s3.amazonaws.com...jumkyl6b9y signing pages and consents under electronic transactions act 2000 each...

JUMU3P4D70

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

© 2016 The Law Society of New South Wales ACN 000 000 699 and The Real Estate Institute of New South Wales ACN 000 012 457. You can prepare your own version of pages 1 and 2 of this contract. Except as permitted under the Copyright Act 1968 (Cth) or consented to by the copyright owners (including by way of guidelines issued from time to time), no other part of this contract may be reproduced without the specific written permission of The

Law Society of New South Wales and The Real Estate Institute of New South Wales.

Contract for the sale and purchase of land 2016 edition TERM MEANING OF TERM NSW Duty:

developer’s agent Ref: Ph: Fax:

Vendor Evolve Journey Limited ACN 605 684 160 9 Argyle Street Parramatta NSW

Developer Constant 24 Pty Ltd ACN 608 351 346 c/ Payce Consolidated Limited 'Chifley Tower' Level 37, 2 Chifley Square Sydney NSW 2000

Vendor’s and Developer's solicitor

Colin Biggers & Paisley Pty Ltd Level 42, 2 Park Street SYDNEY NSW 2000

Ref: Ph: Email:

RRE:CJG: (02) 8281 4555 [email protected]

date for completion See clause 45.1

Property Lot [ ] , Apartment [ ], Harts Landing

plan details in a Strata Plan (Annexure A)

title reference and address

Part 3105/1184499 at 1-39 Lord Sheffield Circuit, Penrith NSW 2750

VACANT POSSESSION subject to existing tenancies

improvements residential apartment

carspace(s)

storage space

attached copies See the "List of Attachments"

A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property.

inclusions

As listed in the Schedule of Finishes

Colour Scheme DUSK DAWN

purchaser

purchaser’s solicitor Ref: Ph: Email:

price $

deposit $ (10% of the price, unless otherwise stated)

balance $

contract date (if not stated, the date this contract was made)

buyer’s agent

See Signing Pages ______________________________________ ___________________________ vendor witness

See Signing Pages

GST AMOUNT (optional)

The price includes GST of: $

purchaser JOINT TENANTS tenants in common in unequal shares witness

2

Land – 2016 Edition

JUMU3P4D70

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

Choices vendor agrees to accept a deposit-bond (clause 3) NO yes See Special Conditions proposed electronic transaction (clause 30) NO yes See Special Condition 32.2

Tax information (the parties promise this is correct as far as each party is aware)

land tax is adjustable NO yes GST: Taxable supply NO yes in full yes to an extent margin scheme will be used in making the taxable supply NO yes

HOLDER OF STRATA OR COMMUNITY TITLE RECORDS – Name, address and telephone number As nominated by vendor after the contract date.

List of Documents

General

1 property certificate for the land 2 plan of the land 3 unregistered plan of the land 4 plan of land to be subdivided 5 document that is to be lodged with a relevant plan 6 section 149(2) certificate (Environmental Planning

and Assessment Act 1979) 7 section 149(5) information included in that certificate 8 service location diagram (pipes) 9 sewerage service diagram (property sewerage

diagram) 10 document that created or may have created an

easement, profit à prendre, restriction on use or positive covenant disclosed in this contract

11 section 88G certificate (positive covenant) 12 survey report 13 building certificate given under legislation 14 insurance certificate (Home Building Act 1989) 15 brochure or warning (Home Building Act 1989) 16 lease (with every relevant memorandum or

variation) 17 other document relevant to tenancies 18 old system document 19 Crown purchase statement of account 20 building management statement 21 form of requisition 22 clearance certificate 23 land tax certificate

Swimming Pools Act 1992 24 certificate of compliance 25 evidence of registration 26 relevant occupation certificate 27 certificate of non-compliance 28 certificate of non-compliance

Strata or community title (clause 23 of the contract)

29 property certificate for strata common property 30 plan creating strata common property 31 strata by-laws not set out in legislation 32 strata development contract or statement 33 strata management statement 34 leasehold strata - lease of lot and common property 35 property certificate for neighbourhood property 36 plan creating neighbourhood property 37 neighbourhood development contract 38 neighbourhood management statement 39 property certificate for precinct property 40 plan creating precinct property 41 precinct development contract 42 precinct management statement 43 property certificate for community property 44 plan creating community property 45 community development contract 46 community management statement 47 document disclosing a change of by-laws 48 document disclosing a change in a development or

management contract or statement 49 document disclosing a change in boundaries 50 certificate under Management Act – section 109

(Strata Schemes) 51 certificate under Management Act – section 26

(Community Land) Other

52

JUMKYL6B9Y

Signing Pages and consents under Electronic Transactions Act 2000

Each party consents to this contract being signed by any other party in accordance with an electronic communication method that is approved by the vendor.

SIGNED BY THE PURCHASER

Purchaser (individual)

The purchaser acknowledges that, before signing this contract, it reviewed and confirmed the contract terms. It also ensured, or required it be ensured, that the viewing resolution of the device on which the purchaser read this contract was adjusted to enable all words in the notices on page 3 of the Printed Conditions to be displayed in at least 14 point font.

Signed by

sign (signatory) sign (witness)

the witness states that he or she is not a party and was present when the signatory signed

full name (witness)

address (witness)

Purchaser (individual)


Signed by



full name (witness)

address (witness)

Purchaser (company - director/secretary or 2 directors)


Signed by the purchaser under s.127(1) of the Corporations Act 2001

sign

Director/Secretary

Sign

Director/Secretary

full name full name

JUMKYL6B9Y


Purchaser (sole director)


Signed by the purchaser under s.127(1) of the Corporations Act 2001

sign

Sole Director/Secretary

full name

Purchaser (power of attorney)


Signed by the purchaser by its attorney under power of attorney dated

sign (attorney)

the attorney states that he or she has no notice of termination or suspension of the power

sign (witness)

the witness states that he or she is not a party and was present when the attorney signed

full name (attorney) full name (witness)

address (witness)

Purchaser (power of attorney)


Signed by the purchaser by its attorney under power of attorney dated

sign (attorney)

the attorney states that he or she has no notice of termination or suspension of the power

sign (witness)

the witness states that he or she is not a party and was present when the attorney signed

full name (attorney) full name (witness)

address (witness)

JUMKYL6B9Y


SIGNED BY THE GUARANTOR/INDEMNIFIER

Director Execution

The signatory acknowledges that, before signing this contract, it reviewed and confirmed the contract terms. It also ensured, or required it be ensured, that the viewing resolution of the device on which the purchaser read this contract was adjusted to enable all words in the notices on page 3 of the Printed Conditions to be displayed in at least 14 point font.

Signed by



full name (witness)

address (witness)

Director Execution

The signatory acknowledges that, before signing this contract, it reviewed and confirmed the contract terms. It also ensured, or required it be ensured, that the viewing resolution of the device on which the purchaser read this contract was adjusted to enable all words in the notices on page 3 of the Printed Conditions to be displayed in at least 14 point font.

Signed by



full name (witness)

address (witness)

JUMKYL6B9Y


SIGNED BY THE DEVELOPER and THE VENDOR

Developer and Vendor Attorney

Signed on behalf of the Developer and the Vendor by their attorney under the power of attorney attached to this contract

sign (attorney)

full name (attorney)

COLINBIGGERS& PAISLEYLAWYERS

Power of AttorneyThis power of attorney is made on Ili- .<4\5\,,,i 245-1 ,

by:

Evolve Journey Limited ACN 605 684 160 of 9 Argyle Street Parramatta NSW, and

Constant 24 Pty Ltd ACN 608 351 346 of Level 37, 2 Chifley Square, Sydney (Principals)

1. Appointment

The Principals appoint each director of Constant 24 Pty Ltd ACN 608 351 346 of Level37, 2 Chifley Square, Sydney NSW 2000, and Boban Miljevic, Rebecca Edwards, PeterBournas, Anthony Christopher Rumore and Brendan Maier all of Level 42, 2 Park Street,Sydney (Attorney) severally as the Principals' attorney until written notice of revocation isgiven to the Attorney by the Principals.

2. Powers

The Attorney has power to:

(a) execute under hand or under seal and deliver (conditionally or unconditionally) orexchange each document described in Schedule 1 (each an ApprovedDocument) as the Attorney thinks fit;

(b) complete any blanks in an Approved Document;

(c) amend or vary an Approved Document as the Attorney thinks fit, including but notlimited to, amending or varying the parties, and execute under hand or seal anddeliver (conditionally or unconditionally) or exchange any document which effectsor evidences the amendment or variation;

(d) do any thing which ought to be done by the Principal under any ApprovedDocument to which it is a party; and

(e) do any other thing, whether or not of the same kind as the above, which in theAttorney's opinion is necessary, expedient or desirable to give effect to theprovisions of this deed.

3. Ratification

The Principals undertake to ratify and confirm any act of the Attorney in exercise of theAttorney's powers under this deed, including any act done between the time of the

COLIN BIGGERS Level 42 GPO Box 214& PAISLEY PTY LTD 2 Park Street Sydney NSW 2001ABN 28 166 080 682 Sydney NSW 2000 Australia1- +61 2 8281 4555 Australia DX 280 SydneyF +61 2 8281 4567

BRISBANE MELBOURNE SYDNEY

JUMY56WZE5

revocation of this power of attorney and the time of the revocation becoming known to theAttorney.

4. Delegation and substitution

The Attorney may not appoint any substitute, delegate or sub-attorney.

5. No warranty

The exercise by the Attorney of any power under this deed does not imply:

(a) a warranty, express or implied, by the Attorney as to the validity of this deed; or

(b) an assumption of personal liability by the Attorney in exercising the power.

6. Indemnity

The Principals indemnify the Attorney against all claims, demands, losses, damages,costs and expenses which the Attorney suffers or incurs in any way in respect of theexercise of any of the Attorney's powers under this deed.

7. Evidence of powers

A declaration by the Attorney that this power of attorney has not been revoked isconclusive evidence of that fact.

SCHEDULE 1 — APPROVED DOCUMENTS

1. Any document which in the Attorney's opinion is necessary to allow Constant 24 Pty LtdACN 608 351 346 to carry out and deliver the Project including (without limitation):

(a) the Approved Sale Contracts; and

(b) any Applications,

but excluding the Development Application and the Title Documents.

2. In this Schedule:

Approved Sale Contract has the same meaning as in the Project Delivery Agreement.

Project has the same meaning as in the Project Delivery Agreement in respect to theland contained in folio identifier 3105/1184499 and known as Harts Landing, 1-39 LordSheffield Circuit, Penrith NSW 2750.

Project Delivery Agreement means the document of that name between Constant 24Pty Ltd ACN 608 351 346, Payce Consolidated Ltd ACN 001 566 310, Evolve SheffieldLimited ACN 605 684 160 and Affordable Community Housing Limited ACN 127 713 731dated on or about 6 November 2015.

JUMY56WZE5 COLIN BIGGERS & PAISLEY I 2

EXECUTION

Principals

Signed by EvolveJourney LimitedACN 605 684 160under s.127(1) of theCorporations Act2001

Signed by Constant24 Pty Ltd ACN 608351 346 unders.127(1) of theCorporations Act2001

ACCEPTANCE

We acce

Brian Boyd

Aleff.//./AW-...941M11411pPP

7ign

liwestAst • \` -') 2 Ct. o

office (director) office (director or secretary) Ri/cleric

(--RIftV‘\ •4: 611.4#\ C° C4 V% I-- 6.

full name

office (director)

full name

1 REc\--c)c-. _office (director or secretary)

iLL f A-01 la BDUZ full name

r appointment under this power of attorney

William Morga

Rebecca Edwards

Anthony Christopher Rumore

JUMY56WZE5

full name

Dominic Sullivan

Boban Miljevic

Peter Bournas

Brendan Maier

REGISTERED21/7/2016

BK 4710 NO 871

COLIN BIGGERS & PAISLEY I 3

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

3Land - 2016 edition

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 145123

WARNING—SWIMMING POOLS

An owner of a property on which a swimming pool is situated must ensure that the poolcomplies with the requirements of the Swimming Pools Act 1992. Penalties apply. Beforepurchasing a property on which a swimming pool is situated, a purchaser is stronglyadvised to ensure that the swimming pool complies with the requirements of that Act.

WARNING—SMOKE ALARMS

The owners of certain types of buildings and strata lots must have smoke alarms (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.

IMPORTANT NOTICE TO VENDORS AND PURCHASERSBefore signing this contract you should ensure that you understand your rights and

obligations, some of which are not written in this contract but are implied by law.

COOLING OFF PERIOD (PURCHASER'S RIGHTS)1. This is the statement required by section 66X of the Conveyancing Act 1919 and

applies to a contract for the sale of residential property.

2. The purchaser may rescind the contract at any time before 5 p.m. on the fifth

business day after the day on which the contract was made, EXCEPT in the circumstances listed in paragraph 3.

3. There is NO COOLING OFF PERIOD:(a) if, at or before the time the contract is made, the purchaser gives to the

vendor (or the vendor's solicitor or agent) a certificate that complies with section 66W of the Act, or

(b) if the property is sold by public auction, or(c) if the contract is made on the same day as the property was offered for sale

by public auction but passed in, or(d) if the contract is made in consequence of the exercise of an option to

purchase the property, other than an option that is void under section 66ZG of the Act.

4. A purchaser exercising the right to cool off by rescinding the contract will forfeit to the vendor 0.25% of the purchase price of the property. The vendor is entitled to recover the amount forfeited from any amount paid by the purchaser as a deposit under the contract and the purchaser is entitled to a refund of any balance.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



WARNINGS1. Various Acts of Parliament and other matters can affect the rights of the parties to this contract. Some

important matters are actions, claims, decisions, licences, notices, orders, proposals or rights of way involving:

Australian Taxation Office NSW Department of Education

Council NSW Fair TradingCounty Council NSW Public WorksDepartment of Planning and Environment Office of Environment and HeritageDepartment of Primary Industries Owner of adjoining landEast Australian Pipeline Limited PrivacyElectricity and gas authority Roads and Maritime ServicesLand & Housing Corporation Telecommunications authorityLocal Land Services Transport for NSWMine Subsidence Board Water, sewerage or drainage authority

If you think that any of these matters affects the property, tell your solicitor.

2. A lease may be affected by the Agricultural Tenancies Act 1990, the Residential Tenancies Act 2010 or the Retail Leases Act 1994.

3. If any purchase money is owing to the Crown, it may become payable when the transfer is registered.

4. If a consent to transfer is required under legislation, see clause 27 as to the obligations of the parties.

5. The vendor should continue the vendor's insurance until completion. If the vendor wants to give the purchaser possession before completion, the vendor should first ask the insurer to confirm this will notaffect the insurance.

6. The purchaser will usually have to pay stamp duty on this contract. If duty is not paid on time, a purchaser may incur penalties.

7. If the purchaser agrees to the release of deposit, the purchaser's right to recover the deposit may standbehind the rights of others (for example the vendor's mortgagee).

8. The purchaser should arrange insurance as appropriate.

9. Some transactions involving personal property may be affected by the Personal Property Securities Act2009.

10. A purchaser should be satisfied that finance will be available at the time of completing the purchase.

11. Where the market value of the property is $2 million or more, the purchaser may have to comply with a foreign resident capital gains withholding payment obligation (even if the vendor is not a foreign resident). If so, this will affect the amount available to the vendor on completion.

DISPUTESIf you get into a dispute with the other party, the Law Society and Real Estate Institute encourage you to use informal procedures such as negotiation, independent expert appraisal or mediation (for example mediation under the Law Society Mediation Model and Guidelines).

