, plus
negging* et mid a pan 75 mm thick ,14 kg/m1 glass wool laudation,
tx 10 isei Cyprock plasterboard one side e Stud wall lo non-hibitabli roca*. I kitchen, bethrooe h-1 layer x 10 mm
wet area wall lining plasterboard.
NOTE-

SSmoouar

I»6*69144/F9SA* OlM
gnJanratt#|bajccmfu

_______»(vk) Pty Ltd

Level a« 35! tamdilt Stmt
Uefboume Victoria jaoo AUS
T*4l 3 **>*>•• / F**» 39*709054
Laral v. aig mouittahi Strmt
Uttmo NSW 1007 AUS
T *4l 2 91IO 2144/F*4i 19*02*4

AM/flout ood 5*5

First floor Roof Plan

Asoa
 Ace Body Corporate Management – Building Façade
Material Investigation Report

Indicative Flammability Potential, Composition and

Preliminary Toxicity Screening of Exterior Cladding Systems

CETEC Project
P22080125
Reference:
Client Project
4204
Reference:
Engaged By: Efi Condovrakis
Company: Ace Body Corporate Management
Company Address: 737 Burwood Road, Hawthorn, VIC 3123
Site Address: 1245 Burke Road, Kew, VIC, 3101
Samples Collected By: James Boreham
Date Sampled: 7/10/2022
Version: 1.0

Prepared By: Prepared For:

CETEC Pty Ltd, Ace Body Corporate Management

Melbourne | Sydney | Brisbane | Perth | London | USA 737 Burwood Road, Hawthorn, VIC 3123
PROJECT: Building Façade Material System REPORT COMMISSIONED BY:
Investigation Report
Efi Condovrakis from
CETEC Pty Ltd Ace Body Corporate Management, 737 Burwood
2/27 Normanby Rd, Notting Hill VIC 3168 Road, Hawthorn, VIC 3123

CETEC REF: P22080125 CLIENT PO Ref: 4204 VERSION: 1.0

AMD DESCRIPTION INT REVIEWED DATE

Building façade system testing results for samples
DP/ PDS /
1.0 collected by James Boreham from 1245 Burke LAM 14/10/2022
VG
Road, Kew, VIC, 3101 on 7/10/2022.

Authors:

Lam Hoang
M.Eng., Consultant
Reviewers:

Dr Paulo Da Silva Dr. Vyt Garnys

PhD, BSc(Hons), MRACI PhD, BSc(Hons) AIMM, ARACI, ISIAQ, ACA, AIRAH, FMA
Principal Consultant - Dangerous Goods Managing Director and Principal Consultant
CONTENTS
1. INTRODUCTION .................................................................................................................................. 4
1.1. BACKGROUND ........................................................................................................................................ 4
1.2. SCOPE OF WORK .................................................................................................................................... 5
1.3. LIMITATIONS .......................................................................................................................................... 5
2. SAMPLING AND TESTING METHODOLOGY ............................................................................................ 5
2.1. SAMPLE COLLECTION .............................................................................................................................. 5
2.2. SAMPLE PREPARATION ........................................................................................................................... 7
2.3. CHEMICAL COMPOSITION BY ATR-FTIR ................................................................................................... 7
2.4. FUEL LOAD AND FILLER CONTENT BY DRY OXIDATIVE ASHING .................................................................... 7
2.5. VISUAL THERMAL STABILITY .................................................................................................................... 9
2.6. MICRO FLAMMABILITY ........................................................................................................................... 9
2.7. THERMAL ANALYSIS BY TGA-DSC ........................................................................................................... 9
2.8. X-RAY DIFFRACTION TEST ..................................................................................................................... 10
3. LABORATORY RESULTS ..................................................................................................................... 11
3.1. SPECTRAL ANALYSIS BY ATR-FTIR ........................................................................................................ 11
3.2. DRY OXIDATIVE ASHING TEST ............................................................................................................... 11
3.3. THERMAL STABILITY ............................................................................................................................. 12
3.4. MICRO-FLAMMABILITY ......................................................................................................................... 12
3.5. THERMAL ANALYSIS BY TGA-DSC ......................................................................................................... 13
3.6. X-RAY DIFFRACTION TEST ..................................................................................................................... 13
4. DISCUSSION OF RESULTS .................................................................................................................. 14
4.1. ATR-FTIR ........................................................................................................................................... 14
4.2. OXIDATIVE DRY-ASHING ....................................................................................................................... 15
4.3. VISUAL THERMAL STABILITY .................................................................................................................. 15
4.4. MICRO-FLAMMABILITY ......................................................................................................................... 15
4.5. DESKTOP REVIEW OF E XPECTED TOXIC GASES TO BE RELEASED IF EXPOSED TO FIRE ................................... 16
5. CONCLUSION ................................................................................................................................... 17
DISCLAIMER ............................................................................................................................................ 20
COPYRIGHT ............................................................................................................................................. 20
1. INTRODUCTION

1.1. BACKGROUND

Recent multi-level building fires in Australia and overseas have resulted in the Federal and State
governments inquiring into non-conforming and non-compliant building products, especially building
façades comprising of Aluminium Composite Panels (ACP). However, any other material which has
been used to form the building’s façade should also be assessed in a similar manner to determine if
the material is flammable and if so, determine its composition as per the requirements detailed by
the Insurance Council of Australia.

Insurers have invested in the expertise necessary to measure residual risk. Using this, the industry has
considered the challenges posed by non-conforming building façade systems, which will include
Aluminium Composite Panels (ACPs) or any other panel type material, beginning with the most
fundamental of issues: its identification. Critically, the evaluation of exposure for each building that
has combustible façades presents the need to conduct a case-by-case investigation by competent fire
protection professionals, including fire safety engineers, to evaluate the most critical exposures,
safety to life and code compliance.

The approach adopted by the Insurance Council of Australia1 (ICA) includes both the identification of
the material used and the installation methodology, which also includes the whole wall assembly. This
will enable assessment of the risks posed by use of materials, which may then trigger consideration
of remedial actions to lower a building’s residual risk to acceptable levels.

Reports commissioned by a building’s owner should address 10 critical questions through three steps,
these steps are;
• Step 1 – Identification of materials.
• Step 2 – Evaluating the exposure.
• Step 3 – Remedial actions for consideration.

Therefore, this report addresses the one of the requirements within Step 1, which is the identification
of the material used within the building’s façade system. Following from that, an appropriately trained
fire engineer, building surveyor or fire protection professional should utilise the data within this report
to address the remaining items within Step 1, Step 2 and Step 3 as detailed within the ICA’s website.

1 https://insurancecouncil.com.au/wp-
content/uploads/resources/ICA%20reports/2020/201117_ACPRHP_ICA_16092020.pdf
 1.2. SCOPE OF WORK

CETEC Pty Ltd was engaged by Efi Condovrakis from Ace Body Corporate Management to conduct
laboratory analysis of sample building façade system from 1245 Burke Road, Kew, VIC, 3101 to
determine the cladding’s composition and preliminary flammability potential, and in turn determine
its preliminary toxicity risk due to gaseous emission in the event of a fire. CETEC was provided an
External Wall Identification report prepared by Australian Essential Services Group (E39/174) by Efi
Condovrakis and based on the photographs contained within the report, the sampling was carried out
from the North West Building, common area.

The building façade system material was sampled by James Boreham from CETEC on 7/10/2022 and
subjected to laboratory analysis by Foray Laboratories, a company wholly owned by CETEC Pty Ltd. As
a summary the collected samples are recorded below in Table 1. During the sampling blue sarking
material was observed behind the core material but the sarking could not be sampled due to the
nature of how the sarking was affixed to the building frame.

1.3. LIMITATIONS

Laboratory results and discussions as detailed within this document should not be used in isolation
and are to be used by fire engineers to assist stakeholders, such as building owners, building
managers, and building insurers in provide advice relating to the building’s façade system flammability
potential, composition and toxicity. This document is not to be used as a substitute to regulatory
testing requirements or the AS 1530 series of standards as well as full-scale evaluation to the new
AS 5113 test for external wall as the methodology adopted by CETEC is only to determine material
composition and preliminary information on the materials only.

2. SAMPLING AND TESTING METHODOLOGY

2.1. SAMPLE C OLLECTION

Each sample was analysed by Foray Laboratories, a company wholly owned by CETEC Pty Ltd,
incorporating product descriptions as detailed below in Table 1. Once received, each sample was
registered into the Foray Laboratory sample registration system to conform to NATA ISO 17025
requirements. The Foray Laboratory sample number and description of each sample are given in Table
1.
Table 1: Description of Building Façade System Samples.

Sample Description / Laboratory Analysis Conducted

2 Panel
Sample ID Sample Type Location of Collected Appendix A
Colour
Sample3
ATR- Oxidative Micro- Thermal DSC- X-Ray
FTIR Dry Ashing flammability Stability TGA Diffraction
1245 Burke Road, Kew, VIC,
154524 EPS White ✓ ✓ ✓ ✓   Photo 2
3101
1245 Burke Road, Kew, VIC,
154524A Render (FCP) Grey   ✓ ✓   Photo 2
3101

2 ACP – Aluminium Composite Panel, SMP – Sheet Metal Panel, FCP – Fibre Cement Panel, EPS = Expanded Polystyrene
3 Samples analysed by Foray Laboratories as received.
 2.2. SAMPLE PREPARATION

The building façade material was cut into portions and each portion was subjected to scientific
analysis via the following laboratory methods;
• Attenuated Total Reflection Fourier Transform Infrared Spectroscopy (ATR-FTIR).
• Dry Ashing Testing.
• Thermal Stability.
• Micro-Flammability Tests.
• Thermal Analysis by TGA-DSC (where required).
• X-Ray Diffraction Test (where required).

2.3. CHEMICAL COMPOSITION BY ATR-FTIR

Attenuated Total Reflection (ATR) is a sampling technique used in conjunction with Infrared
Spectroscopy which enables samples to be examined directly in the solid or liquid state without
further sample preparation. The technique is used to obtain an infrared spectrum of absorption or
emission of a solid or liquid and the spectral data which is generated can easily identify functional
groups within the sample which makes it possible to infer composition of both polymer and inorganic
or mineral filler. That is, analysis of the Functional Group Region of the spectra (i.e. 4000 cm-1 to 1450
cm-1) makes it is possible to observe functional groups that are present within the material which aids
in the identification of the polymer and filler present.

Further to this, comparison to known samples aids in the identification and confirmation of the type
of building façade material.

2.4. FUEL LOAD AND FILLER CONTENT BY DRY OXIDATIVE ASHING

A weighed sample was heated within a muffle furnace under an oxidative atmosphere to convert all
common oxidisable organic material, such as polymers and plasticisers, to carbon dioxide and other
gaseous products, e.g. carbon monoxide. All common inorganic non-combustible fillers are generally
dehydrated and converted to their common oxides which forms the non-combustible ash residue.
When this method is coupled with FTIR spectral identification and calculation, the quantitative
proportion of filler and organic materials (including polymer, plasticisers, etc.) can be assessed based
on the amount of collected ash. The calculated inert filler is based on the assumption that the
identified filler within the ATR-FTIR is present with no to little impurities which may be below the
detection limit of the ATR-FTIR method.

Thermal Gravimetric Analysis Differential Scanning Calorimetry (TGA-DSC) in conjunction with Dry
Ashing can be used with quantitative assessment of combustible to non-combustible material to
ascertain polymer content to non-polymer content and following the recommendations as detailed
within the Insurance Council of Australia1 web page, the category of the material can be assigned, i.e.
Category A-D, refer to Table 2. While Table 3 further expands the relationship between the Categories
based on the information as shown in the Insurance Council of Australia1 web page.

Table 2: Table taken from the ICA’s1 web site.

Category Polymer Percentage4 Polymer % Inert Filler %5

A 30-100% Polymer and 0-70% inert materials 30-100% 0-70%

B 8-29% Polymer and 71-92% inert materials 8-29% 71-92%
C 1-7% Polymer and 93-99% inert materials 1-7% 93-99%
0% Polymer and 100% inert materials or deemed
D 0% 100%
non-combustible by the National Construction Code

Table 3: Summarised Data from the ICA’s1 web site

Polymer
Category Description
Percentage4

Similar to Category 3 in the BRE Appendix

Inert materials are considered those that do not contribute to
combustion.
A 30-100%
ACP’s in this category typically have close to 100% organic polymer in
their core and were identified by most manufacturers as PE
(Polyethylene)core. Some core binders are polymers other than PE.
Similar to Category 2 in the BRE Appendix
Typically identified by ACP manufacturers as FR, FR, Plus or rated Class
B 8-29% B per EN 13501 and typically have around 30% organic polymer in the
core however some State Regulations limit the PE content to less than
30% for this category.
Similar to Category 1 in the BRE Appendix
C 1-7% Typically identified by ACP manufacturers as A2, rated as Class A2 per
EN 13501. These are considered as having very limited combustibility.
Testing to EN 13501 and obtaining class A2 is a valid alternative.
Similar to Category 1 in the BRE Appendix
Typically, panels tested or deemed non-combustible by the building
D 0% code (National Construction Code). These could be aluminium skins with
low adhesive aluminium honeycomb cores, compressed fibre cement
core or even compressed fibre cement panel. Steel panels with calcium
silicate or similar core.

4 Polymer including all types of flammable polymers

5 Inert materials are considered those that do not contribute to combustion.
 2.5. VISUAL THERMAL STABILITY

A small section of intact building façade system sample was subjected to heating within a heat bath
and as the temperature is progressively increased, it is measured via a thermocouple. During the test,
the material is visually observed for physical changes (i.e. sample ‘watering’, melting/softening,
generation of volatiles or smoke, charring) and those changes are recorded.