AUCTIONSRegulations made under the Property, Stock and Business Agents Act 2002 prescribe a number of conditions applying to sales by auction.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



The vendor sells and the purchaser buys the property for the price under these provisions instead of Schedule 3 Conveyancing Act 1919, subject to any legislation that cannot be excluded.

1 Definitions (a term in italics is a defined term)In this contract, these terms (in any form) mean –adjustment date the earlier of the giving of possession to the purchaser or completion;bank the Reserve Bank of Australia or an authorised deposit-taking institution which is a

bank, a building society or a credit union;business day any day except a bank or public holiday throughout NSW or a Saturday or Sunday;cheque a cheque that is not postdated or stale;clearance certificate a certificate within the meaning of s14-220 of Schedule 1 to the TA Act, that

covers one or more days falling within the period from and including the contract date to completion;

deposit-bond a deposit bond or guarantee from an issuer, with an expiry date and for an amounteach approved by the vendor;

depositholder vendor's agent (or if no vendor's agent is named in this contract, the vendor's solicitor, or if no vendor's solicitor is named in this contract, the buyer's agent);

document of title document relevant to the title or the passing of title;GST Act A New Tax System (Goods and Services Tax) Act 1999;GST rate the rate mentioned in s4 of A New Tax System (Goods and Services Tax

Imposition - General) Act 1999 (10% as at 1 July 2000);legislation an Act or a by-law, ordinance, regulation or rule made under an Act;normally subject to any other provision of this contract;party each of the vendor and the purchaser;property the land, the improvements, all fixtures and the inclusions, but not the exclusions;requisition an objection, question or requisition (but the term does not include a claim);remittance amount the lesser of 10% of the price (inclusive of GST, if any) and the amount specified

in a variation served by a party;rescind rescind this contract from the beginning;serve serve in writing on the other party;settlement cheque an unendorsed cheque made payable to the person to be paid and –

• issued by a bank and drawn on itself; or• if authorised in writing by the vendor or the vendor's solicitor, some other

cheque;solicitor in relation to a party, the party's solicitor or licensed conveyancer named in this

contract or in a notice served by the party;TA Act Taxation Administration Act 1953;terminate terminate this contract for breach;variation a variation made under s14-235 of Schedule 1 to the TA Act;within in relation to a period, at any time before or during the period; andwork order a valid direction, notice or order that requires work to be done or money to be

spent on or in relation to the property or any adjoining footpath or road (but the term does not include a notice under s22E of the Swimming Pools Act 1992 or clause 18B of the Swimming Pools Regulation 2008).

2 Deposit and other payments before completion2.1 The purchaser must pay the deposit to the depositholder as stakeholder.2.2 Normally, the purchaser must pay the deposit on the making of this contract, and this time is essential.2.3 If this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential.2.4 The purchaser can pay any of the deposit by giving cash (up to $2,000) or by unconditionally giving a cheque

to the depositholder or to the vendor, vendor's agent or vendor's solicitor for sending to the depositholder.2.5 If any of the deposit is not paid on time or a cheque for any of the deposit is not honoured on presentation,

the vendor can terminate. This right to terminate is lost as soon as the deposit is paid in full.2.6 If the vendor accepts a bond or guarantee for the deposit, clauses 2.1 to 2.5 do not apply.2.7 If the vendor accepts a bond or guarantee for part of the deposit, clauses 2.1 to 2.5 apply only to the balance.2.8 If any of the deposit or of the balance of the price is paid before completion to the vendor or as the vendor

directs, it is a charge on the land in favour of the purchaser until termination by the vendor or completion,subject to any existing right.

2.9 If each party tells the depositholder that the deposit is to be invested, the depositholder is to invest thedeposit (at the risk of the party who becomes entitled to it) with a bank, in an interest-bearing account inNSW, payable at call, with interest to be reinvested, and pay the interest to the parties equally, afterdeduction of all proper government taxes and financial institution charges and other charges.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



3 Deposit-bond 3.1 This clause applies only if this contract says the vendor has agreed to accept a deposit-bond for the deposit

(or part of it).3.2 The purchaser must provide the original deposit-bond to the vendor's solicitor (or if no solicitor the

depositholder) at or before the making of this contract and this time is essential.3.3 If the deposit-bond has an expiry date and completion does not occur by the date which is 14 days before the

expiry date, the purchaser must serve a replacement deposit-bond at least 7 days before the expiry date.The time for service is essential.

3.4 The vendor must approve a replacement deposit-bond if –3.4.1 it is from the same issuer and for the same amount as the earlier deposit-bond; and3.4.2 it has an expiry date at least three months after its date of issue.

3.5 A breach of clauses 3.2 or 3.3 entitles the vendor to terminate. The right to terminate is lost as soon as –3.5.1 the purchaser serves a replacement deposit-bond; or3.5.2 the deposit is paid in full under clause 2.

3.6 Clauses 3.3 and 3.4 can operate more than once.3.7 If the purchaser serves a replacement deposit-bond, the vendor must serve the earlier deposit-bond.3.8 The amount of any deposit-bond does not form part of the price for the purposes of clause 16.7.3.9 The vendor must give the purchaser the deposit-bond –

3.9.1 on completion; or3.9.2 if this contract is rescinded.

3.10 If this contract is terminated by the vendor –3.10.1 normally, the vendor can immediately demand payment from the issuer of the deposit-bond; or3.10.2 if the purchaser serves prior to termination a notice disputing the vendor's right to terminate, the

vendor must forward the deposit-bond (or its proceeds if called up) to the depositholder asstakeholder.

3.11 If this contract is terminated by the purchaser –3.11.1 normally, the vendor must give the purchaser the deposit-bond; or3.11.2 if the vendor serves prior to termination a notice disputing the purchaser's right to terminate, the

vendor must forward the deposit-bond (or its proceeds if called up) to the depositholder asstakeholder.

4 Transfer4.1 Normally, the purchaser must serve at least 14 days before the date for completion –

4.1.1 the form of transfer; and4.1.2 particulars required to register any mortgage or other dealing to be lodged with the transfer by

the purchaser or the purchaser's mortgagee.4.2 If any information needed for the form of transfer is not disclosed in this contract, the vendor must serve it.4.3 If the purchaser serves a form of transfer and the transferee is not the purchaser, the purchaser must give

the vendor a direction signed by the purchaser personally for this form of transfer.4.4 The vendor can require the purchaser to include a form of covenant or easement in the transfer only if this

contract contains the wording of the proposed covenant or easement, and a description of the land benefited.

5 Requisitions5.1 If a form of requisitions is attached to this contract, the purchaser is taken to have made those requisitions.5.2 If the purchaser is or becomes entitled to make any other requisition, the purchaser can make it only by

serving it –5.2.1 if it arises out of this contract or it is a general question about the property or title - within 21 days

after the contract date;5.2.2 if it arises out of anything served by the vendor - within 21 days after the later of the contract

date and that service; and5.2.3 in any other case - within a reasonable time.

6 Error or misdescription6.1 The purchaser can (but only before completion) claim compensation for an error or misdescription in this

contract (as to the property, the title or anything else and whether substantial or not).6.2 This clause applies even if the purchaser did not take notice of or rely on anything in this contract containing

or giving rise to the error or misdescription.6.3 However, this clause does not apply to the extent the purchaser knows the true position.

7 Claims by purchaserThe purchaser can make a claim (including a claim under clause 6) before completion only by serving it with astatement of the amount claimed, and if the purchaser makes one or more claims before completion –

7.1 the vendor can rescind if in the case of claims that are not claims for delay –7.1.1 the total amount claimed exceeds 5% of the price;

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



7.1.2 the vendor serves notice of intention to rescind; and7.1.3 the purchaser does not serve notice waiving the claims within 14 days after that service; and

7.2 if the vendor does not rescind, the parties must complete and if this contract is completed –7.2.1 the lesser of the total amount claimed and 10% of the price must be paid out of the price to and

held by the depositholder until the claims are finalised or lapse;7.2.2 the amount held is to be invested in accordance with clause 2.9;7.2.3 the claims must be finalised by an arbitrator appointed by the parties or, if an appointment is not

made within 1 month of completion, by an arbitrator appointed by the President of the LawSociety at the request of a party (in the latter case the parties are bound by the terms of theConveyancing Arbitration Rules approved by the Law Society as at the date of the appointment);

7.2.4 the purchaser is not entitled, in respect of the claims, to more than the total amount claimed andthe costs of the purchaser;

7.2.5 net interest on the amount held must be paid to the parties in the same proportion as the amountheld; and

7.2.6 if the parties do not appoint an arbitrator and neither party requests the President to appoint anarbitrator within 3 months after completion, the claims lapse.

8 Vendor's rights and obligations8.1 The vendor can rescind if –

8.1.1 the vendor is, on reasonable grounds, unable or unwilling to comply with a requisition;8.1.2 the vendor serves a notice of intention to rescind that specifies the requisition and those

grounds; and8.1.3 the purchaser does not serve a notice waiving the requisition within 14 days after that service.

8.2 If the vendor does not comply with this contract (or a notice under or relating to it) in an essential respect, thepurchaser can terminate by serving a notice. After the termination –8.2.1 the purchaser can recover the deposit and any other money paid by the purchaser under this

contract;8.2.2 the purchaser can sue the vendor to recover damages for breach of contract; and8.2.3 if the purchaser has been in possession a party can claim for a reasonable adjustment.

9 Purchaser's defaultIf the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect,the vendor can terminate by serving a notice. After the termination the vendor can –

9.1 keep or recover the deposit (to a maximum of 10% of the price);9.2 hold any other money paid by the purchaser under this contract as security for anything recoverable under

this clause –9.2.1 for 12 months after the termination; or9.2.2 if the vendor commences proceedings under this clause within 12 months, until those

proceedings are concluded; and9.3 sue the purchaser either –

9.3.1 where the vendor has resold the property under a contract made within 12 months after thetermination, to recover –• the deficiency on resale (with credit for any of the deposit kept or recovered and after

allowance for any capital gains tax or goods and services tax payable on anything recoveredunder this clause); and

• the reasonable costs and expenses arising out of the purchaser's non-compliance with thiscontract or the notice and of resale and any attempted resale; or

9.3.2 to recover damages for breach of contract.

10 Restrictions on rights of purchaser10.1 The purchaser cannot make a claim or requisition or rescind or terminate in respect of –

10.1.1 the ownership or location of any fence as defined in the Dividing Fences Act 1991;10.1.2 a service for the property being a joint service or passing through another property, or any

service for another property passing through the property (`service' includes air, communication,drainage, electricity, garbage, gas, oil, radio, sewerage, telephone, television or water service);

10.1.3 a wall being or not being a party wall in any sense of that term or the property being affected byan easement for support or not having the benefit of an easement for support;

10.1.4 any change in the property due to fair wear and tear before completion;10.1.5 a promise, representation or statement about this contract, the property or the title, not set out or

referred to in this contract;10.1.6 a condition, exception, reservation or restriction in a Crown grant;10.1.7 the existence of any authority or licence to explore or prospect for gas, minerals or petroleum;10.1.8 any easement or restriction on use the substance of either of which is disclosed in this contract

or any non-compliance with the easement or restriction on use; or

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



10.1.9 anything the substance of which is disclosed in this contract (except a caveat, charge, mortgageor writ).

10.2 The purchaser cannot rescind or terminate only because of a defect in title to or quality of the inclusions.10.3 Normally, the purchaser cannot make a claim or requisition or rescind or terminate or require the vendor to

change the nature of the title disclosed in this contract (for example, to remove a caution evidencing qualifiedtitle, or to lodge a plan of survey as regards limited title).

11 Compliance with work orders11.1 Normally, the vendor must by completion comply with a work order made on or before the contract date and

if this contract is completed the purchaser must comply with any other work order.11.2 If the purchaser complies with a work order, and this contract is rescinded or terminated, the vendor must

pay the expense of compliance to the purchaser.

12 Certificates and inspectionsThe vendor must do everything reasonable to enable the purchaser, subject to the rights of any tenant –

12.1 to have the property inspected to obtain any certificate or report reasonably required;12.2 to apply (if necessary in the name of the vendor) for –

12.2.1 any certificate that can be given in respect of the property under legislation; or12.2.2 a copy of any approval, certificate, consent, direction, notice or order in respect of the property

given under legislation, even if given after the contract date; and12.3 to make 1 inspection of the property in the 3 days before a time appointed for completion.

13 Goods and services tax (GST)13.1 In this clause, enterprise, input tax credit, margin scheme, supply of a going concern, tax invoice and taxable

supply have the same meanings as in the GST Act.13.2 Normally, if a party must pay the price or any other amount to the other party under this contract, GST is not

to be added to the price or amount.13.3 If under this contract a party must make an adjustment, pay an expense of another party or pay an amount

payable by or to a third party (for example, under clauses 14 or 20.7) –13.3.1 the party must adjust or pay on completion any GST added to or included in the amount; but13.3.2 if this contract says this sale is a taxable supply, and payment would entitle the party to an input

tax credit, the adjustment or payment is to be worked out by deducting any input tax credit towhich the party receiving the adjustment is or was entitled and adding the GST rate.

13.4 If this contract says this sale is the supply of a going concern –13.4.1 the parties agree the supply of the property is a supply of a going concern;13.4.2 the vendor must, between the contract date and completion, carry on the enterprise conducted

on the land in a proper and business-like way;13.4.3 if the purchaser is not registered by the date for completion, the parties must complete and the

purchaser must pay on completion, in addition to the price, an amount being the price multipliedby the GST rate ("the retention sum"). The retention sum is to be held by the depositholder anddealt with as follows –• if within 3 months of completion the purchaser serves a letter from the Australian Taxation

Office stating the purchaser is registered, the depositholder is to pay the retention sum to thepurchaser; but

• if the purchaser does not serve that letter within 3 months of completion, the depositholder isto pay the retention sum to the vendor; and

13.4.4 if the vendor, despite clause 13.4.1, serves a letter from the Australian Taxation Office statingthe vendor has to pay GST on the supply, the purchaser must pay to the vendor on demand theamount of GST assessed.

13.5 Normally, the vendor promises the margin scheme will not apply to the supply of the property.13.6 If this contract says the margin scheme is to apply in making the taxable supply, the parties agree that the

margin scheme is to apply to the sale of the property.13.7 If this contract says the sale is not a taxable supply –

13.7.1 the purchaser promises that the property will not be used and represents that the purchaserdoes not intend the property (or any part of the property) to be used in a way that could make thesale a taxable supply to any extent; and

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



13.7.2 the purchaser must pay the vendor on completion in addition to the price an amount calculatedby multiplying the price by the GST rate if this sale is a taxable supply to any extent because of –• a breach of clause 13.7.1; or• something else known to the purchaser but not the vendor.

13.8 If this contract says this sale is a taxable supply in full and does not say the margin scheme applies to theproperty, the vendor must pay the purchaser on completion an amount of one-eleventh of the price if –13.8.1 this sale is not a taxable supply in full; or13.8.2 the margin scheme applies to the property (or any part of the property).

13.9 If this contract says this sale is a taxable supply to an extent –13.9.1 clause 13.7.1 does not apply to any part of the property which is identified as being a taxable

supply; and13.9.2 the payments mentioned in clauses 13.7 and 13.8 are to be recalculated by multiplying the

relevant payment by the proportion of the price which represents the value of that part of theproperty to which the clause applies (the proportion to be expressed as a number between 0 and1). Any evidence of value must be obtained at the expense of the vendor.

13.10 Normally, on completion the vendor must give the recipient of the supply a tax invoice for any taxable supplyby the vendor by or under this contract.

13.11 The vendor does not have to give the purchaser a tax invoice if the margin scheme applies to a taxablesupply.

14 Adjustments14.1 Normally, the vendor is entitled to the rents and profits and will be liable for all rates, water, sewerage and

drainage service and usage charges, land tax and all other periodic outgoings up to and including theadjustment date after which the purchaser will be entitled and liable.

14.2 The parties must make any necessary adjustment on completion.14.3 If an amount that is adjustable under this contract has been reduced under legislation, the parties must on

completion adjust the reduced amount.14.4 The parties must adjust land tax for the year current at the adjustment date –

14.4.1 only if land tax has been paid or is payable for the year (whether by the vendor or by apredecessor in title) and this contract says that land tax is adjustable;

14.4.2 by adjusting the amount that would have been payable if at the start of the year –• the person who owned the land owned no other land;• the land was not subject to a special trust or owned by a non-concessional company; and• if the land (or part of it) had no separate taxable value, by calculating its separate taxable

value on a proportional area basis.14.5 If any other amount that is adjustable under this contract relates partly to the land and partly to other land, the

parties must adjust it on a proportional area basis.14.6 Normally, the vendor can direct the purchaser to produce a settlement cheque on completion to pay an

amount adjustable under this contract and if so –14.6.1 the amount is to be treated as if it were paid; and14.6.2 the cheque must be forwarded to the payee immediately after completion (by the purchaser if the

cheque relates only to the property or by the vendor in any other case).14.7 If on completion the last bill for a water, sewerage or drainage usage charge is for a period ending before the

adjustment date, the vendor is liable for an amount calculated by dividing the bill by the number of days in theperiod then multiplying by the number of unbilled days up to and including the adjustment date.

14.8 The vendor is liable for any amount recoverable for work started on or before the contract date on theproperty or any adjoining footpath or road.

15 Date for completion The parties must complete by the date for completion and, if they do not, a party can serve a notice tocomplete if that party is otherwise entitled to do so.

16 Completion• Vendor

16.1 On completion the vendor must give the purchaser any document of title that relates only to the property.16.2 If on completion the vendor has possession or control of a document of title that relates also to other

property, the vendor must produce it as and where necessary.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



16.3 Normally, on completion the vendor must cause the legal title to the property (being an estate in fee simple)to pass to the purchaser free of any mortgage or other interest, subject to any necessary registration.

16.4 The legal title to the property does not pass before completion.16.5 If the vendor gives the purchaser a document (other than the transfer) that needs to be lodged for

registration, the vendor must pay the lodgment fee to the purchaser, plus another 20% of that fee.16.6 If a party serves a land tax certificate showing a charge on any of the land, on completion the vendor must

give the purchaser a land tax certificate showing the charge is no longer effective against the land.• Purchaser

16.7 On completion the purchaser must pay to the vendor, by cash (up to $2,000) or settlement cheque –16.7.1 the price less:

• any deposit paid;• if clause 31 applies, the remittance amount; and• any amount payable by the vendor to the purchaser under this contract; and

16.7.2 any other amount payable by the purchaser under this contract.16.8 If the vendor requires more than 5 settlement cheques, the vendor must pay $10 for each extra cheque.16.9 If any of the deposit is not covered by a bond or guarantee, on completion the purchaser must give the

vendor an order signed by the purchaser authorising the depositholder to account to the vendor for thedeposit.

16.10 On completion the deposit belongs to the vendor.• Place for completion

16.11 Normally, the parties must complete at the completion address, which is –16.11.1 if a special completion address is stated in this contract - that address; or16.11.2 if none is stated, but a first mortgagee is disclosed in this contract and the mortgagee would

usually discharge the mortgage at a particular place - that place; or16.11.3 in any other case - the vendor's solicitor's address stated in this contract.

16.12 The vendor by reasonable notice can require completion at another place, if it is in NSW, but the vendor mustpay the purchaser's additional expenses, including any agency or mortgagee fee.

16.13 If the purchaser requests completion at a place that is not the completion address, and the vendor agrees,the purchaser must pay the vendor's additional expenses, including any agency or mortgagee fee.

17 Possession17.1 Normally, the vendor must give the purchaser vacant possession of the property on completion.17.2 The vendor does not have to give vacant possession if –

17.2.1 this contract says that the sale is subject to existing tenancies; and17.2.2 the contract discloses the provisions of the tenancy (for example, by attaching a copy of the

lease and any relevant memorandum or variation).17.3 Normally, the purchaser can claim compensation (before or after completion) or rescind if any of the land is

affected by a protected tenancy (a tenancy affected by Part 2, 3, 4 or 5 Landlord and Tenant (Amendment)Act 1948).

18 Possession before completion18.1 This clause applies only if the vendor gives the purchaser possession of the property before completion.18.2 The purchaser must not before completion –

18.2.1 let or part with possession of any of the property;18.2.2 make any change or structural alteration or addition to the property; or18.2.3 contravene any agreement between the parties or any direction, document, legislation, notice or

order affecting the property.18.3 The purchaser must until completion –

18.3.1 keep the property in good condition and repair having regard to its condition at the giving ofpossession; and

18.3.2 allow the vendor or the vendor's authorised representative to enter and inspect it at allreasonable times.

18.4 The risk as to damage to the property passes to the purchaser immediately after the purchaser enters intopossession.

18.5 If the purchaser does not comply with this clause, then without affecting any other right of the vendor –18.5.1 the vendor can before completion, without notice, remedy the non-compliance; and18.5.2 if the vendor pays the expense of doing this, the purchaser must pay it to the vendor with interest

at the rate prescribed under s101 Civil Procedure Act 2005.18.6 If this contract is rescinded or terminated the purchaser must immediately vacate the property.18.7 If the parties or their solicitors on their behalf do not agree in writing to a fee or rent, none is payable.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



19 Rescission of contract19.1 If this contract expressly gives a party a right to rescind, the party can exercise the right –

19.1.1 only by serving a notice before completion; and19.1.2 in spite of any making of a claim or requisition, any attempt to satisfy a claim or requisition, any

arbitration, litigation, mediation or negotiation or any giving or taking of possession.19.2 Normally, if a party exercises a right to rescind expressly given by this contract or any legislation –

19.2.1 the deposit and any other money paid by the purchaser under this contract must be refunded;19.2.2 a party can claim for a reasonable adjustment if the purchaser has been in possession;19.2.3 a party can claim for damages, costs or expenses arising out of a breach of this contract; and19.2.4 a party will not otherwise be liable to pay the other party any damages, costs or expenses.

20 Miscellaneous20.1 The parties acknowledge that anything stated in this contract to be attached was attached to this contract by

the vendor before the purchaser signed it and is part of this contract.20.2 Anything attached to this contract is part of this contract.20.3 An area, bearing or dimension in this contract is only approximate.20.4 If a party consists of 2 or more persons, this contract benefits and binds them separately and together.20.5 A party's solicitor can receive any amount payable to the party under this contract or direct in writing that it is

to be paid to another person.20.6 A document under or relating to this contract is –

20.6.1 signed by a party if it is signed by the party or the party's solicitor (apart from a direction underclause 4.3);

20.6.2 served if it is served by the party or the party's solicitor;20.6.3 served if it is served on the party's solicitor, even if the party has died or any of them has died;20.6.4 served if it is served in any manner provided in s170 of the Conveyancing Act 1919;20.6.5 served if it is sent by fax to the party's solicitor, unless it is not received;20.6.6 served on a person if it (or a copy of it) comes into the possession of the person; and20.6.7 served at the earliest time it is served, if it is served more than once.

20.7 An obligation to pay an expense of another party of doing something is an obligation to pay –20.7.1 if the party does the thing personally - the reasonable cost of getting someone else to do it; or20.7.2 if the party pays someone else to do the thing - the amount paid, to the extent it is reasonable.

20.8 Rights under clauses 11, 13, 14, 17, 24, 30 and 31 continue after completion, whether or not other rights continue.

20.9 The vendor does not promise, represent or state that the purchaser has any cooling off rights.20.10 The vendor does not promise, represent or state that any attached survey report is accurate or current.20.11 A reference to any legislation includes a reference to any corresponding later legislation.20.12 Each party must do whatever is necessary after completion to carry out the party's obligations under this

contract.20.13 Neither taking possession nor serving a transfer of itself implies acceptance of the property or the title.20.14 The details and information provided in this contract (for example, on pages 1 and 2) are, to the extent of

each party's knowledge, true, and are part of this contract.20.15 Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is

marked.

21 Time limits in these provisions21.1 If the time for something to be done or to happen is not stated in these provisions, it is a reasonable time.21.2 If there are conflicting times for something to be done or to happen, the latest of those times applies.21.3 The time for one thing to be done or to happen does not extend the time for another thing to be done or to

happen.21.4 If the time for something to be done or to happen is the 29th, 30th or 31st day of a month, and the day does

not exist, the time is instead the last day of the month.21.5 If the time for something to be done or to happen is a day that is not a business day, the time is extended to

the next business day, except in the case of clauses 2 and 3.2.21.6 Normally, the time by which something must be done is fixed but not essential.

22 Foreign Acquisitions and Takeovers Act 197522.1 The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited the

transfer under the Foreign Acquisitions and Takeovers Act 1975.22.2 This promise is essential and a breach of it entitles the vendor to terminate.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



23 Strata or community title23.1 This clause applies only if the land (or part of it) is a lot in a strata, neighbourhood, precinct or community

scheme (or on completion is to be a lot in a scheme of that kind).23.2 In this contract –

'change', in relation to a scheme, means –• a registered or registrable change from by-laws set out in this contract or set out in legislation and

specified in this contract;• a change from a development or management contract or statement set out in this contract; or• a change in the boundaries of common property;'common property' includes association property for the scheme or any higher scheme;'contribution' includes an amount payable under a by-law;'normal expenses', in relation to an owners corporation for a scheme, means normal operating expensesusually payable from the administrative fund of an owners corporation for a scheme of the same kind;'owners corporation' means the owners corporation or the association for the scheme or any higher scheme;'the property' includes any interest in common property for the scheme associated with the lot;'special expenses', in relation to an owners corporation, means its actual, contingent or expected expenses,except to the extent they are normal expenses, due to fair wear and tear, disclosed in this contract or coveredby moneys held in the sinking fund.

23.3 Clauses 11, 14.8 and 18.4 do not apply to an obligation of the owners corporation, or to property insurable byit.

23.4 Clauses 14.4.2 and 14.5 apply but on a unit entitlement basis instead of an area basis.23.5 The parties must adjust under clause 14.1 –

23.5.1 a regular periodic contribution;23.5.2 a contribution which is not a regular periodic contribution but is disclosed in this contract; and23.5.3 on a unit entitlement basis, any amount paid by the vendor for a normal expense of the owners

corporation to the extent the owners corporation has not paid the amount to the vendor.23.6 If a contribution is not a regular periodic contribution and is not disclosed in this contract –

23.6.1 the vendor is liable for it if it was levied before the contract date (unless it relates to work notstarted by that date), even if it is payable by instalments;

23.6.2 the vendor is also liable for it to the extent it relates to work started by the owners corporationbefore the contract date; and

23.6.3 the purchaser is liable for all other contributions levied after the contract date.23.7 The vendor must pay or allow to the purchaser on completion the amount of any unpaid contributions for

which the vendor is liable under clause 23.6.23.8 Normally, the purchaser cannot make a claim or requisition or rescind or terminate in respect of –

23.8.1 an existing or future actual, contingent or expected expense of the owners corporation;23.8.2 a proportional unit entitlement of the lot or a relevant lot or former lot, apart from a claim under

clause 6; or23.8.3 a past or future change in the scheme or a higher scheme.

23.9 However, the purchaser can rescind if –23.9.1 the special expenses of the owners corporation at the later of the contract date and the creation

of the owners corporation when calculated on a unit entitlement basis (and, if more than one lotor a higher scheme is involved, added together), less any contribution paid by the vendor, aremore than 1% of the price;

23.9.2 in the case of the lot or a relevant lot or former lot in a higher scheme –• a proportional unit entitlement for the lot is not disclosed in this contract; or

• a proportional unit entitlement for the lot is disclosed in this contract but the lot has a differentproportional unit entitlement at the contract date or at any time before completion; or

23.9.3 a change before the contract date or before completion in the scheme or a higher schemesubstantially disadvantages the purchaser and is not disclosed in this contract.

23.10 The purchaser must give the vendor 2 copies of a proper form of notice of the transfer of the lot addressed tothe owners corporation and signed by the purchaser.

23.11 The vendor must complete and sign 1 copy of the notice and give it to the purchaser on completion.23.12 Each party can sign and give the notice as agent for the other.23.13 The vendor must serve a certificate under s109 Strata Schemes Management Act 1996 or s26 Community

Land Management Act 1989 in relation to the lot, the scheme or any higher scheme at least 7 days beforethe date for completion.

23.14 The purchaser does not have to complete earlier than 7 days after service of the certificate and clause 21.3does not apply to this provision.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



23.15 On completion the purchaser must pay the vendor the prescribed fee for the certificate.23.16 The vendor authorises the purchaser to apply for the purchaser's own certificate.23.17 The vendor authorises the purchaser to apply for and make an inspection of any record or other document in

the custody or control of the owners corporation or relating to the scheme or any higher scheme.23.18 If a general meeting of the owners corporation is convened before completion –

23.18.1 if the vendor receives notice of it, the vendor must immediately notify the purchaser of it; and23.18.2 after the expiry of any cooling off period, the purchaser can require the vendor to appoint the

purchaser (or the purchaser's nominee) to exercise any voting rights of the vendor in respect ofthe lot at the meeting.

24 Tenancies24.1 If a tenant has not made a payment for a period preceding or current at the adjustment date –

24.1.1 for the purposes of clause 14.2, the amount is to be treated as if it were paid; and24.1.2 the purchaser assigns the debt to the vendor on completion and will if required give a further

assignment at the vendor's expense.24.2 If a tenant has paid in advance of the adjustment date any periodic payment in addition to rent, it must be

adjusted as if it were rent for the period to which it relates.24.3 If the property is to be subject to a tenancy on completion or is subject to a tenancy on completion –

24.3.1 the vendor authorises the purchaser to have any accounting records relating to the tenancyinspected and audited and to have any other document relating to the tenancy inspected;

24.3.2 the vendor must serve any information about the tenancy reasonably requested by thepurchaser before or after completion; and

24.3.3 normally, the purchaser can claim compensation (before or after completion) if –• a disclosure statement required by the Retail Leases Act 1994 was not given when required;• such a statement contained information that was materially false or misleading;• a provision of the lease is not enforceable because of a non-disclosure in such a statement; or• the lease was entered into in contravention of the Retail Leases Act 1994.

24.4 If the property is subject to a tenancy on completion –24.4.1 the vendor must allow or transfer –

• any remaining bond money or any other security against the tenant's default (to the extent thesecurity is transferable);

• any money in a fund established under the lease for a purpose and compensation for anymoney in the fund or interest earnt by the fund that has been applied for any other purpose;and

• any money paid by the tenant for a purpose that has not been applied for that purpose andcompensation for any of the money that has been applied for any other purpose;

24.4.2 if the security is not transferable, each party must do everything reasonable to cause areplacement security to issue for the benefit of the purchaser and the vendor must hold theoriginal security on trust for the benefit of the purchaser until the replacement security issues;

24.4.3 the vendor must give to the purchaser –• a proper notice of the transfer (an attornment notice) addressed to the tenant;• any certificate given under the Retail Leases Act 1994 in relation to the tenancy;• a copy of any disclosure statement given under the Retail Leases Act 1994;• a copy of any document served on the tenant under the lease and written details of its service,

if the document concerns the rights of the landlord or the tenant after completion; and• any document served by the tenant under the lease and written details of its service, if the

document concerns the rights of the landlord or the tenant after completion;24.4.4 the vendor must comply with any obligation to the tenant under the lease, to the extent it is to be

complied with by completion; and24.4.5 the purchaser must comply with any obligation to the tenant under the lease, to the extent that

the obligation is disclosed in this contract and is to be complied with after completion.