2.6. MICRO FLAMMABILITY

A small section of building façade system sample was subjected to a stoichiometric natural gas flame
to determine whether the material is flammable via the observation of sustained burning. The extent
of flammability is then determined via the observation of a sustained burning flame when the external
flame source is removed, and the duration of such burning is recorded.

2.7. THERMAL ANALYSIS BY TGA-DSC

Thermal Gravimetric Analysis (TGA) is a method of thermal analysis in which changes in physical and
chemical properties of materials are measured as a function of increasing temperature (with constant
heating rate), or as a function of time (with constant temperature and/or constant mass). Differential
Scanning Calorimetry (DSC) is a thermoanalytical technique in which the difference in the amount of
heat required to increase the temperature of a sample and reference material is measured as a
function of temperature.

This technique heats the sample and a reference sample at a given rate in a nitrogen environment,
where the caloric heat flux is mapped as a function of time and temperature, while the residual mass
of sample is measured over time as the temperature changes (TGA). When the sample undergoes a
chase change (e.g. crystallisation or melting), energy is absorbed or emitted by and/or from the
sample and the temperature difference between the sample and reference material is measured.

The results obtained are analysed using specialised software which determine the temperature of
on-set, end-set and peaks of any phase changes and the weight loss of the materials by thermal
degradation. Changes in heat flux occur as a result of phase changes and weight loss.

This method is used to determine the polymeric and filler material present via the thermal transition
of the material or mass loss and is used to compare the way different materials change to increasing
temperatures.
 2.8. X-RAY DIFFRACTION TEST

The X-ray diffractometer is comprised of an X-ray source, which is focussed on the sample at a
particular angle of incidence through horizontal and vertical divergence slits.

X-ray diffraction is sometimes used to semi-quantitatively determine the weight fraction of

constituents within the material. By comparing the integrated intensities of the diffraction peaks from
each of the known constituents, their w/w percent can be approximated. However, it is highly
dependent on particle size effect and interferences from the matrix.
3. LABORATORY RESULTS

3.1. SPECTRAL ANALYSIS BY ATR-FTIR

A summary of building façade system samples subjected to ATR-FTIR are shown in Table 4 with
reference to subsequent figures.

Table 4: Building façade system sample subjected to FTIR Analysis.

Panel
Sample ID Sample Type Colour of Core ATR-FTIR Spectra
Colour
154524 EPS White White Figure 1

Figure 1: FTIR of Building Façade System.

3.2. DRY OXIDATIVE ASHING TEST

A summary of building façade system samples subjected to Dry-Ashing with results are summarised
in Table 5.

Table 5: Building façade system sample dry oxidative ashing results.

Sample Panel Mass of Core Ash7 Ash8 Appearance of
Sample Type
ID Colour Sample6 (g) (g) (w/w%) Ash
154524 EPS White 0.3205 0.0041 <1% No Ash

6 Mass of polymer core sample subjected to ashing.

7 Mass of ash remaining after ashing experiment.
8 Non-combustible at 1000°C
 3.3. THERMAL STABILITY

A summary of building façade system samples subjected to Thermal stability analysis are summarised
below also showing laboratory results in Table 6 below.

Table 6: Building façade system sample thermal stability observations.

Panel Colour of Temperature
Sample ID Sample Type Observation
Colour Core (°C)
RT Start of experiment
220 Polystyrene squeezes
154524 EPS White White 290 Smoke starts
300 Polystyrene deforms completely
400 End of Experiment
RT Start of experiment
250 Smoke starts
280 Panel darkens at the bottom
154524-A Render Grey Grey 330 Panel darkens throughout
Sarking strips separate from the
350
panel and darken
400 End of Experiment

3.4. MICRO-FLAMMABILITY

A summary of building façade system samples subjected to Micro-flammability analysis are

summarised below also showing laboratory results in Table 7.

Table 7: Building façade system sample micro-flammability results.

Period Flame
Sample ID Sample Type Panel Colour Flammable Observation
Sustained
The external flame is
applied to the sample for
20 seconds then
removed, the polystyrene
10 seconds - core burns instantly, and
154524 EPS White Yes
Self-Sustained drips. A self - sustaining
flame remains for 10
seconds. Smoke is
observed during
combustion.
The external flame is
applied to the panel for
60 seconds then
removed; the panel does
< 1 second - not hold the flame. Then,
154524-A Render Grey No Self- the flame is reapplied to
Extinguishing the panel for 50 seconds
then removed, the panel
does not hold the flame.
The panel is not
flammable.
 3.5. THERMAL ANALYSIS BY TGA-DSC

In this instance TGA-DSC laboratory analysis was not required as the core sample was identified by
ATR-FTIR.

3.6. X-RAY DIFFRACTION TEST

In this instance X-Ray Diffraction laboratory analysis was not required as the core sample was
identified by ATR-FTIR.
4. DISCUSSION OF RESULTS

4.1. ATR-FTIR
Analysis of the FTIR spectra via a library search of known polymer blends identified the following
possible polymer blend corresponding to the analysed samples in Table 4. This information is further
summarised in Table 8 with their corresponding library match and figure.
Table 8: Building façade system sample composition identification.
Identified Polymer and Inert
Sample ID Sample Type Panel Colour Core Colour Figure
Material (Filler)
154524 EPS White White Polystyrene with No Filler Present Figure 2

Figure 2: FTIR Spectral Comparisons of Known Material with Sample.

 4.2. OXIDATIVE DRY-ASHING
The oxidative dry-ashing results of the building façade samples are summarised in Table 9 for the
samples analysed.

Table 9: Building façade system sample dry-ashing results.

Calculated Insurance
Calculated
Identified 8 Combustible Council
Sample Panel Ash Filler9
Sample Type Composition by Material of
ID Colour (w/w%) Content
ATR-FTIR Content10 Australia
(w/w%)
(w/w%) Category
Polystyrene
154524 EPS White with No Filler <1% <1% >99% A
Present

4.3. VISUAL THERMAL STABILITY

The visual Thermal Stability results of the building façade samples are summarised in Table 10 below.

Table 10: Building façade system sample thermal stability results.

Sample Panel Limit of Stability Smoke Onset Loss of Structure
Sample Type
ID Colour (oC) (oC) (oC)
154524 EPS White 220 290 300
154524A Render Grey 280 250 350

4.4. MICRO-FLAMMABILITY

The micro-flammability results of the building façade samples are summarised in Table 11 below.

Table 11: Building façade system sample micro-flammability results.

Smoke
Duration Dripping
Sample Panel Self- Generated
Sample ID Flammable of or
Type Colour Sustained During
Flaming Oozing
Combustion
10
154524 EPS White Yes Yes Dripping Yes
seconds
<1
154524-A Render Grey No No No Yes
second

9 Calculated filler percentage based on identified filler by FTIR analysis and ash content.
10 Calculated mass of polymer based on calculated weight of filler and starting mass of sample.
 4.5. DESKTOP REVIEW OF EXPECTED TOXIC GASES TO BE RELEASED IF EXPOSED TO FIRE

In conducting this assessment, CETEC has identified the main components forming the composition
of these samples. For the samples which have been identified as being flammable, the expected
emissions to be released in the event of a fire are highlighted below;

• Carbon dioxide.
• Carbon monoxide.
• Particulate matter, i.e. black smoke.
• Oxides of Nitrogen (NOx) (dependent on temperature of fire).

However, if a detailed analysis of toxicity is required, a full and detailed analysis of the emissions
would be required.
5. CONCLUSION

On behalf of Efi Condovrakis from Ace Body Corporate Management, CETEC collected and conducted
scientific analysis of building façade system samples to determine their composition as per the
requirements of the Insurance Council of Australia recommendations. The samples were collected by
CETEC staff, James Boreham on the 7/10/2022 and sent to Foray Laboratories, a NATA registered
company wholly owned by CETEC for scientific analysis of the samples. While the blue sarking material
observed during the sampling could not be sampled themselves in this occasion due to the nature of
how it is affixed to the building, from CETEC’s experience of testing, blue sarking materials are typically
flammable.

Testing following methodology developed by CETEC Pty Ltd to determine composition and
flammability potential was conducted in order to assign the material to a Category as instructed by
the Insurance Council of Australia1. A summary of results is detailed below in Table 12. Refer to

APPENDIX A for photographic record of the samples collected onsite.

Table 12: Fuel Contribution Summary based on the Insurance Council of Australia Guidelines.
Calculated
Identified Calculated Insurance
Sample Description Combustible
Sample Panel Core Fuel Dripping Smoke Polymer and Filler Council of
Sample ID / Location of Material
Type Colour Colour Contributor Risk Generated Additive Content Australia
Collected Sample Content
(Filler) (w/w%) Category
(w/w%)
Polystyrene
1245 Burke Road, with No
154524 EPS White White Yes Dripping Yes >99% <1% A
Kew, VIC, 3101 Filler
Present
1245 Burke Road, Not Tested Not Tested / Not Tested Not Tested
154524A Render Grey Grey No No Yes
Kew, VIC, 3101 /Determined Determined /Determined /Determined
 APPENDIX A: PHOTOGRAPHIC RECORD OF BUILDING FAÇADE SYSTEM SAMPLES

Photo 1 Photo 2 Photo 3

DISCLAIMER

CETEC has taken all reasonable care to ensure that the information contained in this report is accurate.
The report is based on data and information collected by CETEC personnel during location visits and
information accepted in good faith from various personnel associated with this work. However, no
warranty or representation can be given that the information and materials contained in it are
complete or free from errors or inaccuracies.

CETEC accepts no responsibility for any deficiency, misstatements or inaccuracies contained in this
report as a result of omissions, misinterpretation or fraudulent acts of the persons interviewed or
contacted.

To the extent permitted by applicable laws, CETEC accepts no liability for any decision, action, loss,
damages or expenses of any kind including without limitation, compensatory, direct, indirect or
consequential damages, loss of data, income or profit, loss of or damage to property, or claims by
third parties howsoever arising in connection with the use or reliance on the information in this
report. This exclusion of liability shall also apply to damages arising from death or personal injury
potentially caused by the negligence of CETEC or any of its employees or agents.

CETEC has not made any determination if these products are in compliance with the National
Construction Code. Further to this, this report cannot be used as evidence unless the client agrees to
reimburse CETEC at hourly rates for any involvement in legal proceedings.

By viewing this report, you are acknowledging that you have read and agree to the above disclaimer.

COPYRIGHT
The material in this report is protected by copyright, which is owned by CETEC. Users may view, print
and download the contents for personal use only and the contents must not be used for any
commercial purposes, without the express permission of Ace Body Corporate Management and
CETEC. Furthermore, the material in this report, or any part of it, is not to be incorporated or
distributed in any work or in any publication in any form without the permission of Ace Body
Corporate Management and CETEC.
 EFVM® TEST REPORT

Prepared For: Ace Body Corporate

Management
737 Burwood Road,
Hawthorn,
VIC 3123

Site Location: 1245 Burke Rd

Kew , VIC 3101

Project Number: AV9707

Fault Finding

Date: 22.09.21
 Table of Contents

1 EFVM® Technique

2 EFVM® Report

3 Summary

4 Photo Documentation

© Copyright 2021 ILD® Page # 2

 EFVM® Technique
An electrical potential difference is set up between a non-conductive
membrane surface, which is wet or thoroughly dampened, and a
conductive structural deck or substrate which is earthed or grounded.
If there are any leaks, then a small electric current will flow across the
membrane surface and down through the puncture to the earthed
structural deck. The electric current will flow directly to the puncture or
breach.

Using ILD®'s proprietary Electric Field Vector Mapping EFVM®, the

direction of the current can be identified and thus a puncture can be
pinpointed. Because of the high electrical resistance through the
membrane, the magnitude of the electrical current is relatively small.
However, the magnitude of the current is not important, but rather the
direction in which it flows, leading ILD® fully factory trained inspector
directly to the puncture.

A Vector conductor wire is set out in an angular loop around the

perimeter of the area to be tested. The ILD® pulse generator is
connected to the conductor wire, which delivers a voltage potential, to
a predetermined cycle. The ILD® certified inspector, steps into the
membrane surface field to be tested, with the EFVM® test equipment
and reads the electric flow. If there is any puncture, the EFVM® test
equipment will indicate the direction of the current flow, leading the
certified inspector directly to the leakage point.

© Copyright 2021 ILD® Page # 3

 EFVM® Report
Date of Test: 22.09.21
Testing Method: EFVM® (Electric Field Vector Mapping)

International Leak Detection performed the EFVM® test of the Membrane

located at 1245 Burke Rd Kew VIC 3101. The EFVM® test was
requested to confirm the integrity of the waterproofing membrane as at the
above date.

To perform the EFVM® test, the Vector conductor wire was placed on top
of the membrane surface and was dampened to create the conductive
field plate. As the test progressed satisfactory readings were observed.

The EFVM® potentiometer measured the directional flow of the current

traveling across the membrane and zero (0) readings with positive
connections were detected.

© Copyright 2021 ILD® Page # 4

 Summary
The EFVM® test concluded that the membrane was not isolating the
potential difference at 0 locations. Moisture has not penetrated through the
membrane at any point and established the path for the current to flow.

Many Areas of Concern were observed.

Please Note:
-The water leaks seem to be coming from the lightweight external walls,
due to weak areas such as deterioration of caulking /silicon and
cracking in the walls. Some walls have no capping and where capping is
present, some gaps are present

-During test we were able to recreate the leaks, by applying water to the
external walls and capping where silicon was failing.

© Copyright 2021 ILD® Page # 5

 Photographic Documentation

Building

© Copyright 2021 ILD® Page # 6

 Defined Test Area (Apartment 46)

Defined Test Area (Apartment 46)

© Copyright 2021 ILD® Page # 7

 Defined Test Area (Apartment 46)

Defined Test Area (Apartment 46)

© Copyright 2021 ILD® Page # 8

 Area of Concern (Silicon has deteriorated) (Apartment 46)

Area of Concern (Caulking has deteriorated)(Apartment 46)

© Copyright 2021 ILD® Page # 9

 Area of Concern (Apartment 46)

Area of Concern(Apartment 46)

© Copyright 2021 ILD® Page # 10

 Area of Concern (Caulking has deteriorated)(Apartment 46)

Area of Concern (Caulking has deteriorated)(Apartment 46)

© Copyright 2021 ILD® Page # 11

 Area of Concern (Caulking has deteriorated)(Apartment 46)

Area of Concern (Retaining Wall Cracking)(Apartment 46)

© Copyright 2021 ILD® Page # 12

 Area of Concern (Retaining Wall Cracking)(Apartment 46)

Area of Concern (Retaining Wall Cracking)(Apartment 46)

© Copyright 2021 ILD® Page # 13

 Area of Concern(Apartment 46)

Area of Concern(Apartment 46)

© Copyright 2021 ILD® Page # 14

 Area of Concern(Apartment 46)

Area of Concern(Apartment 46)

© Copyright 2021 ILD® Page # 15

 Defined Test Area(Apartment 41)

Defined Test Area(Apartment 41)

© Copyright 2021 ILD® Page # 16

 Area of Concern(Apartment 41)

Area of Concern(Apartment 41)

© Copyright 2021 ILD® Page # 17

 Area of Concern (Cracking in Retaining Wall)(Apartment 41)

Area of Concern (Silicon has deteriorated)(Apartment 41)

© Copyright 2021 ILD® Page # 18

 Area of Concern (Silicon has deteriorated)(Apartment 41)

Area of Concern (Recreated leak below with water used on flashing area)
(Apartment 41)
© Copyright 2021 ILD® Page # 19
 Area of Concern (Recreated leak below with water used on flashing area)
(Apartment 41)

Area of Concern (Silicon has deteriorated)(Apartment 41)

© Copyright 2021 ILD® Page # 20

 Area of Concern (Silicon has deteriorated)(Apartment 41)

Area of Concern (Flashing does not cover Rendering)

(Apartment 41)
© Copyright 2021 ILD® Page # 21
 Area of Concern (Flashing does not cover Rendering)
(Apartment 41)

Area of Concern (Flashing does not cover Rendering)

(Apartment 41)
© Copyright 2021 ILD® Page # 22
 Area of Concern (Flashing does not cover Rendering)
(Apartment 41)

Area of Concern (Cracking in retaining wall)(Apartment 41)

© Copyright 2021 ILD® Page # 23

 Area of Concern (Cracking in retaining wall)(Apartment 41)

Defined Test Area(Apartment 42)

© Copyright 2021 ILD® Page # 24

 Defined Test Area(Apartment 42)

Defined Test Area(Apartment 42)

© Copyright 2021 ILD® Page # 25

 Defined Test Area(Apartment 42)

Area of Concern (Silicon has deteriorated)(Apartment 42)

© Copyright 2021 ILD® Page # 26

 Area of Concern (Silicon has deteriorated)(Apartment 42)

Area of Concern (Silicon has deteriorated)(Apartment 42)

© Copyright 2021 ILD® Page # 27

 Area of Concern (Silicon has deteriorated)(Apartment 42)

Area of Concern (Silicon has deteriorated)(Apartment 42)

© Copyright 2021 ILD® Page # 28

 Area of Concern (Silicon has deteriorated)(Apartment 42)

Area of Concern (Flashing does not cover Rendering)

(Apartment 42)
© Copyright 2021 ILD® Page # 29
 Area of Concern (No Flashing on Retaining Wall)
(Apartment 42)

© Copyright 2021 ILD® Page # 30

 1245 Burke Rd – Test Area Legend
EFVM Test Wire

Membrane Breach
APARTMENT 46 TEST AREA Drain/Penetration

Fall Restraint
Connection.

Area of Concern

International Leak
Detection Pty Ltd
roberto@ild-
australia.com.au
Client:
Ace Body Corporate
Management 737
Burwood Road, Hawthorn,
VIC 3123

Project:

1245 Burke Rd
Kew , VIC 3101

Project#:
AV9707

Scale Dwg By Date

NTS NP 22/09/21

This drawing is the property of

International Leak Detection
Australia Ltd and may not be
reproduced without consent
 1245 Burke Rd – Areas Of Concern Legend
EFVM Test Wire

Membrane Breach
APARTMENT 46 TEST AREA Drain/Penetration

DRAINAGE Fall Restraint

Connection.

Area of Concern

International Leak
Detection Pty Ltd
roberto@ild-
australia.com.au
Client:
CALKING Ace Body Corporate
Management 737
FAILING CRACKING ON Burwood Road, Hawthorn,
VIC 3123
RENDER WALL
Project:

1245 Burke Rd
Kew , VIC 3101

Project#:
AV9707

Scale Dwg By Date

NTS NP 22/09/21

This drawing is the property of

International Leak Detection
Australia Ltd and may not be
reproduced without consent
 1245 Burke Rd – Test Area Legend
EFVM Test Wire

Membrane Breach
APARTMENT 41 TEST AREA Drain/Penetration

Fall Restraint
Connection.

Area of Concern

International Leak
Detection Pty Ltd
roberto@ild-
australia.com.au
Client:
Ace Body Corporate
Management 737
Burwood Road, Hawthorn,
VIC 3123

Project:

1245 Burke Rd
Kew , VIC 3101

Project#:
AV9707

Scale Dwg By Date

NTS NP 22/09/21

This drawing is the property of

International Leak Detection
Australia Ltd and may not be
reproduced without consent
 1245 Burke Rd – Areas Of Concern Legend
EFVM Test Wire

Membrane Breach
APARTMENT 41 TEST AREA Drain/Penetration

Fall Restraint
Connection.

Area of Concern

International Leak
Detection Pty Ltd
roberto@ild-
australia.com.au
CRACKING IN
Client:
RETAINING WALL Ace Body Corporate
Management 737
Burwood Road,
SILICON HAS Hawthorn,
VIC 3123
DETERIORATED Project:

1245 Burke Rd
Kew , VIC 3101

Project#:
AV9707

Scale Dwg By Date

NTS NP 22/09/21

This drawing is the property of

International Leak Detection
Australia Ltd and may not be
reproduced without consent
 1245 Burke Rd – Test Area Legend
EFVM Test Wire

Membrane Breach
APARTMENT 42 TEST AREA Drain/Penetration

Fall Restraint
Connection.

Area of Concern

International Leak
Detection Pty Ltd
roberto@ild-
australia.com.au
Client:
Ace Body Corporate
Management 737
Burwood Road, Hawthorn,
VIC 3123

Project:

1245 Burke Rd
Kew , VIC 3101

Project#:
AV9707

Scale Dwg By Date

NTS NP 22/09/21

This drawing is the property of

International Leak Detection
Australia Ltd and may not be
reproduced without consent
 1245 Burke Rd – Areas Of Concern Legend
EFVM Test Wire

Membrane Breach
APARTMENT 42 TEST AREA Drain/Penetration

Fall Restraint
Connection.

Area of Concern

International Leak
Detection Pty Ltd
roberto@ild-
australia.com.au
Client:
Ace Body Corporate
Management 737
NO FLASHING ON Burwood Road,
Hawthorn,
RETAINING WALL VIC 3123
SILICON HAS Project:
DETERIORATED 1245 Burke Rd
Kew , VIC 3101

Project#:
AV9707

Scale Dwg By Date

NTS NP 22/09/21

This drawing is the property of

International Leak Detection
Australia Ltd and may not be
reproduced without consent
 STATEMENT OF ADVICE AND INFORMATION FOR
PROSPECTIVE PURCHASERS AND LOT OWNERS
Form 2, Schedule 2 pursuant to regulation 12 Owners Corporation Regulations 2007

What is an owners corporation?

The lot you are considering buying is part of an owners corporation. Whenever a plan of subdivision creates
common property, an owners corporation is responsible for managing the common property. When purchasing a
lot that is part of an owners corporation, buyers automatically become members of the owners corporation.

If you buy into an owners corporation, you will be purchasing not only the individual property, but also ownership
of, and the right to use, the common property as set out in the plan of subdivision. This common property may
include driveways, stairs, passages, lifts, lobbies, common garden areas and other facilities set up for use by
owners and occupiers. In order to identify the boundary between the individual lot you are purchasing (for which
the owner is solely responsible) and the common property (for which all members of the owners corporation are
responsible), you should closely inspect the plan of subdivision.

How are decisions made by an owners corporation?

As an owner, you will be required to make financial contributions to the owners corporation, in particular for the
repair, maintenance and management of the common property. Decisions as to the management of this common
property will be the subject of collective decision making. Decisions as to these financial contributions, which may
involve significant expenditure, will be decided by a vote.

Owners corporation rules

The owners corporation rules may deal with matters such as car parking, noise, pets, the appearance or use of
lots, behaviours of owners, occupiers or guests and grievance procedures.
You should look at the owners corporation rules to consider any restrictions imposed by the rules.

Lot entitlement and lot liability

The plan of subdivision will also show your lot entitlement and lot liability. Lot liability represents the share of
owners corporation expenses that each lot owner is required to pay.

Lot entitlement is an owner’s share of ownership of the common property, which determines voting rights. You
should make sure that the allocation of lot liability and entitlement for the lot you are considering buying seems
fair and reasonable.
Further information
If you are interested in finding out more about living in an owners corporation, you can contact Consumer Affairs
Victoria. If you require further information about the particular owners corporation you are buying into, you can
inspect that owners corporation’s information register.

Management of an owners corporation

An owners corporation may be self-managed by the lot owners or professionally managed by an owners
corporation manager. If an owners corporation chooses to appoint a professional manager, it must be a manager
registered with the Business Licensing Authority (BLA).

IF YOU ARE UNCERTAIN ABOUT ANY ASPECT OF THE OWNERS CORPORATION OR THE DOCUMENTS
YOU HAVE RECEIVED FROM THE OWNERS CORPORATION, YOU SHOULD SEEK EXPERT ADVICE
OWNERS CORPORATIONS 537794N

1245 Burke Road

Kew

MODEL AND ADDITIONAL

RULES
CONSOLIDATED

Page 1 of 18
DEFINITIONS & INTERPRETATION:-

(a) Definitions:
In these rules unless the context indicates a contrary intention:
“Act” means the Subdivision Act 1988;
“Building” means the buildings constructed on the Land;
“Developer” means Java Court (ACN 119861344) or other associated
companies;
“Land” means the whole of the land described in the Plan;
“Lot” means a Lot on the Plan;
“Manager” means the person(s) for the time being appointed by the Owners
Corporation as its Manager or if no person is for the time being appointed, the
secretary of the Owners Corporation;
“Member” means an owner / Proprietor of a Lot(s) on the Plan;
“Plan” means plan of subdivision No. PS 537794N
“Proprietor” means a Member of a Lot.
“Security Key” means a key, magnetic card or other security device used to
open and close doors, gates, locks or to generate alarms, security systems or
communication systems in respect of a Lot or the common property.
(b) Interpretation:
In these rules unless the context indicates a contrary intention:
(i) headings are for convenience only and shall not affect interpretation,
(ii) words denoting any gender shall include all genders,
(iii) an expression importing a natural person shall include any company,
partnership, joint venture, association, corporation or other Owners
Corporation and any Governmental Agency,
(iv) a reference to a person includes a reference to the person's trustees,
guardians, executors, heirs, beneficiaries, administrators, successors,
substitutes (including, without limitation, persons taking by novation)
and assigns,
(v) a reference to an Act of Parliament, ordinance, code or other law
includes regulations and other statutory instruments (including by-laws)
under it and shall include any amendment, consolidation, modification
or re-enactment thereof or any replacement legislation,
(vi) a reference to a Owners Corporation includes any elected committee of
the Owners Corporation, and
(vii) a reference to a corporations means and includes its liquidators,
receivers, administrators and controllers.
(c) The obligations and restrictions set out in these rules shall be read subject to the rights,
grants or privileges that may be given to any person or persons by the Owners
Corporation from time to time and to the extent of any inconsistency, such rights, grants
or privileges prevail over these rules in respect of the person or persons to whom they
are given.
(d) If any term, clause or provision of these rules or part thereof shall be or be deemed or
judged to be invalid for any reason, such invalidity shall not affect the validity or
operation of any other term, clause or provision of these rules, except to the extent
necessary to give effect to such invalidity.

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(e) Any provision of these rules which is illegal or unenforceable shall be ineffective to the
extent of such illegality, voidness or unenforceability without invalidating the remaining
provisions.

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 PART ONE

MODEL RULES

Owners Corporations Act 2006

USE OF COMMON PROPERTY AND LOTS
1. HEALTH, SAFETY AND SECURITY
1.1. Health, safety and security of Lot owners, occupiers of Lots and others
A Lot owner or occupier must not use the Lot, or permit it to be used, so as to cause a
hazard to the health, safety and security of an owner, occupier, or user of another Lot.
1.2. Storage of flammable liquids and other dangerous substances and materials
(1) Except with the approval in writing of the owners corporation and except the retail
Lots if used for a restaurant or the like business, an owner or occupier of a Lot
must not use or store on the Lot or on the common property any flammable
chemical, liquid or gas or other flammable material.
(2) This rule does not apply to-
(a) chemicals, liquids, gases or other material used or intended to be used for
domestic purposes or for the retail Lots; or
(b) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or
internal combustion engine.
1.3. Waste disposal
An owner or occupier must ensure that the disposal of garbage or waste does not
adversely affect the health, hygiene or comfort of the occupiers or users of other Lots.
2. MANAGEMENT AND ADMINISTRATION
2.1 Metering of services and apportionment of costs of services
(1) The owners corporation must not seek payment or reimbursement for a cost or
charge from a Lot owner or occupier that is more than the amount that the supplier
would have charged the Lot owner or occupier for the same goods or services.
(2) If a supplier has issued an account to the owners corporation, the owners
corporation cannot recover from the Lot owner or occupier an amount which
includes any amount that is able to be claimed as a concession or rebate by or on
behalf of the Lot owner or occupier from the relevant supplier.
(3) Sub rule (2) does not apply if the concession or rebate-
(a) must be claimed by the Lot owner or occupier and the owners corporation has
given the Lot owner or occupier an opportunity to claim it and the Lot owner
or occupier has not done so by the payment date set by the relevant supplier;
or
(b) is paid directly to the Lot owner or occupier as a refund.
3. USE OF COMMON PROPERTY
3.1 Use of common property
(1) An owner or occupier of a Lot must not obstruct the lawful use and enjoyment of
the common property by any other person entitled to use the common property.