25 Qualified title, limited title and old system title25.1 This clause applies only if the land (or part of it) –

25.1.1 is under qualified, limited or old system title; or25.1.2 on completion is to be under one of those titles.

25.2 The vendor must serve a proper abstract of title within 7 days after the contract date.25.3 If an abstract of title or part of an abstract of title is attached to this contract or has been lent by the vendor to

the purchaser before the contract date, the abstract or part is served on the contract date.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



25.4 An abstract of title can be or include a list of documents, events and facts arranged (apart from a will orcodicil) in date order, if the list in respect of each document –25.4.1 shows its date, general nature, names of parties and any registration number; and25.4.2 has attached a legible photocopy of it or of an official or registration copy of it.

25.5 An abstract of title –25.5.1 must start with a good root of title (if the good root of title must be at least 30 years old, this

means 30 years old at the contract date);25.5.2 in the case of a leasehold interest, must include an abstract of the lease and any higher lease;25.5.3 normally, need not include a Crown grant; and25.5.4 need not include anything evidenced by the Register kept under the Real Property Act 1900.

25.6 In the case of land under old system title –25.6.1 in this contract 'transfer' means conveyance;25.6.2 the purchaser does not have to serve the form of transfer until after the vendor has served a

proper abstract of title; and25.6.3 each vendor must give proper covenants for title as regards that vendor's interest.

25.7 In the case of land under limited title but not under qualified title –25.7.1 normally, the abstract of title need not include any document which does not show the location,

area or dimensions of the land (for example, by including a metes and bounds description or aplan of the land);

25.7.2 clause 25.7.1 does not apply to a document which is the good root of title; and25.7.3 the vendor does not have to provide an abstract if this contract contains a delimitation plan

(whether in registrable form or not).25.8 The vendor must give a proper covenant to produce where relevant.25.9 The vendor does not have to produce or covenant to produce a document that is not in the possession of the

vendor or a mortgagee.25.10 If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a

photocopy from the Registrar-General of the registration copy of that document.

26 Crown purchase money26.1 This clause applies only if purchase money is payable to the Crown, whether or not due for payment.26.2 The vendor is liable for the money, except to the extent this contract says the purchaser is liable for it.26.3 To the extent the vendor is liable for it, the vendor is liable for any interest until completion.26.4 To the extent the purchaser is liable for it, the parties must adjust any interest under clause 14.1.

27 Consent to transfer27.1 This clause applies only if the land (or part of it) is restricted title land (land that cannot be transferred without

consent under legislation).27.2 The purchaser must properly complete and then serve the purchaser's part of an application for consent to

transfer of the land (or part of it) within 7 days after the contract date.27.3 The vendor must apply for consent within 7 days after service of the purchaser's part.27.4 If consent is refused, either party can rescind.27.5 If consent is given subject to one or more conditions that will substantially disadvantage a party, then that

party can rescind within 7 days after receipt by or service upon the party of written notice of the conditions.27.6 If consent is not given or refused –

27.6.1 within 42 days after the purchaser serves the purchaser's part of the application, the purchasercan rescind; or

27.6.2 within 30 days after the application is made, either party can rescind.27.7 If the legislation is the Western Lands Act 1901 each period in clause 27.6 becomes 90 days.27.8 If the land or part is described as a lot in an unregistered plan, each time in clause 27.6 becomes the later of

the time and 35 days after creation of a separate folio for the lot.27.9 The date for completion becomes the later of the date for completion and 14 days after service of the notice

granting consent to transfer.

28 Unregistered plan28.1 This clause applies only if some of the land is described as a lot in an unregistered plan.28.2 The vendor must do everything reasonable to have the plan registered within 6 months after the contract

date, with or without any minor alteration to the plan or any document to be lodged with the plan validlyrequired or made under legislation.

28.3 If the plan is not registered within that time and in that manner –28.3.1 the purchaser can rescind; and28.3.2 the vendor can rescind, but only if the vendor has complied with clause 28.2 and with any

legislation governing the rescission.28.4 Either party can serve notice of the registration of the plan and every relevant lot and plan number.28.5 The date for completion becomes the later of the date for completion and 21 days after service of the notice.

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



28.6 Clauses 28.2 and 28.3 apply to another plan that is to be registered before the plan is registered.

29 Conditional contract29.1 This clause applies only if a provision says this contract or completion is conditional on an event.29.2 If the time for the event to happen is not stated, the time is 42 days after the contract date.29.3 If this contract says the provision is for the benefit of a party, then it benefits only that party.29.4 if anything is necessary to make the event happen, each party must do whatever is reasonably necessary to

cause the event to happen.29.5 A party can rescind under this clause only if the party has substantially complied with clause 29.4.29.6 If the event involves an approval and the approval is given subject to a condition that will substantially

disadvantage a party who has the benefit of the provision, the party can rescind within 7 days after eitherparty serves notice of the condition.

29.7 If the parties can lawfully complete without the event happening –29.7.1 if the event does not happen within the time for it to happen, a party who has the benefit of the

provision can rescind within 7 days after the end of that time;29.7.2 if the event involves an approval and an application for the approval is refused, a party who has

the benefit of the provision can rescind within 7 days after either party serves notice of therefusal; and

29.7.3 the date for completion becomes the later of the date for completion and 21 days after theearliest of –• either party serving notice of the event happening;• every party who has the benefit of the provision serving notice waiving the provision; or• the end of the time for the event to happen.

29.8 If the parties cannot lawfully complete without the event happening –29.8.1 if the event does not happen within the time for it to happen, either party can rescind;29.8.2 if the event involves an approval and an application for the approval is refused, either party can

rescind;29.8.3 the date for completion becomes the later of the date for completion and 21 days after either

party serves notice of the event happening.29.9 A party cannot rescind under clauses 29.7 or 29.8 after the event happens.

30 Electronic transaction30.1 This Conveyancing Transaction is to be conducted as an electronic transaction if –

30.1.1 this contract says that it is a proposed electronic transaction; and30.1.2 the purchaser serves a notice that it is an electronic transaction within 14 days of the contract

date.30.2 However, this Conveyancing Transaction is not to be conducted as an electronic transaction if, at any time

after it has been agreed that it will be conducted as an electronic transaction, a party serves a notice that itwill not be conducted as an electronic transaction.

30.3 If, because of clause 30.2, this Conveyancing Transaction is not to be conducted as an electronictransaction –30.3.1 each party must –

• bear equally any disbursements or fees; and• otherwise bear that party's own costs;associated with the agreement under clause 30.1; and

30.3.2 if a party has paid all of a disbursement or fee which, by reason of this clause, is to be borneequally by the parties, that amount must be adjusted under clause 14.2.

30.4 If this Conveyancing Transaction is to be conducted as an electronic transaction –30.4.1 to the extent, but only to the extent, that any other provision of this contract is inconsistent with

this clause, the provisions of this clause prevail;30.4.2 normally, words and phrases used in this clause 30 (italicised and in Title Case, such as

Electronic Workspace and Lodgment Case) have the same meaning which they have in theparticipation rules;

30.4.3 the parties must conduct the electronic transaction in accordance with the participation rules andthe ECNL;

30.4.4 a party must pay the fees and charges payable by that party to the ELNO and the Land Registryas a result of this transaction being an electronic transaction;

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



30.4.5 any communication from one party to another party in the Electronic Workspace made –• after receipt of the purchaser's notice under clause 30.1.2; and• before the receipt of a notice given under clause 30.2;is taken to have been received by that party at the time determined by s13A of the ElectronicTransactions Act 2000; and

30.4.6 a document which is an electronic document is served as soon as it is first Digitally Signed in theElectronic Workspace on behalf of the party required to serve it.

30.5 Normally, the vendor must within 7 days of receipt of the notice under clause 30.1.2 –30.5.1 create an Electronic Workspace;30.5.2 populate the Electronic Workspace with title data, the date for completion and, if applicable,

mortgagee details; and30.5.3 invite the purchaser and any discharging mortgagee to the Electronic Workspace.

30.6 If the vendor has not created an Electronic Workspace in accordance with clause 30.5, the purchaser maycreate an Electronic Workspace. If the purchaser creates the Electronic Workspace the purchaser must –30.6.1 populate the Electronic Workspace with title data;30.6.2 create and populate an electronic transfer;30.6.3 populate the Electronic Workspace with the date for completion and a nominated completion

time; and30.6.4 invite the vendor and any incoming mortgagee to join the Electronic Workspace.

30.7 Normally, within 7 days of receiving an invitation from the vendor to join the Electronic Workspace, thepurchaser must –30.7.1 join the Electronic Workspace;30.7.2 create and populate an electronic transfer;30.7.3 invite any incoming mortgagee to join the Electronic Workspace; and30.7.4 populate the Electronic Workspace with a nominated completion time.

30.8 If the purchaser has created the Electronic Workspace the vendor must within 7 days of being invited to theElectronic Workspace –30.8.1 join the Electronic Workspace;30.8.2 populate the Electronic Workspace with mortgagee details, if applicable; and30.8.3 invite any discharging mortgagee to join the Electronic Workspace.

30.9 To complete the financial settlement schedule in the Electronic Workspace –30.9.1 the purchaser must provide the vendor with adjustment figures at least 2 business days before

the date for completion; and30.9.2 the vendor must populate the Electronic Workspace with payment details at least 1 business day

before the date for completion.30.10 At least 1 business day before the date for completion, the parties must ensure that –

30.10.1 all electronic documents which a party must Digitally Sign to complete the electronic transactionare populated and Digitally Signed;

30.10.2 all certifications required by the ECNL are properly given; and30.10.3 they do everything else in the Electronic Workspace which that party must do to enable the

electronic transaction to proceed to completion.30.11 If completion takes place in the Electronic Workspace –

30.11.1 payment electronically on completion of the price in accordance with clause 16.7 is taken to bepayment by a single settlement cheque;

30.11.2 the completion address in clause 16.11 is the Electronic Workspace; and30.11.3 clauses 16.8, 16.12, 16.13, 31.2.2 and 31.2.3 do not apply.

30.12 If the computer systems of any of the Land Registry, the ELNO or the Reserve Bank of Australia areinoperative for any reason at the completion time agreed by the parties, a failure to complete this contract forthat reason is not a default under this contract on the part of either party.

30.13 If the Electronic Workspace allows the parties to choose whether financial settlement is to occur despite thecomputer systems of the Land Registry being inoperative for any reason at the completion time agreed bythe parties –30.13.1 normally, the parties must choose that financial settlement not occur; however

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750

Lot 1

-156 /

1-39

Lord

Sheffie

ld Circ

uit PENRITH N

SW 2750



30.13.2 if both parties choose that financial settlement is to occur despite such failure and financialsettlement occurs –• all electronic documents Digitally Signed by the vendor, the certificate of title and any

discharge of mortgage, withdrawal of caveat or other electronic document forming part of theLodgment Case for the electronic transaction shall be taken to have been unconditionally andirrevocably delivered to the purchaser or the purchaser's mortgagee at the time of financialsettlement together with the right to deal with the land comprised in the certificate of title; and

• the vendor shall be taken to have no legal or equitable interest in the property.30.14 A party who holds a certificate of title must act in accordance with any Prescribed Requirement in relation to

the certificate of title but if there is no Prescribed Requirement, the vendor must serve the certificate of titleafter completion.

30.15 If the parties do not agree about the delivery before completion of one or more documents or things that cannot be delivered through the Electronic Workspace, the party required to deliver the documents orthings –30.15.1 holds them on completion in escrow for the benefit of; and30.15.2 must immediately after completion deliver the documents or things to, or as directed by;the party entitled to them.

30.16 In this clause 30, these terms (in any form) mean –adjustment figures details of the adjustments to be made to the price under clause 14;certificate of title the paper duplicate of the folio of the register for the land which exists

immediately prior to completion and, if more than one, refers to each such paper duplicate;

completion time the time of day on the date for completion when the electronic transaction is to be settled;

discharging mortgagee any discharging mortgagee, chargee, covenant chargee or caveator whose provision of a Digitally Signed discharge of mortgage, discharge of charge or withdrawal of caveat is required in order for unencumbered title to the property tobe transferred to the purchaser;

ECNL the Electronic Conveyancing National Law (NSW);electronic document a dealing as defined in the Real Property Act 1900 which may be created and

Digitally Signed in an Electronic Workspace;electronic transfer a transfer of land under the Real Property Act 1900 for the property to be

prepared and Digitally Signed in the Electronic Workspace established for the purposes of the parties' Conveyancing Transaction;

electronic transaction a Conveyancing Transaction to be conducted for the parties by their legal representatives as Subscribers using an ELN and in accordance with the ECNL and the participation rules;

incoming mortgagee any mortgagee who is to provide finance to the purchaser on the security of the property and to enable the purchaser to pay the whole or part of the price;

mortgagee details the details which a party to the electronic transaction must provide about any discharging mortgagee of the property as at completion;

participation rules the participation rules as determined by the ENCL;populate to complete data fields in the Electronic Workspace; andtitle data the details of the title to the property made available to the Electronic Workspace

by the Land Registry.

31 Foreign Resident Capital Gains Withholding31.1 This clause applies to contracts made on or after 1 July 2016 but only if –

31.1.1 the sale is not an excluded transaction within the meaning of s14-215 of Schedule 1 to the TAAct; and

31.1.2 a clearance certificate in respect of every vendor is not attached to this contract.31.2 The purchaser must –

31.2.1 at least 5 days before the date for completion, serve evidence of the purchaser's submission of apurchaser payment notification to the Australian Taxation Office;

31.2.2 produce on completion a settlement cheque for the remittance amount payable to the Deputy Commissioner of Taxation;

31.2.3 forward the settlement cheque to the payee immediately after completion; and31.2.4 serve evidence of receipt of payment of the remittance amount.

31.3 The vendor cannot refuse to complete if the purchaser complies with clauses 31.2.1 and 31.2.2.31.4 If the vendor serves any clearance certificate or variation, the purchaser does not have to complete earlier

than 7 days after that service and clause 21.3 does not apply to this provision.31.5 If the vendor serves a clearance certificate in respect of every vendor, clauses 31.2 and 31.3 do not apply.