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 (2) An owner or occupier of a Lot must not, without the written approval of the owners
corporation, use for his or her own purposes as a garden any portion of the
common property.
(3) An approval under sub rule (2) may state a period for which the approval is
granted.
(4) If the owners corporation has resolved that an animal is a danger or is causing a
nuisance, it must give reasonable notice of this resolution to the owner or occupier
who is keeping the animal.
(5) An owner or occupier of a Lot who is keeping an animal that is the subject of a
notice under sub rule (4) must remove that animal.
(6) Sub rules (4) and (5) do not apply to an animal that assists a person with an
impairment or disability.
3.2 Vehicles and parking on common property
An owner or occupier of a Lot must not, unless in the case of an emergency, park or
leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:
(a) to be parked or left in parking spaces situated on common property and allocated
for other Lots; or
(b) on the common property so as to obstruct a driveway, pathway, entrance or exit to
a Lot; or
(c) in any place other than a parking area situated on common property specified for
that purpose by the owners corporation.
3.3 Damage to common property
(1) An owner or occupier of a Lot must not damage or alter the common property
without the written approval of the owners corporation.
(2) An owner or occupier of a Lot must not damage or alter a structure that forms part
of the common property without the written approval of the owners corporation.
(3) An approval under sub rule (1) or (2) may state a period for which the approval is
granted, and may specify the works and conditions to which the approval is subject.
(4) An owner or person authorised by an owner may install a locking or safety device
to protect the Lot against intruders, or a screen or barrier to prevent entry of
animals or insects, if the device, screen or barrier is soundly built and is consistent
with the colour, style and materials of the building.
(5) The owner or person referred to in sub rule (4) must keep any device, screen or
barrier installed in good order and repair.
4. LOTS
Change of use of Lots
An owner or occupier of a Lot must give written notification to the owners corporation if
the owner or occupier changes the existing use of the Lot in a way that will affect the
insurance premiums for the owners corporation. Example If the change of use results in a
hazardous activity being carried out on the Lot, or results in the Lot being used for
commercial or industrial purposes rather than residential purposes.

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5. BEHAVIOUR OF PERSONS
5.1 Behaviour of owners, occupiers and invitees on common property
An owner or occupier of a Lot must take all reasonable steps to ensure that guests of the
owner or occupier do not behave in a manner likely to unreasonably interfere with the
peaceful enjoyment of any other person entitled to use the common property.
5.2 Noise and other nuisance control
(1) An owner or occupier of a Lot, or a guest of an owner or occupier, must not
unreasonably create any noise likely to interfere with the peaceful enjoyment of
any other person entitled to use the common property.
(2) Sub rule (1) does not apply to the making of a noise if the owners corporation has
given written permission for the noise to be made.
6. DISPUTE RESOLUTION
(1) The grievance procedure set out in this rule applies to disputes involving a Lot
owner, Manager, or an occupier or the owners corporation.
(2) The party making the complaint must prepare a written statement in the approved
form.
(3) If there is a grievance committee of the owners corporation, it must be notified of
the dispute by the complainant.
(4) If there is no grievance committee, the owners corporation must be notified of any
dispute by the complainant, regardless of whether the owners corporation is an
immediate party to the dispute.
(5) The parties to the dispute must meet and discuss the matter in dispute, along with
either the grievance committee or the owners corporation, within 14 working days
after the dispute comes to the attention of all the parties.
(6) A party to the dispute may appoint a person to act or appear on his or her behalf at
the meeting.
(7) If the dispute is not resolved, the grievance committee or owners corporation must
notify each party of his or her right to take further action under Part 10 of the
Owners Corporations Act 2006.
(8) This process is separate from and does not limit any further action under
Part 10 of the Owners Corporations Act 2006.

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 PART TWO

ADDITIONAL RULES – OWNERS CORPORATION 1

UNLIMITED OWNERS CORPORATION

All Members of all Owners Corporations on the Plan must comply with the Model Rules
and these Rules.
1. BEHAVIOUR
1.1 A Proprietor or occupier of a Lot when on common property or in any part of a Lot so
as to be visible from another Lot or from common property must be clothed and must
not use language or behave in a manner likely to cause offence or embarrassment to the
Proprietor or occupier of another Lot or to any person lawfully using common
property.
1.2 A Proprietor or occupier of a Lot must not:
1.2.1 create any noise or behave in a manner likely to interfere with the peaceful
enjoyment of the Proprietor or occupier of another Lot or of any person
lawfully using common property; or
1.2.2 obstruct the lawful use of common property by any person.
1.2.3 use or allow the use of hammer, drills, jack hammers or similar devices in a Lot
on weekends or public holidays or between the hours of 4:00pm to 9:00am on
weekdays except with the prior written approval of the Manager and subject to
any legally permitted times.
1.2.4 permit persons under his or her control to consume alcohol, illegal substances
or take glassware or food / liquids onto the common property.

1.2.5 dispose or permit the disposal of cigarette butts, cigarette ash or any other
materials over balconies or in common property and in and around buildings and
car park areas.
1.2.6 permit any children under the control of that Proprietor or occupier to play on
any part of the common property or, unless accompanied by an adult to remain
on any part of the common property comprising a car parking area or other area
of possible danger or hazard to children.
1.2.7 permit any persons under the control of that person to use and / or park on the
common property any skateboards, roller skates, scooters or roller blades and
no bicycles may be ridden, used or parked in common areas.
2. SERVICES
2.1 Except for the purposes of maintenance and renewal and with the written consent of the
Owners Corporation, a Proprietor or occupier of a Lot must not do anything or permit
anything to be done on or in relation to that Lot or the common property so that:

2.1.1 the structural integrity of any part of the common property is impaired; or
2.1.2 the provision of services through the Lot or the common property is interfered
with in any way; or

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 2.1.3 any support or shelter provided by that Lot or the common property for any
other Lot or the common property is interfered with;
3. MOVING
3.1 A Proprietor or occupier of a Lot must not move any article of furniture or any other
article likely to cause damage or obstruction through common property without first
notifying the Manager in sufficient time to enable a representative of the Manager to be
present.
3.2 Without limiting the generality of the foregoing rules, a Proprietor or occupier of a Lot
may only move articles likely to cause damage into or out of the building through the
basement car park and via the basement entrance unless due to height restrictions this is
not possible in which case the consent of the Manager is required for an alternative.
3.3 Prior to moving any article of furniture or any other article likely to cause damage or
destruction, a representative of the Manager and the Proprietor or occupier of the Lot
will inspect the common property through which such article is to be moved to establish
its state of repair. The Proprietor or occupier of the Lot will be liable for any damage
caused to the common property arising from the movement of the article.
3.4 A Proprietor or occupier of a Lot may be asked to pay a surety, the amount of which
will be determined by the Manager, prior to moving in or out of the building. Any
damaged caused as a result of the move in or out will be deducted from the surety and
the balance of which will be refunded with 7 days of the completion of the move.
4. INTERFERENCE
4.1 A Proprietor or occupier of a Lot must not:
4.1.1 without the written authority of the Owners Corporation or its Manager,
interfere with the operation of any plant and equipment owned by the Owners
Corporation installed on the common property.
4.1.2 without the prior written consent of the Owners Corporation, remove any
article from the common property placed there by direction or authority of the
Owners Corporation and must use all reasonable endeavours to ensure that
those articles are used only for their intended use and not damaged.
4.1.3 modify any air conditioning, heating ventilation system or associated ducting
servicing that Lot without the prior written consent of the Owners Corporation.
4.1.4 enter any plant room without the prior written consent of the Owners
Corporation.
4.1.5 modify any intercom, television aerial or communication system (except
telephone connections) servicing that Lot without the prior written consent of
the Owners Corporation.
4.1.6 install nor permit the installation of covering to any storage areas other than as
permitted by the Owners Corporation.
4.1.7 replace or use any floor coverings which will create undue noise to adjoining
Proprietors or occupiers or those underneath the Lot.
4.1.8 not use any parts of the common property in respect of which exclusive use and
enjoyment rights may be given or granted by the Owners Corporation to a third
party from time to time.
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 4.1.9 interfere with or obstruct the Manager from performing its duties from time to
time.
5. DAMAGE AND REPAIRS
5.1 A Proprietor or occupier of a Lot shall not mark, paint or otherwise damage or deface,
any part of the common property.
5.2 A Proprietor or occupier must not breach the fire regulations by installing unapproved
dead locks or peep holes or do anything that would or could void or prejudice the
Owners Corporation insurance policy.
5.3 A Proprietor must promptly repair and maintain the interior and exterior of the Lot.
6. DEFECTS

A Proprietor or occupier of a Lot must immediately notify the Owners Corporation or its
Manager on becoming aware of any damage to or defect in the common property or any
property of the Owners Corporation.
7. RESTRICTED USE OF COMMON PROPERTY FOR FIRE CONTROL / FIRE /
SAFETY
7.1 The Owners Corporation may take measures to ensure the security, and to preserve the
safety of the common property and the Lots affected by the Owners Corporation from
fire or other hazards and without limitation may:-
7.1.1 close off any part of the common property not required for access to a Lot on
either a temporary or permanent basis or otherwise restrict the access to or use
by Proprietors or occupiers of any part of the common property;
7.1.2 permit, to the exclusion of Proprietors and occupiers, any designated part of
common property to be used by any security person as a means of monitoring
security and general safety of the Lots, either solely or in conjunction with
other Lots;
7.1.3 restrict by means of key or other security device the access of the Proprietors or
occupiers of one or more levels of the Lots to any other level of the Lots or to
common property or any part of the land in the Plan; and
7.1.4 restrict or close off permanently or from time to time by any means access
between common property in the Owners Corporation to another.
7.2 A Proprietor and occupier of a Lot must comply with all directions and rules of the
Owners Corporation in relation to precautions against fire and other emergencies.
7.3 Lot owners and occupiers will allow periodic testing and maintenance of all fire systems
and must comply with all fire safety and prevention laws and regulations including the
building regulations that relate to fire, fire prevention and systems.

8. STORAGE OF CHEMICALS

A Proprietor or occupier of a Lot must not except with the prior written consent of the
Owners Corporation and at their own risk, use or store on the Lot or common property
any flammable chemical, liquid, gas or other flammable material other than chemicals,
liquids, gases or other material use or intended to be used for normal and lawful

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 domestic purposes or in the fuel tank of a motor vehicle.
9. INSURANCE

A Proprietor or occupier of a Lot must not without the prior written consent of the
Owners Corporation do or permit anything to be done which may invalidate, suspend
or increase the premium for any insurance policy effected by the Owners Corporation.
10. SECURITY AND SECURITY KEYS
10.1 A Proprietor or occupier of a Lot or persons thereon from time to time must not do or
permit anything which may prejudice the security or safety of the common property or
any person in or about the Building.
10.1 The Owners Corporation may charge a reasonable fee for any additional Security Key
Fobs / Remotes required by a Proprietor.
10.2 A Proprietor of a Lot must exercise a high degree of caution and responsibility in
making a Security keys / fobs / remotes available for use by any occupier of a Lot and
must use all reasonable endeavours including without limitation an appropriate
stipulation in any lease or licence of a Lot to the occupier to ensure the return of the
Security Key to the Proprietor or the Owners Corporation.
10.3 A Proprietor or occupier of a Lot must promptly notify the Owners Corporation if a
Security Key / Fob / Remote issued to him is lost or destroyed. A Proprietor or
occupier of the Lot must pay the costs of the replacement of the key / fob / remote and
the re-programming of security systems to remove lost/missing fobs / remotes.
10.5 All doors and windows must be securely fastened when a Lot is unoccupied.

11. CLEANING

A Proprietor or occupier of a Lot must keep their Lot including balcony or veranda
areas clean and in good repair.
12. SIGNS, BLINDS AND AWNINGS
12.1 A Proprietor or occupier of a Lot must not:
12.1.1 without the prior written consent of the Owners Corporation erect or affix any
sign or notice to any part of the common property unless first approved by the
Owners Corporation.
12.1.2 Install or permit the installation of any window coverings that are viewable
from outside the building unless those coverings have a backing of silver, off
white, bone or cream colour or are off white, bone or cream Venetians or
wooden Venetians or as approved by the owners Corporation.
12.1.3 Install or permit the installation of any awnings other than as approved by the
Owners Corporation.
12.2 A Proprietor or occupier of a Lot must not allow the erection of any for sale or for
lease for licence or sub-lease boards or signs of any description on the common
property without the prior written consent of the Owners Corporation which consent
may be given with any conditions or limitations imposed as the Owners Corporation
sees fit. All Proprietors / occupiers will comply with the approved signage
specifications for size, style and installation locations as provided by the Manager.

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12.3 In addition to Rule 12.2, a Member must not allow for the erection of any for sale or
for lease signs or boards on the Common Property or for such a sign or board to be
visible from the exterior of the Member’s Lot without the prior written consent of the
Owners Corporation and provided that:
(i) no for sale or for lease board may exceed 1700 mm x 1100 mm in size;
(ii) a Member is not permitted to erect more than one (1) for sale or for lease board
on the Common Property at any time;
(iii) no more than two (2) Members are permitted to erect such a sign or board at the
same time;
(iv) no sign will be permitted to remain erected upon the Common Property for more
than five (5) weeks duration;
(v) the Member responsible for the erection of such sign or board (“the responsible
Member”) must remove the sign or board immediately on the expiry of five (5)
weeks after the sign or board was erected, or earlier;
(vi) if the responsible Member does not remove the sign or board in accordance with
the provisions of this rule the Owners Corporation may take any action it deems
necessary to remove the sign or board at the responsible Member’s cost;
(vii) any damage to the Common Property arising from the erection or removal of any
such sign or board will be repaired by the responsible Member and if the
responsible Member does not repair any such damage within a reasonable time,
the Owners Corporation may take any action it deems necessary to repair the
damage at the responsible Member’s cost.

13. APPEARANCE / PAINTING / FINISHES

13.1 Without limiting any other of these rules, a Proprietor or occupier of a Lot must not:
13.1.1 without prior written consent of the Owners Corporation maintain inside the
Lot anything visible from outside the Lot that when viewed from outside the
Lot is not in keeping with the rest of the Building;
13.1.2 install bars, screens or grilles or other safety devices to the exterior of any
windows or doors of a Lot without the prior written consent of the Owners
Corporation;
13.1.3 operate or permit to be operated on the Lot or within it any device or electronic
equipment which interferes with any appliance lawfully in use on the common
property, another Lot or another part of the Building;
13.1.4 without the prior written consent of the Owners Corporation attach to or hang
from the exterior of the Lot any aerial or any security device or wires;
13.1.5 install or operate any intruder alarm which emits an audible signal;
13.1.6 place, display or hang any chattel or item (including any item of clothing or any
wind chimes) on or from a balcony or terrace forming part of the common
property.
13.1.7 allow any glazed portions of the Lot or the common property that surrounds the
Lot to be tinted or otherwise treated with the effect that the visual
characteristics of the glazing will detrimentally change; and

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 13.1.8 install any external wireless, television aerial, receiver, satellite dish or receiver
or any other apparatus that can be viewed from the exterior of the Building.
13.1.9 install any air conditioning or heating unit in a Lot other than in a place
nominated by the Owners Corporation and in keeping (as determined by the
Owners Corporation) with the original design for air conditioning services and
plant in the Building.
13.1.10 install any pipes, wiring, cables or the like to the external face of the Building
or on common area unless approved or granted a licence by the Owners
Corporation or Manager.
13.1.11 install, leave or place on any terrace, veranda, balcony or common property
any item including (without limitation) a barbeque, outdoor heater, pots,
plants or shrubs which cause a nuisance or which can be seen from common
property, another Lot, by the general public from street level unless approval
is obtained from the Manager and Lot owners that can see the item and the
appearance is with the keeping of the general building appearance.
13.2 A Proprietor or occupier of a Lot must not paint, finish or otherwise alter the external
facade of the Building, any veranda or external area to a Lot or any improvement
forming part of the common property.
13.3 A Proprietor must repaint the exterior of their Lot including balconies at the direction of
the Owners Corporation to that effect but the finish and colours is to be consistent with
the existing exterior of the Building.

14. RUBBISH
14.1 A Proprietor or occupier of a Lot must not deposit, store or throw garbage onto the
common property except into a receptacle or area specifically provided for that
purpose.
14.2 A Proprietor or occupier of a Lot must dispose of garbage in the manner specified by
the Owners Corporation from time to time but otherwise:

14.2.1 recyclable items, without limitation, paper, cardboard and plastic as from time
to time nominated by the Owners Corporation must be stored in the area
designated for the items by the Owners Corporation; and
14.2.2 all cardboard boxes and packaging must be broken down and neatly packed in
the garbage area; and
14.2.3 glass items must be completely drained, cleaned and deposited in unbroken
condition in the area designated for such items by the Owners Corporation; and
15. OWNERS CORPORATION CONSENT

A consent given by the Owners Corporation under these rules will be at the discretion
of the Owners Corporation and can be revocable and may be given subject to
conditions including (without limitation), a condition evidenced by a minute of a
resolution that the Proprietor or occupier for the time being of the Lot to which the
consent or approval relates is responsible for compliance with the terms of the consent.

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16. COMPLAINTS AND COMMUNICATIONS

Any complaint or application to the Owners Corporation must be addressed in writing

to the Manager, or where there is no Manager, the secretary of the Owners
Corporation.
17. COMPLIANCE
17.1 A Proprietor or occupier of a Lot must take all reasonable steps to ensure that invitees
of the Proprietor or occupier comply with these rules and in default take all reasonable
steps to ensure that their invitees leave the Building.
17.2 A Proprietor of a Lot which is the subject of a lease or licence agreement must take all
reasonable steps, including any action available under the lease or licence agreement,
to ensure that any lessee or licensee of the Lot and any invitees of that lessee or
licensee comply with these rules.
17.3 A Proprietor or occupier of a Lot must at the Proprietor's or occupier's own expense
promptly comply with all laws relating to the Lot including, without limitation, any
requirements, notices and orders of any governmental authority.
17.4 A Proprietor or occupier of a Lot must not use the Lot for any purpose that may be
illegal or injurious to the reputation of the development comprised of the Lots and the
common property or which may cause a nuisance or hazard to any other Proprietor or
occupier of a Lot or their representative invitees.
18. BUILDING AND CONSTRUCTION
18.1 A Proprietor or occupier of a Lot must not unless it is the Developer undertake any
building works within or about or relating to a Owners Corporation Member's Lot
except in accordance with the following requirements:

18.1.1 Such building works may only be undertaken after all requisite permits,
approvals and consent under all relevant laws have been obtained and copies
of which have been given to the secretary of the Owners Corporation and then
strictly in accordance with those permits approvals and consents and any
conditions thereof;
18.1.2 The Proprietor or occupier of a Lot must at all times ensure that such works
are undertaken in a reasonable manner so as to minimise any nuisance
annoyance disturbance and inconvenience from building operations to other
Lot owners and occupiers;
18.2 The Proprietor or occupier of a Lot must not proceed with any such works until the
Proprietor or occupier:
18.2.1 Submits to the Owners Corporation plans and specifications of any works
proposed by the Proprietor or occupier which affect the external appearance of
the building or any of the common property or which affect the building
structure or services or the fire or acoustic ratings of any component of the
building; and
18.2.2 Supplies to the Owners Corporation such further particulars of those proposed
works as the Owners Corporation may request and as shall be reasonable to
enable the Owners Corporation to be reasonably satisfied that those proposed
works accord with the reasonable aesthetic and orderly development of the

Page 13 of 18
 total building and do not endanger the building and are compatible with the
overall services to the building and the individual floors; and
18.2.3 Receives written approval for those works from the Owners Corporation, such
approval not to be unreasonably or capriciously withheld but which may be
given subject to the condition that the reasonable costs of the Owners
Corporation (which cost may include the costs of building consultants
engaged by the Owners Corporation to consider such plans and specifications)
by the Proprietor or occupier and such approval shall not be effective until
such costs have been paid;
18.2.4 Pays such reasonable costs to the Owners Corporation for such consent
application;
18.3 The Proprietor or occupier of a Lot must ensure that the Proprietor or occupier and the
Proprietor or occupier's servants agents and contractors undertaking such works
comply with the proper and reasonable directions of the Owners Corporation
concerning the method of building operations, means of access, use of common
property and on-site management and building protection, and hours of work (and the
main building entrance and lobby must not be used for the purposes of taking building
materials or building workmen to and from the relevant Lot unless the Owners
Corporation gives written consent to do so) and that such servants agents and
contractors are supervised in the carrying out of such works so as to minimise any
damage to or dirtying of the common property and the services therein.
18.4 Without limiting the generality of the above sub-paragraph the Proprietor or occupier
of a Lot must ensure that the Proprietor or occupier and the Proprietor or occupier's
servants agents and contractors undertaking such works observe the following
restrictions in respect of the works:
18.4.1 building materials must not be stacked or stored in the front side or rear of the
Building;
18.4.2 scaffolding must not be erected on the common property or the exterior of the
Building;
18.4.3 construction work must comply with all laws of the relevant statutory
authorities;
18.4.4 the exterior and common property of the Building must at all times be
maintained in a clean tidy and safe state
18.4.5 construction vehicles and construction workers' vehicles must not be brought
into or parked in the common property.
18.5 Before any of the Proprietor or occupier's works commence the Proprietor or occupier
must:
18.5.1 cause to be effected and maintained during the period of the building works a
contractor's all risk insurance policy to the satisfaction of the Owners
Corporation; and
18.5.2 deliver a copy of the policy and certificate of currency in respect of the policy
to the Owners Corporation;
18.6 Access shall not be available to other Lots on the plan or common property on the plan
for the installation and maintenance of services and associated building works without

Page 14 of 18
 the consent or licence of the owner of the relevant Lot or of the Owners Corporation in
the case of common property;
18.7 The Proprietor or occupier of a Lot shall immediately make good all damage to and
dirtying of the building, the common property, the services thereto or therein or any
fixtures fittings or finishes thereof or therein which are caused by such works and if the
Proprietor or occupier fails to immediately do so the Owners Corporation may in its
absolute discretion (or if the Proprietor or occupier fails to do so within a reasonable
period of time) must make good the damage and dirtying and in that event the
Proprietor or occupier shall indemnify and keep indemnified the Owners Corporation
against any costs or liabilities incurred by the Owners Corporation in so making good
the damage or dirtying;
18.8 The Proprietor or occupier of a Lot must forthwith within 7 days make good any
damage occasioned to the building or the common property, the services thereof and
all fixtures, fittings and finishes resulting from such works or (at the Owners
Corporation's election) to reimburse to the Owners Corporation the cost incurred or to
be incurred by the Owners Corporation in making good any such damage;
19. SERVICES
The water closets, conveniences and other water apparatus including waste pipes and
drains shall not be used for any purpose other than those which they were constructed,
and the sweeping of rubbish or other unsuitable substances shall not be deposited
therein. Any costs or expenses resulting from any damage or blockage or repairs shall
be upon demand borne by the Lot owner or occupier causing the damage or blockage.
20. ACCESS
20.1 Except in the case of an emergency (in which case no notice shall be required) upon one
(1) days notice in writing the Owners Corporation or the committee of the Owners
Corporation and its servants, agents and contractors shall be permitted to inspect the
interior of any Lot and test the electrical, gas or water installation or equipment therein
and to trace and repair any leakage or defect in the said installations or equipment (at the
expense of the Lot owner in cases where such leakage or defect is due to any act or
default of the said Lot owner of his or her invitees). The Owners Corporation, in
exercising this power shall ensure that its servants, agents and employees cause as little
inconvenience to the Lot owner or occupier as is reasonable in the circumstances.
20.2 The Proprietor agrees immediately in the case of an emergency or otherwise on seven
(7) days notice to provide unconditional access to the Lot or over the Lot for the
purposes of repairs and maintenance of the building and for service providers. The
Proprietor must give or cause any tenant they have grant this access promptly.
20.3 For the purposes of any window cleaning in the building, the Proprietors of all Lots will
provide access on seven (7) days notice to enable window cleaners to attach ropes and
clean the windows of the building.
20.4 If access is not provided by these times, on a further written notice being provided the
Manager may obtain access pursuant to these provisions without liability and obtaining
such access for the purposes of this clause is not a trespass nor does it give rise to any
civil action.
21. BREACH
21.1 Any breach of a rule or regulation will entitle the Owners Corporation to issue
proceedings.

Page 15 of 18
21.2 The Proprietor or occupier of a Lot shall on demand compensate the Owners Corporation
in full in respect of any damage to the common property or property of the Owners
Corporation caused by that Proprietor or occupier or their respective tenants, licensees or
invitees.
21.3 The Proprietor or occupier of a Lot shall on demand pay all costs including legal costs of
the Owners Corporation incurred by the Owners Corporation as a result of any breach of
any rule.
21.4 The Proprietor or occupier of each Lot shall (jointly and severally) indemnify, release
and hold harmless the Owners Corporation in relation to all or any costs, expenses,
actions, liabilities and / or damages that the Owners Corporation may suffer, sustain or
incur as a result of any breach by the Proprietor or occupier (or any of their agents,
contractors, invitees and workers) of these rules. The indemnity or release will not
merge or terminate as a result of a Proprietor not owning any particular Lot anymore or
an occupier not occupying any Lot anymore.
22. SMOKING
There shall be no smoking allowed in, on or around common areas including without
limitation stairwells and rooftops and in and around the Buildings except smoking is
permitted on balconies and verandas provided it does not cause a nuisance to other
occupiers of the Buildings.