JUMYF5CZR9

Our Ref: 1591609

Additional conditions to the Contract for Sale and Purchase of land

Harts Landing

1- 39 Lord Sheffield Circuit, Penrith NSW 2750

JUMYF5CZR9 i

Contents

30. Defined Terms ................................................................................................. 4

31. Interpretation ................................................................................................... 6

32. Amendment of Printed Conditions ................................................................ 7 32.1 Amendment of Printed Conditions ....................................................................................... 7 32.2 Electronic Transaction .......................................................................................................... 8

33. Notices ............................................................................................................. 9

34. Arrangements for the development and liability of the parties .................. 9 34.1 Development of the Land ..................................................................................................... 9 34.2 No claim by Purchaser ....................................................................................................... 10

35. Real Estate Agent ......................................................................................... 10

36. Building Certificate and Home Owner's Warranty Insurance ................... 10

37. Construction & Colour Scheme Selection .................................................. 11 37.1 Construction ....................................................................................................................... 11 37.2 Colour scheme selection .................................................................................................... 11

38. Rectification of defects ................................................................................ 12 38.1 Safe occupation.................................................................................................................. 12 38.2 Pre-completion inspection .................................................................................................. 12 38.3 Cosmetic or Superficial Defects ......................................................................................... 12 38.4 Defects ............................................................................................................................... 12 38.5 Purchaser Access .............................................................................................................. 12 38.6 Dispute resolution............................................................................................................... 12 38.7 No claims ............................................................................................................................ 13

39. Strata Scheme ............................................................................................... 13 39.1 Contract conditional ........................................................................................................... 13 39.2 Alterations to Scheme Documents ..................................................................................... 13

40. Extensions of time ........................................................................................ 14

41. Time limits ..................................................................................................... 15

42. Assignment of rights .................................................................................... 15

43. No Caveat ...................................................................................................... 16

44. Form of requisitions ..................................................................................... 16

45. Completion .................................................................................................... 16 45.1 Date for completion ............................................................................................................ 16 45.2 Transfer .............................................................................................................................. 17 45.3 Location of completion ....................................................................................................... 17 45.4 Notice to complete ............................................................................................................. 17

46. Purchaser delay ............................................................................................ 17 46.1 Payment of interest ............................................................................................................ 17

JUMYF5CZR9 ii

46.2 Vendor and Developer may refuse completion ................................................................. 17 46.3 Developer entitlement to caveat ........................................................................................ 17 46.4 Delay by Developer or Vendor ........................................................................................... 18 46.5 Completion after 3.30pm .................................................................................................... 18

47. Managing Agent ............................................................................................ 18 47.1 Purchaser’s acknowledgements ........................................................................................ 18 47.2 Purchaser’s obligations ...................................................................................................... 18 47.3 Purchaser not entitled to make a claim .............................................................................. 18 47.4 Obligations of Purchaser on sale of Property .................................................................... 18 47.5 Obligations of the Purchaser essential .............................................................................. 19

48. Developer's rights and disclosures ............................................................ 19 48.1 Creation of Rights............................................................................................................... 19 48.2 Selling and leasing activities .............................................................................................. 19 48.3 Exclusive use areas, Rights and telecommunications ....................................................... 19 48.4 Building Works ................................................................................................................... 20 48.5 Development Consent modification ................................................................................... 20 48.6 Development ...................................................................................................................... 21 48.7 Floor Plan ........................................................................................................................... 21 48.8 Car space & external storage ............................................................................................ 21 48.9 Balconies ............................................................................................................................ 23 48.10 Staged development .......................................................................................................... 23 48.11 Property address, lot numbers and Strata Plan number ................................................... 23 48.12 Purchaser's obligations ...................................................................................................... 24

49. Outgoings ...................................................................................................... 24 49.1 Adjustments ........................................................................................................................ 24 49.2 Sydney Water service charge ............................................................................................ 25 49.3 Insurance ............................................................................................................................ 25 49.4 Moving allowance ............................................................................................................... 25

50. Services ......................................................................................................... 25

51. Representations and Warranties ................................................................. 25 51.1 Purchaser’s reliance on Contract only ............................................................................... 25 51.2 Purchaser’s warranty as to solvency ................................................................................. 26 51.3 Purchaser’s warranty that it is not a Prohibited Entity ....................................................... 26

52. Encumbrances on title and charges ........................................................... 26

53. Rescission ..................................................................................................... 26

54. Authority to accept service .......................................................................... 27

55. GST ................................................................................................................ 27

56. Guarantee ...................................................................................................... 27

57. FIRB ............................................................................................................... 28

58. Deposit ........................................................................................................... 29

59. Bank Guarantee ............................................................................................ 30

60. Privacy Act .................................................................................................... 31

JUMYF5CZR9 iii

60.1 Consent .............................................................................................................................. 31 60.2 Collection of information ..................................................................................................... 31

61. General .......................................................................................................... 32 61.1 Merger ................................................................................................................................ 32 61.2 Severance .......................................................................................................................... 32 61.3 Variation and waiver ........................................................................................................... 32 61.4 Entire Contract ................................................................................................................... 32

62. E - Contract ................................................................................................... 32 62.1 Electronic execution and consents under Electronic Transactions Act 2000 .................... 32 62.2 Dispensing with counterparts ............................................................................................. 32 62.3 Vendor and Developer may require a paper form contract ............................................... 32

Schedule 1 Further additional conditions ........................................................ 34

63. Deposit payable by instalments .................................................................. 34

Schedule 2 Amendments to the additional conditions ................................... 35

JUMYF5CZR9 4

Agreement

30. Defined Terms

In this Contract:

Additional Conditions means these additional conditions, and any further additional conditions in Schedule 1, subject to the amendments, if any, in Schedule 2.

Alteration includes the creation, addition, deletion, replacement or variation of any Scheme Document.

Balcony includes a balcony, courtyard and terrace.

Bank Guarantee means an unconditional bank guarantee issued in favour of the Developer from an institution and in a form approved by the Developer in its absolute discretion.

Builder means the builder under the Building Contract.

Building means the buildings to be constructed on the Land.

Building Contract means the contract for construction of the Building.

By-Laws means the by-laws to be registered with the Strata Plan which, subject to the Developer’s rights under this Contract, is in the form of the draft by-laws contained in Annexure D.

Commercial Space means any part of the Building approved for use for retail or other commercial purposes.

Common Property means the common property created on registration of the Strata Scheme.

Contract means this contract and includes all parts and volumes of, and schedules and annexures to, this contract.

Cosmetic or Superficial Defects includes fair wear and tear, minor shrinkage, tears, scratches, minor chips and blemishes to finished surfaces, minor settlement cracks or matters of normal maintenance.

Council means Penrith City Council, and any other applicable consent authority under the EPA Act.

Default Rate means 15% per annum.

Defect means any defect or fault in the Property due to faulty materials or faulty workmanship, but excludes Cosmetic or Superficial Defects.

Developer means Constant 24 Pty Ltd ACN 608 351 346.

Development means the proposal for the Developer to construct the Building on the Land in accordance with the Development Consent and effect a subdivision in accordance with the Scheme Documents, and undertake ancillary works on adjoining roads on behalf of the Vendor.

Development Consent means the development consent determined as number DA 15/0026.

JUMYF5CZR9 5

EPA Act means the Environmental Planning and Assessment Act, 1979 (NSW).

Final Floor Plan means the floor plan as constructed.

FIRB means the Foreign Investment Review Board.

FIRB Act means the Foreign Acquisitions and Takeovers Act 1975 (Cth).

FIRB Approval means approval under the FIRB Act of the purchase of the Property by the Purchaser.

Floor Plan means a draft floor plan contained in Annexure K.

Foreign Person has the same meaning as in section 4 of the FIRB Act.

Foreign Resident means any person or corporation that is required to obtain FIRB Approval under the FIRB Act.

Guarantor means jointly and separately, each guarantor named as such in this contract and, if the Purchaser is a proprietary limited company, any person who is a director or secretary of the Purchaser on the contract date, or who has signed this Contract as attorney for the Purchaser.

Land means the land in folio identifier 3105/1184499.

LPI means Land and Property Information NSW.

Occupation Certificate has the same meaning as in the EPA Act.

Owners Corporation means the owners corporation created on registration of the Strata Plan.

Presale Commitment Date means 30 June 2017 as extended under Additional Condition 40.

Printed Conditions means conditions 1 to 31 inclusive of the contract for the sale and purchase of land 2016 Edition published by the Law Society of New South Wales and the Real Estate Institute of New South Wales.

Prohibited Entity means any person or entity which:

(a) is a “terrorist organisation” as defined in Part 5.3 of the Criminal Code Act 1995; or

(b) is listed by the Minister for Foreign Affairs in the Government Gazette pursuant to Part 4 of the Charter of the United Nations Act 1945 which list as at the date of this Contract is available from the website of the Australian Department of Foreign Affairs and Trade or such other person or entity on any other list of terrorist or terrorist organisations maintained pursuant to the rules and regulations of the Australian Department of Foreign Affairs and Trade or pursuant to any other Australian legislation and which is available in the public domain.

Project Delivery Agreement means the agreement dated on or about 6 November 2015 between the Vendor and Developer concerning the development of the Land, as amended.

Relevant Authority means Council and every other governmental, semi-governmental, statutory public or other authority whose consent or approval may be required in

JUMYF5CZR9 6

connection with the Land, the Building, the Development or any other matter in connection with this Contract.

Replacement Deposit means an unendorsed bank cheque or Bank Guarantee.

Residential Component means that part of the Land and Building that is subdivided by the Strata Plan.

Rights means any lease, easement, covenant, restriction on use, exclusive use right, by-law, rule, arrangement or agreement relating to any part of the Land including the Strata Scheme.

Schedule of Finishes means the document so described annexed to this Contract and Annexure J.

Scheme Documents means the Stratum Plan, the Strata Plan, By-Laws, the Strata Development Contract, Floor Plan and the Strata Management Statement and any dealing drafted before or after the date of this Contract that is necessary, desirable or appropriate as determined by the Developer or a Relevant Authority to enable registration of the Strata Plan or completion of the Development.

Services include water, drainage, sewerage, gas, electricity, oil, communication and any other services to the Land including the Strata Scheme.

Strata Development Contract means a strata development contract which may be registered with the Strata Plan under Division 2A of Part 2 of the Strata Schemes (Freehold Development) Act 1973 and which, subject to the Developer’s rights under this Contract, may be in the form of the draft strata development contract contained in Annexure E (if any).

Strata Management Statement means a strata management statement pursuant to Division 2B of Part 2 of the Strata Schemes (Freehold Development) Act 1973 (NSW) which, subject to the Developer’s rights under this Contract, will be in the form of the draft strata management statement annexed to this Contract at Annexure B.

Strata Plan means the strata plan of subdivision of proposed lot 1 of the Stratum Plan, which, subject to the Developer’s rights under this Contract, will be in the form of the draft strata plan contained in Annexure A.

Strata Plan Notification Date means the date on which the Developer notifies the Purchaser of registration of the Strata Plan under Additional Condition 45.1(a)(ii).

Strata Scheme means the strata scheme created on registration of the Strata Plan.

Stratum Plan means the stratum plan of subdivision of the Land, which, subject to the Developer’s rights under this Contract, will be in the form of the draft stratum plan contained in Annexure C.

Sunset Date means 31 December 2019 subject to any extension under Additional Condition 40.

31. Interpretation

The following rules of interpretation apply unless the context requires otherwise:

(a) headings, underlinings and any table of contents are for convenience only and do not affect the interpretation of this Contract;

JUMYF5CZR9 7

(b) words importing the singular include the plural and vice versa;

(c) no provision of this Contract will be interpreted against a party on the basis that all or part of the provision was drafted by or on behalf of the party;

(d) a reference to a solicitor includes a party's representative if named in this Contract; and

(e) if there is any inconsistency between the Printed Conditions and these Additional Conditions, these Additional Conditions prevail.

32. Amendment of Printed Conditions

32.1 Amendment of Printed Conditions

The Printed Conditions are amended as set out below:

(a) a reference to “Vendor” is deemed to be a reference to the "Developer", except in:

(i) the first line of the paragraph immediately before clause 1; and

(ii) clauses 9.3.1 and 16.1 to 16.3;

(b) a reference to "Vendor’s agent" is deemed to be a reference to "Developer’s agent";

(c) a reference to "Vendor’s solicitor" is deemed to be a reference to "Developer’s solicitor"; and

(d) Printed Condition 1 is amended so that:

(i) adjustment date means the earlier of the giving of possession to the Purchaser, and 10 business days after the Strata Plan Notification Date;

(ii) business day means a day on which trading banks are open for business in Sydney excluding a Saturday, Sunday or public holiday and any period of five business days commencing on the first business day after 25 December;

(iii) depositholder means Vendor and Developer's Solicitor;

(iv) party means each of the Vendor, the Developer and the Purchaser;

(v) Property means the strata lot or lots the subject of this Contract;

(vi) serve means serve in writing, on each of the other parties, subject to the other provisions of this contract; and

(vii) settlement cheque means an unendorsed cheque made payable to the person to be paid and drawn on its own funds by an Australian bank.

(e) Printed Conditions 7.1.1. is deleted.

(f) Printed Conditions 7.2.1, 7.2.2 and 7.2.5 are deleted, and "1 month" and "3 months" are replaced with "one week" and "two weeks" in Printed Conditions 7.2.3 and 7.2.6 respectively.

JUMYF5CZR9 8

(g) Printed Conditions 8.1 and 8.2 are deleted and the following new Printed Conditions substituted:

"8.1 the Developer is unable or unwilling to comply with a requisition;

8.2 the Developer serves a notice of intention to rescind that specifies the requisition; and".

(h) In Printed Condition 10.2, add the words “improvements or finishes" after "inclusions".

(i) Printed Conditions 12, 13.3.2, 13.8, 14.4.1 and 14.4.2 are deleted.

(j) In Printed Condition 14.5, delete "other amount" and "the land" and substitute "amount" and "the Property" respectively.

(k) Printed Condition 14.8 is deleted.

(l) In Printed Condition 16.5, the words "plus another 20% of that fee" are deleted.

(m) Printed Condition 16.8 is deleted.

(n) Printed Condition 19.2.3 is deleted.

(o) Printed Condition 20.4 is varied by deleting “a party” and inserting in lieu “the Purchaser”.

(p) In Printed Condition 20.6, the following new Printed Condition is inserted:

"20.6.8 served on the next business day, where a document is served on a day that is not a business day".

(q) Printed Condition 23.9 is deleted.

(r) In Printed Condition 23.13 and 23.14, delete "7 days" and substitute "two business days".

(s) Printed Conditions 23.18, 23.9.2 and 24-29 are deleted.

32.2 Electronic Transaction

Despite the election under Choices on page 2 of the Terms Page of the Contract that it is not a proposed electronic transaction, and despite Printed Condition 30.1.1, the parties agree:

(a) in the two months before the anticipated date for registration of the Strata Plan, the Developer may serve a notice on the Purchaser inviting the Purchaser to conduct the Conveyancing Transaction (as contemplated by clause 30) as an electronic transaction;

(b) the Purchaser may within 10 business days of service of the Developer’s notice under Additional Condition 32.2(a) (or such other period as the Developer agrees) serve a notice on the Developer accepting the invitation in which event Printed Clause 30 shall apply; and

(c) if a notice is served under Additional Condition 32.2(a) and the Purchaser does not accept the invitation the Purchaser must in addition to any other money payable under this Contract pay to the Developer’s solicitor a fee of $440 on

JUMYF5CZR9 9

completion as agreed additional costs arising from the completion not being conducted as an electronic transaction plus any additional costs incurred by the Developer or the Vendor. This Additional Condition 32.2(c) is an essential clause of this Contract.

33. Notices

(a) A notice or other communication including, but not limited to, any request demand, consent or approval, to or by a party to this Contract:

(i) must be in legible writing and in English;

(ii) may be delivered or sent by post, email or hand;

(iii) must be sent to the address and/or email address of the recipient as set out in this Contract or notified from time to time by the recipient to the sender;

(iv) must be signed by an officer, employee, solicitor or conveyancer of the sender;

(v) can be relied upon by the recipient (and the recipient is not liable to any other person for any consequences of that reliance) if the recipient believes it to be genuine, correct and authorised by the sender.

(b) A notice or other communication including, but not limited to, any request demand, consent or approval, to or by a party to this Contract that complies with this Additional Condition is regarded as given and received:

(i) if it is sent by mail:

(A) within Australia – three Business Days after posting; or

(B) to or from a place outside Australia – seven Business Days after posting.

(c) Any notice or communication to be given or served by the Purchaser:

(i) must be given or served on the Developer or the Developer’s solicitor;

(ii) once given or served on the Developer or the Developer’s solicitor will be deemed also to be given or served on the Vendor.

(d) Any notice or communication given or served by the Developer on the Purchaser will be deemed to be also given or served by the Vendor on the Purchaser unless the notice or communication expressly states to the contrary.

(e) In this Additional Condition a reference to any person who is a “recipient”, “sender” or “party” includes a reference to that person’s officer, employee, solicitor or conveyancer.

34. Arrangements for the development and liability of the parties

34.1 Development of the Land

The Purchaser acknowledges and the parties agree that:

(a) the Vendor will be the owner of the Land;

JUMYF5CZR9 10

(b) pursuant to the Project Delivery Agreement the Vendor has granted to the Developer the right to develop the Land;

(c) the Vendor has made no representation or warranty (other than as to title) to the Purchaser or to the Developer as to the subject matter of this Contract or any other matter in connection with the sale;

(d) the Vendor has entered into this Contract at the direction of the Developer;

(e) the Vendor is released from all obligations and liabilities under this Contract (except for the transfer of title and the execution and delivery of documents necessary to transfer title to the Purchaser as required by this Contract);

(f) the Vendor is not responsible for the construction, or the condition of, any structures on the Land and is released from all obligations and liabilities in connection with the construction or condition of such structures; and

(g) this Contract contains the whole agreement between the Vendor and the Purchaser in connection with the Property;

(h) the Developer agrees to comply with all construction obligations in connection with any structure erected on, or to be erected on the Property;

(i) if the Project Delivery Agreement is terminated or rescinded the Vendor or Developer may rescind this Contract;

(j) the Purchaser agrees not to lodge a caveat on the title to any part of the Land until such time as the Strata Plan has been registered;

(k) the amount payable by the Purchaser on completion must be paid by bank cheque to the Developer or as it directs; and

(l) to the extent there is any conflict or inconsistency between this Additional Condition 34.1 and the other Additional Conditions this Additional Condition prevails.

34.2 No claim by Purchaser

The Purchaser is not entitled to make a claim, raise a requisition, delay completion or rescind or terminate this Contract in respect of any matter referred to in this Additional Condition 34.

35. Real Estate Agent

The Purchaser warrants that it was not introduced to the Vendor, the Developer, to the Property or the Development by any person other than the Developer's agent (if any) specified in this Contract in circumstances which could give rise to a claim for commission or expenses in respect of the sale of the Property. The Purchaser indemnifies the Developer against any claim arising from or as a consequence of a breach of this warranty.

36. Building Certificate and Home Owner's Warranty Insurance

The Purchaser acknowledges:

(a) the Developer is not required to obtain a building certificate under the EPA Act before completion of this Contract; and

JUMYF5CZR9 11

(b) the Vendor and the Developer are exempt from obtaining, and will not obtain, home owner's warranty insurance under the Home Building Act 1989.

37. Construction & Colour Scheme Selection

37.1 Construction

(a) The Developer must cause the Property to be constructed in a proper and workmanlike manner and generally in accordance with:

(i) plans and specifications approved by each Relevant Authority; and

(ii) the Schedule of Finishes.

(b) If there is any discrepancy between the Schedule of Finishes and any marketing, architectural or other material, the Schedule of Finishes prevails.

(c) The Developer may change any of the following without notice to the Purchaser:

(i) any finish specified in the Schedule of Finishes to another finish of similar quality; and

(ii) any item to be installed in the Property or the Common Property specified in the Schedule of Finishes to another item of similar quality.

(d) Subject to the Developer's compliance with Additional Condition 37.1(c), the Purchaser is neither entitled to make a claim, requisition or objection nor to rescind, terminate, delay completion or refuse to complete this Contract in respect of any change of finish or other feature or amendment of the Schedule of Finishes.

37.2 Colour scheme selection

(a) The Purchaser must notify the Developer of its selection of the internal colour scheme for the Property:

(i) by marking the appropriate box on the front page of this Contract; or

(ii) by written notice to the Developer on or before the date being 15 business days after the date of this Contract.

(b) The Purchaser is:

(i) not entitled to issue a notice to the Developer in accordance with Additional Condition 37.2(a)(ii) if the Purchaser’s selection is indicated on the front page of this Contract; and

(ii) only entitled to issue one notice to the Developer in accordance with Additional Condition 37.2(a)(ii).

(c) If the Purchaser does not notify the Developer of its selection of the internal colour scheme for the Property in accordance with this Additional Condition, the Developer may, in its absolute discretion, select the internal colour scheme for the Property on behalf of the Purchaser without further notice to the Purchaser.

(d) The Purchaser is neither entitled to make a claim, requisition or objection nor to rescind, terminate, delay completion or refuse to complete this Contract in respect

JUMYF5CZR9 12

of any selection of internal colour scheme by the Purchaser or by the Developer on behalf of the Purchaser.

38. Rectification of defects

38.1 Safe occupation

(a) The Purchaser is not entitled to delay completion by reason of any Cosmetic or Superficial Defect and/or Defect unless that defect would prevent the safe occupation of the Property.

(b) An Occupation Certificate is conclusive evidence that there are no Cosmetic or Superficial Defects or Defects which prevent the safe occupation of the Property.

38.2 Pre-completion inspection

The Purchaser is entitled to one inspection of the Property. This inspection may only occur after practical completion of the Building (which will be advised by the Developer to the Purchaser) and must be arranged by prior appointment with the Developer at a mutually agreed date and time during normal business hours. The Purchaser is not entitled to delay completion if it is unavailable to inspect the Property at this date and time.

38.3 Cosmetic or Superficial Defects

(a) Unless noted at the inspection referred to in Additional Condition 38.2, Cosmetic or Superficial Defects will be deemed to have resulted from fair wear and tear of the Property and the Developer is not obliged to repair or replace them.

(b) If Cosmetic or Superficial Defects are noted at the inspection referred to in Additional Condition 38.2, the Developer is not obliged to make good those Cosmetic or Superficial Defects before completion or occupation by the Purchaser, and the Developer will rectify the Cosmetic or Superficial Defects at its cost as soon as is reasonably practicable after completion.

38.4 Defects

If the Purchaser notifies the Developer in writing of any Defects within 90 days after the date for completion (and in this respect the Purchaser may only give one notice, and time is of the essence), the Developer will at its cost make good those Defects as soon as is reasonably practicable after receipt of that notice.

38.5 Purchaser Access

The Purchaser must ensure the Developer has access to the Property at all reasonable times to make good any Defects and Cosmetic or Superficial Defects.

38.6 Dispute resolution

Any dispute under this Additional Condition 38 may be referred by either the Purchaser or the Developer to an architect nominated by the Developer. That architect will act on behalf of both the Purchaser and the Developer jointly as an expert and not as an arbitrator, the architect’s decision will be final and binding on both parties, and the costs of the architect will be borne by the Purchaser.

JUMYF5CZR9 13

38.7 No claims

Other than the Purchaser's rights under Additional Condition 38.4, the Purchaser is not entitled to make a claim, requisition or objection nor to rescind, terminate, delay completion or refuse to complete this Contract in respect of any Defects and/or Cosmetic or Superficial Defects in the Property.

39. Strata Scheme

39.1 Contract conditional

Completion of this Contract is conditional on:

(a) each Relevant Authority giving, where necessary, its approval to the Scheme Documents on terms and conditions acceptable to the Developer; and

(b) subject to Additional Condition 39.2, the registration of the Scheme Documents in a form acceptable to the Developer.

39.2 Alterations to Scheme Documents

(a) Despite anything else in this Contract, the Purchaser is not entitled to make a claim, requisition, objection, rescind or terminate, delay completion of or refuse to complete this Contract in respect of any Alteration that:

(i) may be required by a Relevant Authority to obtain its approval to any Scheme Document;

(ii) may be required by the LPI to obtain the registration of any Scheme Document; or

(iii) is otherwise required by the Developer,

unless the Alteration detrimentally affects the use of the Property to a substantial extent, in which event the only remedy available for the Purchaser is that set out in Additional Condition 39.2(e).

(b) For the purposes of Additional Condition 39.2(a), the Developer and Purchaser agree the following Alterations do not detrimentally affect the use of the Property to a substantial extent:

(i) any reduction in the area of the Property (excluding any Balcony, car space and/or storage space) by less than 5%;

(ii) any allocation (or if allocated, any alteration) in the unit entitlement of the Property or any other lot in the Strata Scheme;

(iii) any alteration in the lot numbers (including the lot number of the Property) or in the total number of lots in the Strata Scheme;

(iv) any alteration or omission of a lot in a Scheme Document other than the Property;

(v) the creation, location or terms of any easements that do not burden the Property;

(vi) any alteration of the Common Property that does not detrimentally affect access to or use of the Property to a substantial extent;

JUMYF5CZR9 14

(vii) any subdivision of the Land and/or alteration of any boundary of the Land;

(viii) the registration of any Right over the Property required by a Relevant Authority;

(ix) any alteration of the By-Laws;

(x) the allocation (or if allocated, the relocation) of any car space or external storage space, or any alteration of the boundaries of any car space, external storage space or Balcony area included in the Property, so long as the area complies with Australian standards and the requirements of any Relevant Authority;

(xi) any alteration of the Strata Development Contract;

(xii) any alteration of the Strata Management Statement;

(xiii) any matter referred to in Additional Conditions 48.1 to 48.11 (inclusive); or

(xiv) any Alteration the substance of which is notified to the Purchaser, if the Purchaser does not within 5 business days after receipt of that notification (and in this respect time is of the essence) notify the Developer that the Purchaser wishes to query the effect of the Alteration.

(c) There may be other Alterations in addition to those referred to in Additional Condition 39.2(b) that do not detrimentally affect the use of the Property to a substantial extent.

(d) The Purchaser acknowledges that the final unit entitlement of the Property has not yet been determined. The unit entitlement, if any, disclosed in this Contract is provisional only and the Purchaser is neither entitled to make a claim, requisition or objection nor to rescind, terminate, delay completion or refuse to complete this Contract if no unit entitlement is disclosed in this Contract or the actual unit entitlement for the Property differs from the provisional unit entitlement disclosed in this Contract.

(e) The Developer will provide the Purchaser access to a copy (by way of website access, internet link or otherwise) of the final Strata Plan no later than 7 business days before completion (being the latest draft of that plan if a copy of the registered plan is not then available from the LPI). The Purchaser has 5 business days (in which respect time is of the essence) from the date that the Developer provides the Purchaser access to a copy of the final Strata Plan in accordance with this Additional Condition to rescind this Contract by written notice to the Developer if any Alteration of the Strata Plan attached to this Contract detrimentally affects the use of the Property to a substantial extent. If the Purchaser fails to rescind this Contract within this 5 Business Day period, the Purchaser is deemed to have accepted any Alteration of the Strata Plan.

40. Extensions of time

The Developer may extend the Presale Commitment Date or the Sunset Date or both (at any time and from time to time) by a period determined by the Developer in its discretion by notice to the Purchaser if:

(a) the Developer or the Builder are delayed by any cause arising from:

(i) inclement weather or conditions resulting from inclement weather;

JUMYF5CZR9 15

(ii) any civil commotion, combination of workmen strikes or lockouts affecting the progress of the construction of the Building or the manufacture or supply of items used to develop and construct the Building;

(iii) any delay in obtaining any approval required by any Relevant Authority; or

(iv) any other matter beyond the Developer’s control;

(b) an extension of time is validly granted to the Builder under the Building Contract entitling the Builder to extend the time for completion of the Building; or

(c) any consent by any Relevant Authority to amend or modify the Building is not approved by the Relevant Authority within 40 days of lodgement of an application for such consent with the Relevant Authority,

provided however that the Developer may not extend the Presale Commitment Date to a date later than 31 March 2018 and the Sunset Date to a date later than 31 December 2020.

41. Time limits

(a) The Developer may need to achieve a level of presales in order to complete the Development. The level of presales required to complete the Development is to be determined by the Developer in its absolute discretion. If for any reason the Developer forms the view that a satisfactory level of presales has not been achieved by the Presale Commitment Date, the Developer may rescind this Contract by notice in writing to the Purchaser given at any time before the day being 20 business days after the Presale Commitment Date.

(b) If for any reason the Strata Plan is not registered on or before the Sunset Date, either the Purchaser or the Developer may, before registration of the Strata Plan, rescind this Contract from the day after the Sunset Date by giving written notice to the Purchaser or the Developer (as the case requires). If the Strata Plan is registered before service of a notice under this Additional Condition, neither party may rescind this Contract under this Additional Condition.

(c) If this Contract is rescinded under this Additional Condition, Printed Condition 19 applies and neither the Developer nor the Purchaser will thereafter have any claim against the other for damages, costs or expenses whatsoever.

42. Assignment of rights

(a) The Purchaser:

(i) acknowledges that the Vendor may transfer or encumber part or all of its interest in the Land to any entity before the date for completion;

(ii) acknowledges that the Developer may transfer or encumber part or all of its interest in the Project Delivery Agreement to any entity before the date for completion; and

(iii) consents to an assignment or novation of the rights and obligations of the Vendor or the Developer (or both) under this Contract.

(b) If the Vendor assigns or novates its rights and obligations under this Contract, the Purchaser must sign any document that the Developer determines is necessary to provide the Purchaser with the same rights and obligations from and to the assignee or novatee as exist from and to the Vendor under this Contract. The

JUMYF5CZR9 16

Vendor indemnifies the Purchaser against any stamp duty liability arising in consequence of the application of this Additional Condition, but the Purchaser is not otherwise entitled to make an objection, requisition or claim for compensation or to rescind, terminate, or delay completion of this Contract as assigned or novated.

(c) If the Developer assigns or novates its rights and obligations under this Contract, the Purchaser must sign any document that the Developer determines is necessary to provide the Purchaser with the same rights and obligations from and to the assignee or novatee as exist from and to the Developer under this Contract. The Developer indemnifies the Purchaser against any stamp duty liability arising in consequence of the application of this Additional Condition, but the Purchaser is not otherwise entitled to make an objection, requisition or claim for compensation or to rescind, terminate, or delay completion of this Contract as assigned or novated.

43. No Caveat

If the Purchaser records a caveat after registration of the Strata Plan it must concern only the Property. If the Purchaser lodges a caveat not permitted by this Additional Condition (or Additional Condition 34.1(j)) it must immediately withdraw the same when requested to do so by the Developer. The Purchaser hereby appoints the Developer as its attorney to sign any withdrawal of caveat lodged by or on behalf of the Purchaser either before registration of the Strata Plan (in respect of the Land or any part of it) or after registration of the Strata Plan (in respect of any Land other than the Property). The power of attorney given under this additional condition 43 is irrevocable and is given for valuable consideration.

44. Form of requisitions

The Purchaser is only entitled to serve requisitions on title in the form contained in Annexure F and the Developer is not obliged to reply to any requisitions on title unless made in that same form and then only after registration of the Strata Plan.

45. Completion

45.1 Date for completion

(a) The Developer will notify the Purchaser when:

(i) the Strata Plan is lodged for registration; and

(ii) the Strata Plan is registered,

and the date for completion is the latest of:

(iii) 10 business days after the Strata Plan Notification Date;

(iv) 10 business days after a copy of the Occupation Certificate is provided to the Purchaser; and

(v) such later date as the Developer in its discretion notifies to the Purchaser (but not later than 15 business days after the requirements of Additional Condition 45.1(a)(iii) and 45.1(a)(iv) have occurred).

(b) If the Strata Plan is registered before the date of this Contract, the date for completion is 20 business days after the date of this Contract.

JUMYF5CZR9 17

45.2 Transfer

(a) The Purchaser must deliver the form of transfer to the Developer's solicitor nolater than 10 business days before the date for completion.

(b) If the Purchaser does not comply with the provisions of Additional Condition45.2(a), the Purchaser must in addition to any other money payable under thisContract pay the Developer’s solicitor a fee of $110 on completion as agreedadditional costs arising from the late delivery of the transfer.