23. OWNERS CORPORATION ADDITIONAL POWERS

The Owners Corporation (or its predecessor) may subject to the Owners Corporation
legislation with or to the Developer or others grant or enter into agreements, licences,
leases or easements (“the agreement”) in relation to any common areas in any part of the
Building. To the extent of any inconsistency between the Additional Rules and the
agreement, the agreement shall prevail.
24. CAR PARKS / STORAGE COSTS
24.1 CLEANING OF CAR PARK AND STORAGE LOTS
24.1.1 A Proprietor or occupier of a Lot must keep the car park and storage Lot clean and in
good repair and free of oil, dirt or otherwise ensure its car parking space(s) and nearby
property are free of oil and like substances. The Owners Corporation reserves the right
to clean any common property near his or her car space or storage Lot which is stained
by oil, petrol or a like substance and charge that Proprietor or occupier for the cost.
The Owners Corporation will give fourteen (14) days notice of its intention to do such
cleaning.
24.1.2 Upon the request of the Owners Corporation or Manager, a Proprietor or occupier of a
Lot must provide the Owners Corporation the name, mark and registration of each car
owned or regularly used by a Proprietor, occupier or employee of a Lot owner.
24.1.3 A Proprietor or occupier of a Lot must not park in any car park or building not
designated to them.
24.1.4 A Proprietor or occupier of a Lot acknowledges that they park their car in the car park,
common area or building at their own risk and the Owners Corporation and Manager
takes no responsibility of same.
24.1.5 A Proprietor or occupier of a Lot must not wash, service or repair vehicles in the car
park or common area.
Page 16 of 18
25 RUBBISH / STORAGE IN CAR PARK LOTS
25.1 A Proprietor or occupier of a Lot must not keep or store or deposit garbage, bottles,
newspapers or rubbish or any articles or items on or in a car park Lot or throw garbage
onto the common property except into a receptacle or area specifically provided for
that purpose.
25.2 No storage in a car park Lot is allowed except with the Owners Corporation’s prior
written consent.
26. VEHICLES AND BICYCLES
26.1 A Proprietor or occupier of a Lot must not park or leave a vehicle on common property
so as to obstruct any driveway or entrance to a Lot, or in any place other than in
parking areas specified by the Owners Corporation from time to time and must observe
any parking directions given orally or published by the Manager from time to time in
respect of parking.
26.2 A Proprietor or occupier of a Lot must not park or permit to be parked any vehicle,
trailer or motor cycle other than within the Lot or parking spaces designated by the
Owners Corporation and the Owners Corporation reserves the right to remove
offending vehicles, trailers or motor cycles.
26.3 A Proprietor or occupier of a Lot must not permit anyone to park in a space allocated for
visitor parking where provided where the purpose of the visit is to attend a property
other than on the Land.
26.4 A Proprietor or occupier of a Lot must not permit a visitor of their Lot to use those
spaces allocated for visitors parking where provided for more than 24 hours without
prior permission from the Owners Corporation or the Manager.
26.5 A Proprietor or occupier of a Lot must not park within those allocated spaces for visitors
parking (where provided).
26.6 A Proprietor or occupier of a Lot must not:
26.6.1 permit any bicycle to be brought into a Lot or the foyer, stairwells,
hallways, garden areas, walkways, balconies or other parts of the common
property as may be designated by the Owners Corporation or its Manager
from time to time;
26.6.2 permit any bicycle to be stored other than in the areas (if any) of the
common property that may be designated by the Owners Corporation or its
Manager for such purpose and fitted with bicycle racks from time to time;
26.6.3 build or install any roller door or similar device or caging without the
Owners Corporation’s prior written consent;
26.6.4 drive at a speed limit over 5km/h; and
26.6.5 park more than one car in one car park spot / Lot.

27. SIGNS ON OR IN CAR PARK LOTS

A Proprietor or occupier of a Lot must not allow the erection of any car park signage
unless it is first approved in writing by the car park Manager and the Owners

Page 17 of 18
 Corporation.
28. INDEMNITY

The Member indemnifies and releases the Owners Corporation and Manager from all
claims, costs, damages, actions and expenses as a result of a breach of these Owners
Corporation rules.
29. MAIL / NEWSPAPER DELIVERY

The Members must keep clear on each and every day any mail receiving box and / or
newspaper receiving receptacle of all mail, leaflets, circulars, pamphlets, newspapers,
advertising and promotional literature or material or any other objects whatsoever
whether solicited or not, and must arrange for all such required clearance by other
persons should a Member or the occupier of a Member’s Lot be absent for any reason
for any period of more than one (1) day notwithstanding that this requirement may be
waived entirely or otherwise amended by the Owners Corporation provided that any
such waiver or amendment is obtained from the Owners Corporation in writing not less
than seven (7) days prior to date or dates for which such waiver is required.
30. LEGAL COSTS & ACTIONS
A Member must pay on demand by the Owners Corporation, all legal costs and / or
professional fees on a solicitor-own client basis which the Owners Corporation pays,
incurs or expends as a consequence of any default by the Member, the Member’s
Occupier, or any guest, invitee or licensee of the Member or Occupier, in the
performance or observance of any term, covenant or condition contained in these rules,
including but not limited to recovery of fees.

Page 18 of 18
 Biotopia Environmental Assessment Pty Ltd
ABN 69 630 650 243
Dr Wesley D. Black
102 Eleanor Street, Footscray, Vic
0425 736 996
5 info@biotopia.net.au

Biotopia
Environmental ENVIRONMENTAL ASSESSMENT REPORT
Assessment

Biotopia Report ID: 211214-0 Kew

Address: U3 / 1245 Burke Rd, Kew VIC
10 Property Rep.: Ms Efi Condovrakis, CPSM, Ace Body Corp Mgmnt
Date of Attendance: 22 Dec 2021
Date of Report: 28 Jan 2022

EXECUTIVE SUMMARY
15 The master bedroom far corner (south-east corner of southernmost room; LHS of room at the
sliding doors) is wet, mouldy and infested with insects typical of such situations, and highly
allergenic. Likely water ingress from above into wall cavity, but other sources cannot yet be
ruled out, including residual moisture after recent repairs to waterproofing above, leaking
sliding door, leaking capping on wall dividing courtyard gardens, waterproofing on balcony
20 immediately upstairs, or the apartment adjacent to the south, or upstairs and adjacent to the
south, etc. Please see Image sets #6 and #7, pages 21-25.
Adjacent bathroom to the north of the master bedroom has a leaking shower in the north-west
corner, far from the wet master bedroom corner, hence this is unlikely to be the source of
moisture in the master bedroom.
25 Poor ventilation in that bathroom and adjacent laundry. Very likely a non-functional exhaust
fan shared by both rooms.
Remediation required to the master bedroom far corner in particular, namely strip-out of wall
panels from floor to ceiling at least, and at least several bays laterally.

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 Biotopia Environmental Assessment Pty Ltd
30 INSTRUCTIONS
Prior to assessment of this property, Biotopia was requested to investigate and provide a report
on the following / interpreted thus:
1. Is there a significant mould or moisture ingress problem?
2. If there is a problem, what may be causing it?
35 3. Suggest a strategy for the remediation of the above issues.

BACKGROUND
From information given verbally by the owner/representative and from initial general visual
impressions:
40 • The structure is an apartment on the ground floor next to a busy road with several storeys
above them; two bathrooms, open-plan kitchen / living area, concrete slab flooring.
• Occupants included an adult couple.
• The owners stated that a number of water ingress events had occurred and there was a
pervasive smell of mould in the master bedroom.
45 • I declare that none of the occupants nor representatives are known to me aside from this
sole professional interaction, and that I have no conflicts of interest nor vested interest, and
that I have an agreement for the payment of all my professional fees in advance regardless
of the outcome of this report. I do not operate nor have financial interests in any remediation
or similar cleaning or repair business. I am guided by the published best-practise standards
50 and guidelines for physically testing mould/fungi and moisture. This is therefore a true and
accurate report to the best of my knowledge.

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 Biotopia Environmental Assessment Pty Ltd
OBSERVATIONS
1. MOULD: see Tables Significant mould and insects found under the carpet in the
corner of the master bedroom. Some signs of mould
elsewhere such as on the fridge, likely drifted / settled from
the master bedroom corner.
2. TEMPERATURE & Outside: 24.6°C, 43.7%RH = 9.88 g/m3; Dew point 11.5°C
HUMIDITY
Inside: 26.5°C, 57.4%RH = 14.44 g/m3. DP 17.4°C
Hence, significantly more humid indoors; at risk of
condensation most nights of the year, and some days.
Indicates poor ventilation relative to moisture sources.

3. MOISTURE by meter Damp in M’bed corner; also the adjacent bathroom

at/around shower and under tiles.

4. SIGNS OF MOISTURE Minimal in general aside from master bedroom far corner.

5. CONTENTS CONDITION 1 (normal), but some settled spores / dusts that

ought to be cleaned in most areas.
Except: master bedroom that has an insect infestation and
consequent contamination with highly allergenic materials
in addition to mould, hence Condition 2 (settled dusts)
requiring remediation / specialist cleaning.

6. VENTILATION Presence of reasonably well placed exhaust fans, but not

serviceable in laundry and adjacent bathroom.
No signs of mould on bathroom ceilings, etc.
Rangehood seems OK.

7. HEPA-FILTERED AIR N/A

FLOW IN CONTAINED
AREA >4 chg/hr

8. AIR FLOW TO N/A

SUBFLOOR adequate
(³6000 mm2/m)

9. ODOUR Mouldy in master bedroom.

10. THERMOGRAPHY Some thermal features consistent with current moisture in

M’bed wall / far corner.

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 Biotopia Environmental Assessment Pty Ltd
11. DAMAGE TO Various untreated damage seen in M’bed far corner.
STRUCTURE, CONTENTS
FROM MOULD,
MOISTURE
12. CHEMICALS AND None seen
OTHER HAZARDS

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 Biotopia Environmental Assessment Pty Ltd
55 CONCLUSIONS
1. Is there a significant problem?
a. Yes, there is a problem in the master bedroom in the far corner, being wet, mouldy, infested
with what could be dust mites (as is typical of this situation).
b. There is a separate problem in the bathroom adjacent to the master bedroom, far from the
60 notably wet corner, instead being consistent with the shower leaking into the wall and under
the floor tiles.
c. There is also very poor airflow from the laundry and adjacent bathroom via the shared
exhaust duct, presumably a broken fan. This would make the apartment humid even without
leaks due merely to normal occupant activities.
65 d. Other leaks elsewhere in structure visible in the carpark. This may be worth investigating
and rectifying to limit the amount of water damage caused from it flowing through concrete
above the Galvanised steel formwork and pooling until sufficient corrosion occurs to allow
some of the water to drain out. This would cause mould and damage from vapour diffusion
upwards within walls, under carpets, etc., in multiple apartments and likely in communal areas,
70 possible corrosion/damage/shifting of structural elements, walls, etc.

2. If there is a problem, what may be causing it?

a. Master bedroom: water ingress from above into wall, flowing down into the south-east corner
and flowing laterally westwards along the skirting and likely in the wall.
75 b. Bathroom adjacent to the master bedroom: shower leak into walls either side, under floor
tiles, etc.
c. Laundry and bathroom: broken fan and/or wiring. Ideally there’d be provision for air intake
/ makeup air to prevent the exhaust fans ‘stalling’, facilitating a consistent flow of air to flush
out moisture / vapour and combustion gases, exhaled carbon dioxide, odours, etc.
80 d. Multiple leaks in various locations throughout the complex flowing laterally over the metal
Bondek likely quite some distance before pooling and corroding through the galvanised steel
or similar metallic sheeting. This is evidenced by the water drips, puddles, corrosion, mineral
efflorescence and stalactites in the underground garage.

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 Biotopia Environmental Assessment Pty Ltd
85 3. Suggested brief strategy for remediation of above issues based on Results and IICRC
/ ANSI s500 and s520 Standards.
3.1.Record-inventory / remove / remediate-wash / wrap (or discard) all contents items
including clothing, bedding, toiletries/cosmetics, cookware, food items, pictures/paintings,
furniture, window coverings/blinds/curtains, rugs, etc., and store in a clean, safe, dry,
90 temperature controlled location ideally verified mould-free. The study may be suitably dry
to do this.
3.2.Strict containment protocols as per standard, including: warning signs (ideally with date
and contact name/mobile phone number); appropriate PPE with documentation of
respirator filters being in-date; keeping health and site access/visitor logs; prohibition of
95 any non-remediation personnel entering during remediation works; use of multiple
containment cells via sealed plastic sheets, zip-doors, air pressurisation / flow balancing,
HEPA filtration, etc. Ideally the zip-doors will be the L- or U-type that allow easy
movement of personnel and large equipment through them, and are easy to zip shut, perhaps
even self-seal with magnetic strips as long as they can hold at least 20 Pa pressure
100 differential and/or strong outdoor wind events. Replenishment HEPA filters through the
barriers and zip-doors ought to be considered to prevent over-pressurisation without
compromising filtration.
3.3.Identify and repair the source/s of moisture ingress if not already so done.
3.4.Seal up HVAC ductwork, vents, louvers, registers, electrical appliances (ovens, fans, etc.),
105 fixtures/fittings (inc. lights, power-points, switches, ports, conduits), and/or remove them
3.5.Master bedroom, far wall: remove skirting boards and plasterboard wall panels from floor
to ceiling and remediate surfaces. Discard any fibrous insulation. Check any membranes
on both sides for staining/damage/possible growth/signs of condensation
Note: humid air rises up within the wall cavities and thus mould often grows high within the
110 cavity, but is usually not visible as normal for most moulds. For internal walls with panels on
both sides, removing only one side’s panels may be sufficient as the back side of the other will
be exposed for remediation/inspection, provided the panel is not significantly damaged / non-
salvageable.
3.6.Replace rotten baseplates, bases of studs within cavities, cleaning/remediating underneath
115 each. Seek advice from a suitable engineer/builder re. structural load-bearing elements.
3.7. Bathroom adjacent to master bedroom: take out shower base, etc., surrounding wall
panels, tiles, etc., and remediate/dry.
3.8. Clean, remediate, scrub, HEPA vacuum, wet-wash, mop, etc., all exposed surfaces
including ceilings, walls, pelmets, windowsills, doors, floors AND all remediation
120 equipment (dehums, air movers, HEPA units, etc.)
3.9. Continue to dry the slab and wall/s completely
Note: watch for the two-phase drying profile and long 'tail-end' of drying typical of masonry,
thick timbers. Air movement and many dehums helps 'wet' phase, but only heat helps 'damp'
phase, and fewer dehums / air-movers are required. Monitor the air temp and humidity. It is
125 possible drying of the walls and floors will take 2-3 weeks. Careful attention ought to be paid
to the likely adsorption of humidity by various hygroscopic building materials throughout the
entire structure including structural concrete walls/floors/underside of floor above that are
hidden behind panels, the plasterboard panels themselves, timber frames (if any). The ABCB
Condensation in Buildings Handbook Section 4.8 suggests there would be perhaps 200-400
130 litres of hygric capacity above normal outdoor equilibrium that may need to be removed,
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 Biotopia Environmental Assessment Pty Ltd
having soaked into the materials while humidity was very high for an extended time. Not doing
so tends to cause failure of new materials placed near them and a return of mould and insects.
3.10. After 48-72 hrs, repeat micro-detail clean, then allow at least 24 hrs before clearance
sampling by IEP
135 3.11. Have an independent IEP (IIEP) collect samples and perform a post-remediation
verification (PRV) get a valid PRV certificate (as per IICRC s520 sections 12.2.1, 12.2.2,
15, 16; s500, 12.5.9, etc.) Do not attempt to collect samples or perform PRV yourself as
this could be deemed a ‘conflict of interest.’
3.12. Only after receipt of the valid PRV certificate should containment be taken down and
140 site control formally passed to the Repair-Builder (R-B) for rebuilding works.
3.13. R-B ought not to have to remove any panels, architraves, floor coverings, skirtings,
tiles, window frames, etc., as these should have already been removed by the remediator at
the R-B’s request, just in case pockets of mould/rot or mould-contaminated dusts are
released without HEPAs in operation, personnel not wearing PPE, etc., and hence re-
145 cleaning required.
3.14. Consider installing an air-replenishment inlet vent in the living room and/or bedroom
that is/are suitably dust- and sound-resistant possibly by two 90° elbows and sound-
absorbing materials, and a filter, and able to have the maximum sum total air flow extracted
from the apartment flowing through it/them without significant restriction or eventual
150 blockage with dusts.
3.15. Wiring, power points, junction boxes, electrical fittings, motors/fans, metal pipes,
brackets, frames, ductwork, etc., ought to be tested by a suitably qualified professional,
especially in formerly damp areas likely to have had corrosion.