45.3 Location of completion

Completion will occur at the office of the Developer's solicitor or at such other address in Sydney as the Developer directs. If the Purchaser requests completion at another location, and the Developer agrees, the Purchaser must in addition to any other money payable under this Contract pay the Developer’s solicitor a fee of $220 as agreed additional costs arising from completion at that other location.

45.4 Notice to complete

(a) The Developer and Purchaser agree that:

(i) a notice period of not less than 10 business days after the date of serviceof the notice on the recipient is sufficient for the purposes of serving anotice to complete; and

(ii) time will be essential for compliance with the notice to complete.

(b) The Developer or the Purchaser giving the notice can, at any time, withdraw itsnotice to complete without prejudice to its continuing right to give a further notice.

(c) Where the Developer issues a notice to complete, the Purchaser must in additionto any other money payable under this Contract pay the Developer’s solicitor a feeof $385 on completion as agreed additional costs arising from the issue of thenotice to complete.

46. Purchaser delay

46.1 Payment of interest

If for any reason the Purchaser does not complete this Contract on or before the date forcompletion, then on completion the Purchaser must pay to the Developer, by settlementcheque, interest calculated at the Default Rate on the price payable under this Contract inrespect of the period commencing on the day after the date for completion and ending oncompletion. It is agreed that this interest calculation represents a genuine pre-estimate ofthe Developer's losses and damages if completion is delayed otherwise than by theDeveloper's default.

46.2 Vendor and Developer may refuse completion

The Purchaser is in default and cannot require the Vendor and the Developer to completethis Contract unless the interest payable under this Contract is paid to the Developer oncompletion.

46.3 Developer entitlement to caveat

Any money payable by the Purchaser to the Developer or the Vendor but for any reasonunpaid on completion is not waived on completion but remains a capitalised debt due to

JUMYF5CZR9 18

the Developer on which interest at the Default Rate must be paid by the Purchaser until payment in full by the Purchaser to the Developer of the sum of the capitalised debt and any costs incurred by the Developer to recover the capitalised debt. The capitalised debt, costs and interest are secured by a mortgage over the Property after completion and the Purchaser hereby authorises the Developer to lodge a caveat over the Property in respect of that mortgage after completion if any such debt is then due.

46.4 Delay by Developer or Vendor

Despite Additional Condition 46.1, the Purchaser need not pay interest in respect of any part of any period during which completion has been delayed due solely to the fault of the Vendor or the Developer.

46.5 Completion after 3.30pm

If, due to no fault of the Vendor or the Developer, completion takes place after 3.30pm on any day, Additional Conditions 46.1- 46.4 apply as if completion occurs on the first Business Day after the date on which completion actually occurs.

47. Managing Agent

47.1 Purchaser’s acknowledgements

The Purchaser acknowledges that the Developer intends (but is not obliged) to procure the Owners Corporation to do any of the following:

(a) appoint a person nominated by the Developer:

(i) as strata managing agent; and

(ii) as common building manager/caretaker;

(b) amend the by-laws (including the creation of any exclusive use or special privilege) for the benefit of the owner or occupier of any part of the Residential Component; and

(c) from time to time, as necessary, effect or ratify any of the acts referred to in Additional Condition 47.1(a) and (b) at any meeting of the Owners Corporation held after the first annual general meeting.

47.2 Purchaser’s obligations

The Purchaser or any proxy of the Purchaser must vote at any meeting of the Owners Corporation in favour of any resolution or by-law required by the Developer with respect to any of the matters referred to in Additional Condition 47.1(a) to 47.1(c).

47.3 Purchaser not entitled to make a claim

The Purchaser is not entitled to make a claim, raise a requisition, delay completion or rescind or terminate this Contract in respect of any matter referred to in this Additional Condition 47.

47.4 Obligations of Purchaser on sale of Property

If the Purchaser contracts to sell the Property the Purchaser must include in its contract for sale a provision in favour of the Developer requiring the Purchaser under that contract to observe this Additional Condition 47 as if that party were the Purchaser under this Contract.

JUMYF5CZR9 19

47.5 Obligations of the Purchaser essential

The Purchaser agrees that the terms of this Additional Condition 47 are of the essence of this Contract and the Developer would not have entered this Contract if the Purchaser had not agreed to these terms.

48. Developer's rights and disclosures

48.1 Creation of Rights

(a) The Purchaser acknowledges that, at the date of this Contract:

(i) not all Rights may have been created; and

(ii) comprehensive easements for services, support and access and the creation of other rights and obligations may be required between the lots in the Stratum Plan.

(b) The Developer may, if it considers it necessary or desirable for the owner of any of the lots in the Stratum Plan, the owner or occupier of any part of the Residential Component, the owner or occupier of any Commercial Space or itself, create or enter into any Right.

48.2 Selling and leasing activities

(a) The Purchaser agrees that both before and after completion the Developer and persons authorised by the Developer may:

(i) hold an auction or conduct selling and leasing activities on the Land, Common Property or in the Building;

(ii) place and maintain in, on and about the Land, Common Property or the Building (but not the Property) signs in connection with those selling or leasing activities;

(iii) place and maintain in, on and about the Land, Common Property or the Building (but not the Property) an office or other facility for salespersons and managing agents; and

(iv) use any unit as a demonstration unit for exhibition to prospective Purchasers of any property within the Strata Scheme (other than the Property, which may be used as a demonstration unit only until the final inspection),

as the Developer in its absolute discretion thinks fit.

(b) The Purchaser agrees that it has no rights to display signage of any type (including, without limit, real estate sale or leasing signs) in locations visible from outside its Property or on or near the Property.

48.3 Exclusive use areas, Rights and telecommunications

The Purchaser agrees that the Developer may before or after the date of registration of the Strata Plan:

(a) determine that certain areas within the Building or forming part of the Common Property are to be exclusively used by certain persons or for certain purposes (including the owner or occupier of any Commercial Space) and that the

JUMYF5CZR9 20

Developer may cause appropriate Rights, by-laws and/or other measures to be created in order to establish such exclusive use rights;

(b) create Rights to own and/or occupy the roof of the Building and to own and operate facilities on or servicing the roof of the Building, including cabling incidental to any such facilities; and

(c) create Rights in respect of telecommunications cabling for one or more service providers to own and operate cabling and switch rooms on the Common Property and throughout the Building.

48.4 Building Works

The Developer discloses that:

(a) the Developer may carry out or permit the carrying out of building works on the Land;

(b) the Developer may construct or cause to be constructed improvements including, without limitation, structures, buildings, roads, footpaths, and access ways over any part of the Land; and

(c) the Developer may refrain from doing any of these things.

48.5 Development Consent modification

(a) The Developer discloses that the Developer may make:

(i) a new development application to the Relevant Authority; or

(ii) applications to the Relevant Authority under the EPA Act for approval of a modification of the Development Consent,

including, but not limited to, applications in relation to any of the following:

(iii) staging construction;

(iv) amending the timing and/or order of construction;

(v) amending the number and layout of units in any Building;

(vi) amending the number of levels in any Building;

(vii) relocating car spaces and amending car park entry and exits;

(viii) retaining Rights to operate facilities on or servicing the Building and/or Development;

(ix) amending external finishes;

(x) any other development consent application required by the Developer; and

(xi) any modification of the Development Consent required by the Developer.

(b) If the Developer elects to do any of the things referred to in Additional Condition 48.5(a) and does not obtain the Relevant Authority’s approval for a new development application or of the modification of the Development Consent on terms satisfactory to the Developer (in its absolute discretion) then the Developer

JUMYF5CZR9 21

may proceed to carry out the Development in accordance with the Development Consent.

(c) The Developer is not required to obtain the Purchaser's approval to the application for approval of any new Development Consent and/or modification of the Development Consent.

48.6 Development

(a) The Developer discloses:

(i) that before or after completion of this Contract, there may be disruptions or inconveniences in connection with development works in the vicinity of the Property, including activities that may:

(A) cause noise, dust, vibration and disturbance to owners and occupiers of the Building;

(B) cause temporary interference with Services to the Building;

(C) require access to the Land (including airspace over the Building);

(D) obstruct views from the Building;

(ii) before completion of this Contract, the landscaping to the Development may not be completed, and the Developer may complete the landscaping in its absolute discretion in stages.

(b) The Purchaser warrants that it will not make a complaint in relation to any development work or to noise emanating from the construction work unless it first establishes and documents the facts that:

(i) such noise occurs at times and in intensities forbidden by the consent of the Relevant Authority; and

(ii) the entity responsible for the construction work has on more than two successive days refused reasonable requests by the Purchaser to limit the times and/or intensities of noise to levels permitted by the consent of the Relevant Authority.

48.7 Floor Plan

The Developer discloses that:

(a) the Floor Plan comprises the proposed layout of the Property as at the date of this Contract; and

(b) the Final Floor Plan of the Property may differ from the Floor Plan.

48.8 Car space & external storage

(a) If the terms page of this Contract states that the improvements include an external storage space, the Purchaser will be allocated an external storage space (with a minimum space of one cubic metre) in a location to be determined by the Developer before completion.

JUMYF5CZR9 22

(b) If the terms page of this Contract states that the improvements include a car space or external storage space, the Developer may in its absolute discretion, before completion, determine:

(i) for either the car space or the external storage space or both:

(A) whether it will form part of the lot comprised in the Property; or

(B) whether it will be a separate utility lot;

(ii) for the external storage space only, whether it will be an over car bonnet storage box located within the car space or a separate storage space;

(iii) for the car space only:

(A) if the location of the car space is not indicated on the draft strata plan, the location of the car space; or

(B) if the location of the car space is indicated on the draft strata plan, that the location of the car space will be different to that indicated on the draft strata plan.

(c) If this Contract front page states that the improvements include more than one car space then the car spaces may be tandem spaces.

(d) The Developer discloses and the Purchaser agrees that:

(i) the on site car spaces, exclusive of service and visitor spaces, are not to be used by any person other than an owner or occupier of the Residential Component. Any occupant, tenant, lessee or registered proprietor of the Residential Component must not enter into an agreement to lease, license or transfer ownership of any car space to any person other than an occupant, tenant or resident in the Residential Component and that a restriction on user and/or Right may be registered on title to the Property substantially in accordance with the terms of this Additional Condition;

(ii) a restriction on user pursuant to section 39 of the Strata Schemes (Freehold Development) Act 1973 (NSW) may burden all utility car spaces in the Strata Scheme; and

(iii) except to the extent the Developer allocates external storage by way of an overcar bonnet storage box located within the car space, no car spaces in the Building can be used as storage space.

(e) The Purchaser agrees that pipes or conduits (or the like) for Services may before and after registration of the Strata Plan need to be located in or near Common Property or that part of the Property that is designated for storage spaces and/or car spaces and that Rights may need to be created in respect of such pipes or conduits (or the like), provided that such pipes, conduits (or the like) or Rights do not prevent the storage spaces and/or car spaces being utilised for storage or the parking of motor vehicles as the case may be.

(f) The Developer discloses and the Purchaser acknowledges that:

(i) it may be a condition of the Development Consent that visitor parking spaces in the Building must not at any time be allocated, sold, transferred or leased to an individual owner or occupier and must strictly be retained

JUMYF5CZR9 23

as Common Property by the Owners Corporation for use by visitors of the Building; and

(ii) a restriction on user and/or Right may be registered on title to the Property and/or the Common Property substantially in accordance with the terms of this Additional Condition.

(g) The Developer discloses and the Purchaser acknowledges that owners and occupiers of the Building may not be eligible to participate in any existing or proposed Council on-street resident parking schemes.

48.9 Balconies

The Purchaser acknowledges that Balconies forming part of the Building are not designed to be weatherproof and the Purchaser will not require the Developer to weatherproof any Balcony.

48.10 Staged development

(a) The Developer discloses:

(i) the Property may form part of a staged development and the Strata Scheme may be developed in two or more stages on the Land;

(ii) the Developer may amend the Strata Plan by designating some of the proposed lots as development lots, and registering a Strata Development Contract with the Strata Plan;

(iii) construction of the Buildings may occur in stages in accordance with the Strata Development Contract with the effect that construction of the Buildings forming part of the Strata Scheme may not be completed before or after completion;

(iv) the Developer reserves its right to develop or refrain from developing any future stage of construction of any Building on the Land;

(v) the Developer may at any time in the future further subdivide any lot in the Strata Scheme;

(vi) the Developer may carry out or permit the carrying out of building works on the Land;

(vii) the Developer may construct or cause to be constructed improvements including, without limitation, structures, buildings, roads, footpaths, and access ways over any part of the Land before or after completion; and

(viii) the Developer may refrain from doing any of these things.

(b) The Purchaser is not entitled to make a claim, raise a requisition, delay completion or rescind or terminate this Contract in respect of the staging of the Strata Scheme (including, but not limited to, the number of stages) or in respect of any matter referred to in this Additional Condition 48.10 or any matter referred to in, or any variation of or addition to, the Strata Development Contract.

48.11 Property address, lot numbers and Strata Plan number

The Purchaser acknowledges that:

JUMYF5CZR9 24

(a) after the date of this Contract the Developer may apply for further street addresses or a change in street address for the Property;

(b) as at the date of this Contract the Developer may not have obtained approval from the Council, Australia Post or any other Relevant Authority as to the address of the Property;

(c) any of the unit number of the Property, the lot number of the Property, the address of the Property and the lot numbers created by the Stratum Plan may change; and

(d) the number of the Strata Plan and the Stratum Plan will be allocated by LPI.

48.12 Purchaser's obligations

In respect of any matter referred to in Additional Conditions 48.1 – 48.11 inclusive, the Purchaser:

(a) is not entitled to make a claim, raise a requisition, delay completion or rescind or terminate this Contract;

(b) must vote in favour of any motion for a general meeting resolution proposed by the Developer pursuant to its rights under this Additional Condition;

(c) must vote against any motion for a resolution proposed for consideration by a general meeting of the Owners Corporation the passing of which would curtail or inhibit the rights of the Developer under this Additional Condition;

(d) indemnifies the Developer against all losses, damages, liabilities, costs and expenses incurred by the Developer if the Purchaser breaches this Additional Condition; and

(e) if it contracts to sell the Property, will include in its contract for sale a provision in favour of the Developer requiring the Purchaser under that Contract to observe these Additional Conditions as though it were the Purchaser under this Contract.

49. Outgoings

49.1 Adjustments

Despite any other provision in this Contract if, by the date occurring 5 business days before the date for completion, an outgoing referred to in this Additional Condition 49 has not been separately assessed for the Property then (unless the Developer otherwise in its discretion requires) adjustments will take place between the parties on the basis set out below:

(a) $1,500 will be taken to be the amount of council rates payable in respect of the Property for the then current financial year;

(b) $350 will be taken to be the amount of Sydney Water rates payable in respect of the Property for the then current quarter; and

(c) $1,000 will be taken to be the amount of land tax required to be adjusted in respect of the Property for the then current year; and

(d) the Developer will pay all Council, water rates and land tax instalments payable in respect of the Property for those periods referred to in Additional Conditions 49.1(a) to 49.1(c) and no further adjustment between the parties will then be made in respect of those items.

JUMYF5CZR9 25

49.2 Sydney Water service charge

Sydney Water has adopted a policy of raising a charge in relation to each lot in a Strata Scheme immediately on registration of the Strata Scheme. The Purchaser acknowledges that this charge does not represent a "separate assessment" for the purposes of Additional Condition 49.1, and the Purchaser is liable to pay this charge (if any) in full after completion in addition to the adjustment amounts calculated under Additional Condition 49.1.