155

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 Biotopia Environmental Assessment Pty Ltd
OTHER NOTES
Methods used in the preparation of this report may have included but is not limited to, and in
accordance with common practice in monitoring environmental surfaces in industry:
- Use of ‘sterile technique’, disinfection of hands, equipment before and after use, and due
160 diligence to avoid cross-contamination. 400-hole plate was cleaned by warm ultrasonic bath
in RO water with detergent every two weeks, and cleaned onsite with single-use alcohol-
based lens cleaning wipes to avoid residue build-up.
- Viable surface samples: Sterile cotton fibre tipped swabs, 10 cm2 area, immediately
inoculated onto agar media onsite. For transport or storage prior to inoculation, dry sterile
165 cotton tipped swabs in their own sterile tubes were used dry and kept dry and cool (or no
more than room temperature) and away from radiant heat / light.
- Total surface samples: Where possible, as per ASTM D7658-17. Zefon ‘Bio-Tape.’ Total
sample area 25.4 mm x 16 mm = 4.1 cm2. Total counted area at 400x was 0.119 cm2 (approx.
3% of total sample area), by ‘no-overlap’ method (63 discrete non-overlapping adjacent
170 FoV, being 31.5 FoV/row x 2 rows; rows were typically separated by some distance and not
adjacent) hence raw numbers of particles counted from inner red lines on Bio-Tape were
converted to ‘per cm2’ by x8.42
- Viable airborne fungal particles: A calibrated SKC ‘QuickTake30’ unit with an Andersen
single-stage 400-hole impactor at 30 L/min, 5 min hence 150 L of air (= 0.15 m3).
175 Calculation of raw-count viable airborne fungal numbers were (via pre-prepared lookup
table) pre-factored for use of plastic Petri dishes (1.25x). as per Andersen, J Bacteriol. 1958
November; 76(5): 471–484, then Andersen Table 1 was applied, then expressed as ‘per m3
’ by /0.15 and rounding to nearest integer.
- Total airborne particle sample collection as per ASTM D7788-14: A calibrated SKC
180 ‘QuickTake30’ unit at 30 L/min, 5 min hence 150 L of air (= 0.15 m3), and a fresh Zefon
‘Air-O-Cell’ cassette unit that was then re-sealed. Analysis as per ASTM D7391-20:
examined microscopically at 400x, counting 100% of the sample as per 12.3.8.1c, and thus
converting from raw numbers per sample to ‘per m3 ‘ by /0.15
- Agar media: “SabGC” agar media in plastic Petri dishes were used and cultured for 3 days at
185 27°C with periodic examination and photography if practicable. Raw counts were converted
from 10 cm2 sampled to 100 cm2 by x10
- Microscopy: Radical RXLr-3 at 40x/100x/400x/1000x with Cotton-Blue (CB) staining,
proprietary epifluorescence, and/or phase-contrast/oblique lighting, bright-field, oil-
immersion, Gram-stain and other techniques as required. Calibrated periodically (490 µm
190 diameter FoV at 400x). Images shown are not the complete FoV for technical limitation
reasons, and are used for illustrative/confirmation purposes rather than exhaustive.
- Thermography: Testo 875-2 thermographic camera with SuperResolution module active.
- Moisture, temperature, humidity: Testo 606-2 two-prong moisture/humidity meter and/or
Testo 616 non-pin meter set to F1 (softwood) for pine, F2 (hardwood) for non-pine likely
195 hardwood timbers, F3 (chipboard) for yellowtongue and similar composite products, M3
(concrete) for tiles, concretes, screeds, etc., and M4 (solid brick) as apt., and always with
multiple test locations and in-field comparisons of likely-dry areas of the same material.
Readings are hence comparative/relative rather than absolute to allow for exact composition,
salts, paints/varnishes and similar variations.

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 Biotopia Environmental Assessment Pty Ltd
200 - References include: CDC, USA guidelines (2003); US ACOEM 2002; Australian NHMRC
EH32, others; Aust. EPA guidelines; WHO Guidelines for IAQ – Dampness and Mould,
2009, ISBN 978 92 890 4168 3; Australian Standards, Building code of Australia, ISO and
other relevant recognised guidelines wherever possible including ASTM D7391-20, D7788-
14, D7789-12, D7440-08, D7338-14, D7910-14, D7658-17, and peer-reviewed publications
205 in scientific journals such as WD Black PLoS One. 2020 Dec 18;15(12):e0238901. doi:
10.1371/journal.pone.0238901. See http://www.biotopia.com.au
N.B.: Mould will only grow in response to moisture on a suitable food source, producing a
great number of live / viable spores. These spores can then spread like dust in small air currents
and movement of people and contaminated items, being viable for a number of months but not
210 growing unless a suitable damp food source is settled upon. People can inhale these spores and
other mould-associated particles and become increasingly allergic over time, especially if the
spores are viable and the person is susceptible to allergies. If a person is significantly
immunocompromised or otherwise unwell, there is a risk of infection by some types of moulds
that may or may not be present in any particular house. Other organisms such as house dust-
215 mites, carpet-beetles, springtails, etc., may however also grow to significant numbers and elicit
significant allergies under similar conditions. Note: high OA, DS, IS scores and/or lack of AE,
especially with low viability suggests fungal counts are from mere accumulation of seasonal
dusts over time rather than a true fungal growth event.

220 Dr Wesley D. Black

BSc (Melb), Grad Dip Biotech (Melb), Grad Dip Ed (RMIT), PhD (Melb),
Member of the Australian Society of Building Consultants (ASBC), Australian Society for
Microbiology (MASM), Building Dispute Practitioners’ Society (BDPS), Metrology Society
of Australia (MSA), Australian Mycology Society (AMS), Indoor Air Quality Association,
225 Australia (IAQAA, Secretary 2019).
Dr Black is proficient in environmental assessments and is a qualified, recognised
microbiologist with a PhD in that field. This report is intended to be used in conjunction with
civil engineering consultant and other building professional reports as deemed suitable by the
insurer and legal bodies.
230 Copyright © Biotopia, 2022. Use of information and extracts of this report is unauthorised
unless the entire report is reproduced in full with written permission from Biotopia and
payment is complete. Biotopia reserves the right to use information and images for educational,
informational and promotional purposes.
Biotopia maintains the integrity of its reports but cannot be held responsible for inaccuracies
235 or omissions due to inability to access all areas at the time of assessment, or subsequent actions
by other parties that may have interfered with physical parameters, such as the opening up of
formerly inaccessible enclosed areas that were damp, mouldy, rotten, or otherwise
contaminated. Without prejudice.

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 Biotopia Environmental Assessment Pty Ltd
240 APPENDIX 1 - TABLES
1) VIABLE Airborne and Surface fungal counts by culture
Location Colony Identified fungi (CFU)
Forming
Units

ascomycete

Rhizopus / Mucor.
X. Phyllo/Phoma
4. basidiomycete

6. Cladosporium

X. Trichoderma

X. Zygomycetes
(CFU)

11. Ulocladium

X. Chrysonilia
3. Aspergillus

3. Penicillium
1. Alternaria \

7. Curvularia

X: yeasts
(undiff.)
2.
/ /
AIRBORNE sample m3
AV
01 Control: 20 180 2 3 2 3 7 1 1 1
outdoors, upwind
prior to entry
02 carpark 28 247 3 2 2 12 7 2
03 entry 13 113 1 2 4 1 1 4
04 master 11 100 6 1 3 1
bedroom
/ /
SURFACE sample 100
SV cm2
01 top of fridge 32 320 3 25 4
02 study, <1 <10
bookshelf
03 laundry 7 70 5 2
04 master bed, <1 <10
bedhead
05 m/bed, corner, >500 > ~30 * > 400 ~70 ~50
under carpet, s/sg **** 5000 ter ***
* ****

NOTE: Not useful for detection of some moulds such as Chaetomium and Stachybotrys.

245

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2) TOTAL Airborne and Surface fungal counts by direct microscopy
Location Sum fungal Identified particles (Units or coverage)
structures

ascospores

fibre,
Myxo

10. Stachybotrys
6. Cladosporium

Hair, fur, dander

Other comments
4. basidiospores

8. Drech. Bipol.
11. Ulocladium

5. Chaetomium
1. Alternaria /

3. Pen. / Asp

7. Curvularia

wood, textile
Mineral grit
smut

Vegetable
Periconia
(undiff.)

Pollen
2.

9.
/ /
AIRBORNE sample m3
AT
01 Control: 46 307 6 32 1 4 3 + ++ +
outdoors, upwind
prior to entry
02 entry 67 447 14 53 * + ++ ++ ++ 4IS

03 master ~100 667 ~40 ~60 ++ ++ ++ +++ 4IS

bedroom * * ++ ++
+
*1
/ /
SURFACE sample cm2
ST
01fridge 71* 598 2 67 * 2 + -/+ + ++
02 laundry 12 101 2 10 + -/+
03 master bed, 6 51 1 5 -/+ + +
wall,
04 master bed, >> >> >> ++ + 5IS
under carpet in 500 5000 500 mites
corner at window, **** ****
s/sg * *

*1: clay mineral particles; clear, flat, often crystal-like plates, pleomorphic but often
250 hexagonal or octagonal, or otherwise regular obtuse angled corners approx. 120°-135°

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KEY Table 1 – VIABLE AIRBORNE FUNGAL PARTICLE COUNT relative to
Outdoor Air (OA) and (generally recognised historical mean numbers)

Rating Comments

Load category
CFU/m3

*1
Not May indicate lack of growth on media, lack of detection cf. actual absence
Detected
(Low) + Only practically possible with HEPA filtration, >7 air-changes/hr and positive pressure
Normal <OA ++ Slightly less than outdoor air, with range of organisms, no dominant species
(<500)
Elevated ≤2OA +++ Esp. if a species is dominant, or small numbers of species of similar xerophelicity. Check
(≤1000) spore viability and materials moisture. Respirators recommended in addition to appropriate
PPE if airborne over a substantial area. A preponderance of similar spores, thus of an
aberrant ecology but normal or low number may be considered ‘Elevated’
High >2OA +++ As above. The source of mould and moisture should be identified and addressed.
(>1000) + Containment and full PPE recommended if airborne over a substantial area. Clean tools,
equipment, exposed items when leaving site. A preponderance of similar spores, thus of an
aberrant ecology but ‘Elevated’ number may be considered ‘High’
Very High >2OA +++ As above. If airborne over a substantial area, remove occupants and workers without PPE,
(>5000) ++ especially with predisposing respiratory and/or immunocompromisory conditions,
(+AE) chemotherapy, asthma, severe allergies, etc. Monitor for infection with known pathogenic
species such as Aspergillus fumigatus. Log eye, nose, throat, lung, skin conditions and seek
medical attention as appropriate. A preponderance of similar spores, thus of an aberrant
ecology but ‘High’ number may be considered ‘Very High’
AE = Aberrant Ecology score, from “ ” (0 AE, normal) to “*****” (5 AE, highly aberrant),
being a preponderance of similar spores, likely to be clonal, and/or different types of organisms
255 of similar high water-activity (aw) requirements, and thus likely to be from the same active
growth area en masse. A normal ecology has a range of various organisms in relatively
balanced numbers, whereas an aberrant ecology may have a reduced range of organisms with
one or more ‘dominant’ mould types, which may be ‘moisture loving’ (high aw requirements)
and/or prefers consuming other moulds (e.g., Trichoderma), and/or potentially infectious
260 and/or mycotoxigenic. Shading colour is used to help indicate this in that aberrant ecology may
bump the classification into the next higher numerical class, shown as a lighter shade of that
higher class.
OA = Outdoor Air control/s and/or historical mean figures (Black, 2020).
Adapted from and/or as per Kemp & Neumeister-Kemp, “The Mould Worker’s Handbook”
265 (2010, 2nd ed.) and “The Australian Mould Guide” (2010, 2nd ed.)
*1: As adapted from ASTM D7658-17 and D7391-20 (total count) as a general representation
of relative abundance / surface area coverage.
"s" : spot sample, primarily to ID an organism in a restricted area or visible patch, not indicative
of the general area.
270 "g" : general sample, likely indicative of the general environment / broad area / room.
“sg”: indicative of a restricted area, e.g., under carpet, in cupboard.

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KEY Table 2 – TOTAL AIRBORNE PARTICLE COUNT, relative to Outdoor Air
(OA) and (generally recognised mean historical numbers)
Rating Comments

Load category
TC /m3

*1
Not May indicate lack of detection cf. actual absence
Detected
Low <OA/2 + Only practically possible with HEPA filtration, >7 air-changes/hr and positive pressure
(<100)
Normal <OA ++ Slightly less than outdoor air, with range of organisms, no dominant species / no aberrant
(<500) ecology evident
Elevated ≤2OA +++ Esp. if a species is dominant, or small numbers of species of similar xerophelicity. Check
(≤1000) spore viability and materials moisture. Respirators recommended in addition to appropriate
PPE if airborne over a substantial area.
High >2OA +++ As above. The source of mould and moisture should be identified and addressed.
(>1000) + Containment and full PPE recommended if airborne over a substantial area. Clean tools,
equipment, exposed items when leaving site.
Very High >2OA +++ As above. If airborne over a substantial area, remove occupants and workers without PPE,
(>5000) ++ especially with predisposing respiratory and/or immunocompromisory conditions,
(+High chemotherapy, asthma, severe allergies, etc. Monitor for infection with known pathogenic
AE) species such as Aspergillus fumigatus. Log eye, nose, throat, lung, skin conditions and seek
medical attention as appropriate
275 TC = Total Count via microscopy; all identifiable fungal structures including spores, hyphae,
conidiophores. Chains or clusters of small spores (Penicillium, Aspergillus, etc.), and/or
aberrant numbers of large heavy spores (Chaetomium, Stachybotrys, etc.) shall be regarded as
indication of nearby active growth
AE = Aberrant Ecology score, from “ ” (0 AE, normal) to “*****” (5 AE, highly aberrant),
280 being a preponderance of similar spores, likely to be clonal, and/or different types of organisms
of similar high water-activity (aw) requirements, and thus likely to be from the same active
growth area en masse. A normal ecology has a range of various organisms in relatively
balanced numbers, whereas an aberrant ecology may have a reduced range of organisms with
one or more ‘dominant’ mould types, which may be ‘moisture loving’ (high aw requirements)
285 and/or prefers consuming other moulds (e.g., Trichoderma), and/or potentially infectious
and/or mycotoxigenic. Shading colour is used to help indicate this in that aberrant ecology may
bump the classification into the next higher numerical class, shown as a lighter shade of that
higher class.
OA = Outdoor Air control/s
290 DS = Dust Score; particles including pollen, textile and mineral insulation fibres, dander, skin,
grit (non-fungal, non-insect)
IS = Insect Score from 0IS – 5IS; particles including wings, wing-scales, body parts, hairs,
carpet beetle larval/adult hairs (non-fungal, non-dust, non-textile)
*1: ASTM D7658-17 12.2.10.1 Fungal Loading Categories and 12.2.10.2 Non-Fungal Particle
295 Loading Categories.
Category designations are subject to interpretation with reference to the control sample/s and
other observations of aberrant ecology, mould types, surface area coverage.
Adapted from and/or as per Kemp & Neumeister-Kemp, “The Mould Worker’s Handbook”
(2010, 2nd ed.) and “The Australian Mould Guide” (2010, 2nd ed.) and the manufacturer’s
300 instructions (Zefon, Air-O-Cell).

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*1: ASTM D7658-17 12.2.10.2 Non-Fungal Particle Loading Categories. Designations are
subject to interpretation with reference to the control sample/s and other observations of
aberrant ecology, mould types, surface area coverage. Symbols rather than numbers are used
in order to avoid confusion with numbers of particles.
305 "s" : spot sample, primarily to ID an organism in a restricted area or visible patch, not indicative
of the general area.
"g" : general sample, likely indicative of the general environment / broad area / room. Default
assumption unless otherwise indicated.
“sg”: indicative of a restricted area, e.g., under carpet, in cupboard, subfloor, etc.
310 ‘Other Spores”: includes undifferentiated Ascospores, Basidiospores, Curvularia,
Myxomycetes, Periconia, similar looking smuts, Memnoniella, etc., as per ASTM D7658-17

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KEY Table 3 – VIABLE SURFACE FUNGAL COUNTS; 10 cm2 area via swab on 90
mm diameter Petri dish

Rating Comments

Load category
CFU/100 cm2

*1
*2

(Not May indicate lack of growth on media, lack of detection cf. actual absence
Detected)
Low <100 + Surface may have recently been wiped or washed
Normal <500 ++ Typically with a range of common outdoor organisms, no dominant species / aberrant
ecology
Elevated <1000 +++ Respirators recommended in addition to appropriate PPE. Avoid stirring dusts up including
use of HEPA air movers. Ideally use wet-washing techniques. A preponderance of similar
spores, thus of an aberrant ecology but normal or low number may be considered ‘Elevated’
High <2500 +++ As above. Containment and full PPE recommended if over a substantial area. Clean all tools,
+ equipment, exposed items, skin when leaving site. A preponderance of similar spores, thus
of an aberrant ecology but ‘Elevated’ number may be considered ‘High’
Very High ≥2500 +++ As above. If airborne over a substantial area, remove occupants and workers without PPE,
++ especially with predisposing respiratory and/or immunocompromisory conditions,
chemotherapy, asthma, severe allergies, etc. Monitor for infection with known pathogenic
species such as Aspergillus fumigatus. Log eye, nose, throat, lung, skin conditions and seek
medical attention as appropriate. A preponderance of similar spores, thus of an aberrant
ecology but ‘High’ number may be considered ‘Very High’
CFU = Colony Forming Units via culture
315 AE = Aberrant Ecology score, from “ ” (0 AE, normal) to “*****” (5 AE, highly aberrant),
being a preponderance of similar spores, likely to be clonal, and/or different types of organisms
of similar high water-activity (aw) requirements, and thus likely to be from the same active
growth area en masse. A normal ecology has a range of various organisms in relatively
balanced numbers, whereas an aberrant ecology may have a reduced range of organisms with
320 one or more ‘dominant’ mould types, which may be ‘moisture loving’ (high aw requirements)
and/or prefers consuming other moulds (e.g., Trichoderma), and/or potentially infectious
and/or mycotoxigenic. Shading colour is used to help indicate this in that aberrant ecology may
bump the classification into the next higher numerical class, shown as a lighter shade of that
higher class.
325 *1: As adapted from ASTM D7658-17 and D7391-20 as a general representation of relative
abundance. Category designations are subject to interpretation with reference to the control
sample/s and other observations of aberrant ecology, mould types, surface area coverage.
ASTM does not appear to have a standard for analysis of viable airborne or surface fungi.
*2: Adapted from and/or as per Kemp & Neumeister-Kemp, “The Mould Worker’s Handbook”
330 (2010, 2nd ed.) and “The Australian Mould Guide” (2010, 2nd ed.) with acknowledgement of
the lack of conclusively established and widely / formally recognised limits linked to health
effects. Further adaptations from Black, 2020 and ATSM D7789-12.

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335 KEY Table 4 – TOTAL SURFACE PARTICLE COUNT by lift-tape and direct microscopy
Rating Comments

Load category
TC /cm2

*1
Not May indicate lack of detection cf. actual absence
Detected
Low <50 + Surface may have recently been wiped or washed, especially if DS is low
Normal <500 ++ Typically with a range of common outdoor organisms; not aberrant ecology, especially if
(≥3DS) DS is high
Elevated ≤1000 +++ Esp. if . Check spore viability and materials moisture. Respirators recommended in addition
to appropriate PPE if present over a substantial area.
Contamin >1000 ++ As above. The source of mould and moisture should be identified and addressed.
++ Containment and full PPE recommended if present over a substantial area. Clean all tools,
ated equipment, exposed items and skin when leaving site.
Extremely >5000 +++ As above. If airborne over a substantial area, remove occupants and workers without PPE,
(especia ++ especially with predisposing respiratory and/or immunocompromisory conditions,
High lly chemotherapy, asthma, severe allergies, etc. Monitor for infection with known pathogenic
>3AE species such as Aspergillus fumigatus. Log eye, nose, throat, lung, skin conditions and seek
<3DS) medical attention as appropriate
TC = Total Count via microscopy; all identifiable fungal structures including spores, hyphae,
conidiophores. Chains or clusters of small spores (Penicillium, Aspergillus, etc.), and/or
aberrant numbers of large heavy spores (Chaetomium, Stachybotrys, etc.) shall be regarded as
indication of nearby active growth
340 AE = Aberrant Ecology score, from “ ” (0 AE, normal) to “*****” (5 AE, highly aberrant),
being a preponderance of similar spores, likely to be clonal, and/or different types of organisms
of similar high water-activity (aw) requirements, and thus likely to be from the same active
growth area en masse. A normal ecology has a range of various organisms in relatively
balanced numbers, whereas an aberrant ecology may have a reduced range of organisms with
345 one or more ‘dominant’ mould types, which may be ‘moisture loving’ (high aw requirements)
and/or prefers consuming other moulds (e.g., Trichoderma), and/or potentially infectious
and/or mycotoxigenic. Shading colour is used to help indicate this in that aberrant ecology may
bump the classification into the next higher numerical class, shown as a lighter shade of that
higher class.
350 DS = Dust Score; particles including pollen, textile and mineral insulation fibres, dander, skin,
grit (non-fungal, non-insect)
IS = Insect Score from 0IS – 5IS; particles including wings, wing-scales, body parts, hairs,
carpet beetle larval hairs (non-fungal, non-dust)
Adapted from and/or as per Kemp & Neumeister-Kemp, “The Mould Worker’s Handbook”
355 (2010, 2nd ed.) and “The Australian Mould Guide” (2010, 2nd ed.) with acknowledgement of
the lack of conclusively established and widely / formally recognised limits linked to health
effects.
*1: ASTM D7658-17 12.2.10.1 Fungal Loading Categories and 12.2.10.2 Non-Fungal Particle
Loading Categories
360 Category designations are subject to interpretation with reference to the control sample/s and
other observations of aberrant ecology, mould types, surface area coverage

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APPENDIX 2 – IMAGES
1. The carpark. Noted: many sites of water ingress through and corrosion of the BonDek-
365 like galvanised steel formwork, including mineral efflorescence forming distinct stalactites.
This suggests water is flowing through concrete, and has been doing so for quite some time.
Noted: pans and drains set to catch the drips in many locations.

370

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2. The front of the apartment from Burke Rd.

375

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3. The entrance area. Kitchen to left, master bedroom dead ahead. Laundry immediate
right, bathroom far right. Thermal imagery does not suggest moisture flows / dampness at
these locations.

380

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385 4. The laundry: virtually no airflow. This would cause the entire apartment to become
damp / humid if the standard tumble dryer was used. Also noted this vent shares a fan with the
adjacent bathroom (to left), which would also cause similar problems. The low airflow in
general would make drying clothes on racks similarly problematic.

390
5. The study (north-east room) with the second bathroom adjacent: walls appear dry in
all locations tested, including near the adjacent shower.

395

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6. The master bedroom (south-most room), furthest corner from the apartment entrance
(i.e., south-east-most corner). Significantly damp, mouldy, rotten, etc. Dampness continues
from corner rightward (westward) following the skirting. A ‘moisture grabber’ pot can be seen,
400 which the owners assure me fills up every few days.
This suggests the water is flowing from above within the wall for some distance.
This is only treatable by removal of the wall plaster to get at the dampness, rot, mould,
insects within the wall cavity from floor to ceiling.
It is not commonly appreciated that water vapour rises up within wall cavities, causing
405 mould and damage higher up than is expected, and that chemicals cannot remove the damage,
nor dry the dampness, nor remove the wet insulation, and is unable to remove the
toxic/allergenic residual particles, gases, odours, etc., that otherwise drift back into the room.
Removing the panels and possibly part of the ceiling often assists tracing the true
source of moisture.

410

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415

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7. The area outside the master bedroom: vent from rangehood can be seen, and in a
location that might not allow water to flow behind the top into the cavity. Other sources of
420 moisture into the master bedroom at the far wall/corner possibly included from directly above
where staining can be seen (lower right image). Noted lack of capping on some walls.

425

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430

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435

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8. The bathroom adjacent to the master bedroom had evident leaking from the shower
located in the corner far from the bedroom and its damp corner. Dampness in walls and under
tiles. Minimal if any air flow from the exhaust over the shower, seemingly shared with the
laundry exhaust.

440

445

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9. The rangehood did have reasonable air flow, and appeared to be ducted directly
outdoors.

450 10. The structure outdoors included vertical tiles not flashed in a manner that would
reliably prevent water flowing behind them into the wall / under the tiles.

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455 11. The examples of SV results: under carpet in corner of master bedroom (top); top of
fridge (bottom).

460

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12. The examples of ST results. Insects such as dust mites and similar are very often found
in damp, mouldy locations and appear to feed on mould, and can be a potent allergen in their
465 own right. A significant number of insects were seen in the single sample, indicating they’re
extremely numerous in the carpet in the corner of the master bedroom. Vast numbers of mould
spores can also be seen, stained either red or blue, or both.

470

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