49.3 Insurance

For the purpose of this Contract a normal expense of the Owners Corporation includes any insurance premiums paid by the Developer in respect of the Building. On completion the parties will adjust on a unit entitlement basis the cost of such insurance premiums for the period of insurance effected by the Developer whether or not strata levies have been struck.

49.4 Moving allowance

(a) The Purchaser must in addition to any other money payable under this Contract allow in favour of the Developer a $220 fee on completion as agreed additional costs arising from the Developer procuring the management and security of Purchasers moving into the Building.

(b) The Purchaser must ensure that it and its tenants comply with any rules in relation to moving into the Building.

50. Services

(a) The Purchaser is not entitled to make a claim, raise a requisition, delay completion, or rescind or terminate this Contract in respect of the location, lack of or defect (latent or patent) in any Services or in respect of any Right required to be granted for any Services.

(b) The Purchaser acknowledges that the Developer has no responsibility for installation of Services other than those that the Developer may be required to provide by a Relevant Authority.

(c) Without limiting Additional Conditions 50(a) and (b), the Purchaser is not entitled to make a claim, raise a requisition, delay completion or rescind or terminate this Contract if an updated drainage diagram or sewer reference sheet showing connections after completion of the Building is not available on completion.

51. Representations and Warranties

51.1 Purchaser’s reliance on Contract only

The Purchaser has, in entering this Contract, relied on its own inquiries relating to the Property, the Strata Scheme, the Building and the Development and has had the opportunity to seek independent legal advice. The Purchaser warrants that, unless stated otherwise in this Contract, the Purchaser has not entered into this Contract in reliance on any statement, representation, promise or warranty made by the Developer or on the Developer's behalf, including:

(a) any statement, representation, promise or warranty in respect of any matter relating to the Property, the Strata Scheme, the Building and the Development or any matter which has or may have an effect on the Property;

JUMYF5CZR9 26

(b) any negotiations or discussions held;

(c) documents or brochures produced;

(d) images, computer generated images or content in connection with theDevelopment; or

(e) the display suite and the sales office.

51.2 Purchaser’s warranty as to solvency

The Purchaser warrants that:

(a) as at the date of this contract; and

(b) for the period immediately after the date of this contract up to and includingcompletion,

the Purchaser is and will be able to pay all of the Purchaser’s debts as when they become due and payable. If the Purchaser breaches this warranty it must give the Developer notice of the breach within two business days of becoming aware of the breach.

51.3 Purchaser’s warranty that it is not a Prohibited Entity

The Purchaser warrants that:

(a) as at the date of this contract; and

(b) for the period immediately after the date of this contract up to and includingcompletion,

it is not a Prohibited Entity. If the Purchaser breaches this warranty it must give the Developer notice of the breach within two business days of becoming aware of the breach. If the Purchaser breaches this warranty the Developer may terminate.

52. Encumbrances on title and charges

(a) If any encumbrance (excluding a caveat lodged by or on behalf of the Purchaser)to which this Contract is not subject is noted on the certificate of title for theProperty on completion then:

(i) the Purchaser must accept a duly executed discharge in registrable formwhich will remove the encumbrance together with the applicableregistration fee; and

(ii) when the Developer gives the Purchaser the discharge, the Vendor isregarded as having given the Purchaser a transfer of the Property freefrom the encumbrance.

(b) Despite any other provision of this Contract, neither the Vendor or the Developerhas an obligation to provide to the Purchaser on completion a release ordischarge (partial or full) of any security interest registered against the Developeror the Vendor.

53. Rescission

Without affecting any other right of the Developer, if any Purchaser:

JUMYF5CZR9 27

(a) is a corporation and before completion:

(i) it enters into a scheme;

(ii) it makes any arrangement for the benefit of creditors;

(iii) an order is made to wind up the Purchaser;

(iv) a liquidator or administrator is appointed in respect of the Purchaser;

(v) a mortgagee enters into possession of all or a substantial part of theassets of the Purchaser;

(vi) it is deemed by any relevant legislation to be unable to pay its debts;

(vii) a receiver, receiver and manager or agent of a mortgagee is appointed toall or a substantial part of the assets of the Purchaser; or

(viii) breaches the warranty given under Additional Condition 51.2; or

(b) is an individual who before completion:

(i) dies;

(ii) becomes mentally ill;

(iii) is declared bankrupt; or

(iv) breaches the warranty given under Additional Condition 51.2,

then the Developer may rescind this Contract and the provisions of Printed Condition 19 apply.

54. Authority to accept service

The Purchaser appoints the Purchaser's solicitor as its agent to receive service of anylegal process on its behalf without excluding any other means of service permitted by law.

55. GST

Despite any other provision of this Contract the parties agree the price includes GST.

56. Guarantee

(a) In consideration of the Vendor and the Developer agreeing to enter into thisContract with the Purchaser at the request of the signatory for the Purchaser onthis Contract, the Guarantor guarantees to the Vendor the due and punctualpayment by the Purchaser to the Vendor of the Guaranteed Money andperformance by the Purchaser of the Guaranteed Obligations.

(b) The Guarantor's obligations in this contract are principal obligations and may beenforced against the Guarantor without the Vendor first being required to exhaustany remedy it may have against the Purchaser.

(c) This guarantee is a continuing guarantee. The Guarantor's obligations in thiscontract are absolute, unconditional and irrevocable. The liability of the Guarantorunder this contract extends to and is not affected by any circumstance, act oromission which, but for this subclause, might otherwise affect it at law or in equity.

JUMYF5CZR9 28

(d) For the consideration mentioned in clause 56(a), the Guarantor (as primaryobligor) must unconditionally indemnify the Vendor and the Developer against,and must pay the Vendor and the Developer on demand the amount of, any lossthat the Vendor or the Developer may incur because:

(i) Guaranteed Obligations are unenforceable, or

(ii) Guaranteed Money is not recoverable from the Purchaser or is repaid afterit has been recovered.

(e) This contract is legally binding as between the Vendor, Developer and Purchasereven if any Guarantor has not executed it.

(f) If the Purchaser is a proprietary limited company, any person who is a director,secretary or attorney of the Purchaser and who has signed this Contract in thatcapacity, also signs in its capacity as Guarantor.

(g) If any Guarantor has not executed this contract, then the Vendor and theDeveloper may request the Purchaser to arrange for each Guarantor to execute adeed of guarantee in substantially the same form as this clause within 14 days ofthe Developer's request. This clause 56(g) is an essential term of this contract.

57. FIRB

(a) The Purchaser must on or before the date of this Contract notify the Developer ofits FIRB status by completing the tax file number and FIRB notification formcontained in Annexure G.

(b) The Purchaser warrants that the Purchaser's FIRB status indicated on the tax filenumber and FIRB notification form contained in Annexure G is correct andcomplete.

(c) If the Purchaser does not indicate that it is a Foreign Resident in accordance withAdditional Condition 57(a) then the Purchaser warrants that the Commonwealthcannot prohibit completion of the transfer of the Property to the Purchaser underthe FIRB Act.

(d) In accordance with the letter from FIRB dated 3 June 2016, a copy of which iscontained in Annexure H, Foreign Residents are exempt from the normal legalrequirement that they individually apply for approval under the FIRB Act withrespect to the purchase of this Property.

(e) If for any reason FIRB prohibits the transfer of the Property to the Purchaser atany time before completion, then:

(i) the Purchaser must immediately notify the Vendor of the prohibition inwriting; and

(ii) the Vendor may terminate the Contract by giving written notice to thePurchaser at any time after the Vendor learns of that prohibition andPrinted Condition 9 applies.

(f) The Purchaser indemnifies and will keep indemnified the Vendor against alllosses, damages, liabilities, claims, costs and expenses incurred by the Vendorarising out of any breach of this Additional Condition by the Purchaser.

(g) If the Vendor or the Developer becomes liable to pay any fee to any RelevantAuthority in connection with the Purchaser’s acquisition of the Property because of

JUMYF5CZR9 29

the Purchaser’s residency, including if the Purchaser is a Foreign Resident, the Purchaser indemnifies the party who has become liable for that fee and must pay to the Vendor the amount of the fee on completion. The obligation under this Additional Condition is of the essence of the Contract.

58. Deposit

(a) The parties authorise and direct the depositholder to invest the deposit in an interest bearing account with a financial institution selected by the depositholder.

(b) The Purchaser must provide the depositholder with the Purchaser's tax file number on or before exchange by completing the tax file number and FIRB notification form contained in Annexure G.

(c) The Purchaser must provide the depositholder with any other information or assistance necessary for the purposes of the investment of the deposit. If the Purchaser fails to do so within 3 business days after the date of this Contract (and in this respect time is of the essence) then, despite any other provision in this Contract to the contrary, all interest earned on the investment of the deposit will be paid to the Developer.

(d) If the Contract:

(i) is properly terminated, the party that properly terminates the Contract is entitled to the deposit and any interest earned on the investment of the deposit and the parties authorise the depositholder to release the deposit and any interest earned on the investment of the deposit to the party that properly terminates the Contract;

(ii) is disclaimed by a liquidator or trustee in bankruptcy appointed to the Purchaser, the parties authorise the depositholder to release the deposit and any interest earned on the deposit to the Developer; or

(iii) is rescinded on account of breach by the Vendor or the Developer, the Purchaser is entitled to the deposit and any interest earned on the investment of the deposit and the parties authorise the depositholder to release the deposit and any interest earned on the investment of the deposit to the Purchaser.

(e) If for any reason other than default on the part of the Vendor or the Developer, the Purchaser does not complete this Contract on or before the date for completion, the Developer is entitled to any interest earned on the investment of the deposit and the parties authorise the depositholder to release the interest earned on the investment of the deposit to the Developer.

(f) If Additional Conditions 58(d) and (e) do not apply, on completion the Purchaser and the Developer becomes entitled to a half-share of the interest earned on the investment of the deposit and the parties authorise the depositholder to release a half share of the interest earned on the deposit to both the Purchaser and the Developer.

(g) The parties authorise the depositholder to deduct its reasonable administrative costs of investing and redeeming the deposit from the interest accrued on the deposit.

(h) The Developer and the Purchaser agree to indemnify the depositholder for the costs of preparing and lodging any income tax return required in respect of the

JUMYF5CZR9 30

investment of the deposit and authorise the depositholder to deduct those costs from the interest earned on the deposit.

(i) The depositholder has no obligation to invest the deposit:

(i) until the Purchaser gives the depositholder its tax file number (unless the Purchaser is a Foreign Person) and, if the Purchaser fails to provide its tax file number within three business days after the date of this Contract, it has no entitlement to interest earned on the deposit (see Additional Condition 58(c));

(ii) unless the deposit is paid in cash or by cheque and is equal to a minimum of 10% of the price;

(iii) until the whole of the deposit is paid;

(iv) if the settlement date is anticipated to be less than 90 days after the Contract date; or

(v) if the Purchaser has notified the Developer that it intends to substitute a cash deposit with a Bank Guarantee in accordance with the terms of this Contract.

(j) The parties agree that the depositholder may terminate the investment of the deposit at any reasonable time prior to completion of this Contract, so that the deposit and accrued interest will be available at completion or as soon as reasonably practicable after completion. At no time is the Developer or the Purchaser entitled to receive any of the interest earned on the investment of the deposit before this Contract is completed or terminated.

(k) The depositholder is not liable to the Developer or Purchaser for loss of interest on the deposit, however occurring (other than by reason of fraud).

59. Bank Guarantee

(a) If the Developer accepts a Bank Guarantee for the deposit:

(i) the delivery of the Bank Guarantee on or before the date of this Contract to the Developer will, to the extent of the amount guaranteed under the Bank Guarantee, be deemed to be payment, or part payment, of the deposit in accordance with this Contract;

(ii) if the Bank Guarantee contains an expiry date, the expiry date must be no earlier than a date occurring 12 months after the Sunset Date;

(iii) on completion of this Contract, the Purchaser will pay to the Developer, in addition to all other moneys payable under this Contract, the amount stipulated in the Bank Guarantee, by way of unendorsed bank cheque, whereupon the Developer will return the Bank Guarantee to the Purchaser;

(iv) if the Developer serves on the Purchaser a notice of termination under Printed Condition 9, the Purchaser will immediately pay the deposit (or so much of it as has not been paid) to the Developer; and

(v) the Developer acknowledges that a payment by the guarantor under the Bank Guarantee will, to the extent of the amount paid, satisfy the Purchaser’s obligations to pay the deposit under this Additional Condition.

JUMYF5CZR9 31

(b) If the Developer accepts a Bank Guarantee from the Purchaser with an expirydate then the Purchaser must provide to the Developer, at least 30 business daysbefore the expiry of the existing Bank Guarantee (and in this respect time is of theessence), the Replacement Deposit for the deposit on terms acceptable to theDeveloper in its absolute discretion.

(c) The Developer will return the original Bank Guarantee to the Purchaser inexchange for the Replacement Deposit.

(d) If the Purchaser does not provide the Replacement Deposit when required inaccordance with Additional Condition 59(b), the Purchaser is in default of thisContract and the Developer may at any time within 30 business days before theexpiry of the existing Bank Guarantee call on the Bank Guarantee without noticeto the Purchaser and:

(i) apply the proceeds towards the deposit under this Contract; or

(ii) terminate this Contract and the provisions of Printed Condition 9 apply.

60. Privacy Act

60.1 Consent

The Purchaser consents to its personal information being:

(a) used by the Developer:

(i) in connection with the Developer’s business; or

(ii) as specified in any applicable privacy statement; and

(b) disclosed by the Developer or the Vendor if required or permitted by law;

(c) disclosed by the Developer:

(i) as specified in any applicable privacy statement;

(ii) to any person with whom the Developer deals in connection with theDeveloper’s business, including persons who are overseas.

60.2 Collection of information

The Purchaser acknowledges and agrees that the Developer may collect information about the Purchaser set out in this Contract or made available to the Developer in relation to this Contract and that the Developer may disclose that information in relation to this Contract to:

(a) the Developer’s agent (or prospective agent);

(b) the Developer’s financier or financial adviser (or prospective financier or financialadviser);

(c) external service providers (including solicitors, insurers and accountants); and

(d) any person with whom the Developer deals with in connection with theDeveloper’s business, including persons who are overseas.

JUMYF5CZR9 32

61. General

61.1 Merger

The rights and obligations of the parties will not merge on completion of this Contract. All provisions of this Contract will have application after completion for as long as necessary to give effect to the operation of those provisions.

61.2 Severance

Any provision of this Contract that is prohibited or unenforceable is ineffective to the extent of the prohibition or unenforceability but the validity or enforceability of the remaining provisions of this Contract will not be affected.

61.3 Variation and waiver

(a) A variation of any term of this Contract must be in writing and signed by the parties.

(b) A waiver of a condition of the operation of this Contract must be in writing and signed by the party having the benefit of the condition.

61.4 Entire Contract

This Contract constitutes the entire agreement between the parties in respect of its subject matter. In particular, the parties acknowledge that no oral statement communicated between the parties and/or their agents and representatives or written material provided on behalf of a party, by its agent or representative (Communication) has been interpreted as in any way qualifying the terms of this Contract, and that no Communication in future will be interpreted as qualifying the terms of this Contract unless confirmed as a variation.

62. E - Contract

62.1 Electronic execution and consents under Electronic Transactions Act 2000

(a) Each party consents to this contract being signed by any other party in accordance with an electronic communication method that is approved by the Vendor and the Developer.

(b) Clause 62.2 does not apply if this contract is exchanged in customary paper form.

62.2 Dispensing with counterparts

The parties to this contract agree that, despite any custom, practise or code otherwise followed in respect of contracts for the sale of land, this contract:

(a) is made on its execution by all parties to it;

(b) need not be executed and exchanged in counterparts; and

(c) constitutes an original document in an electronic format.

62.3 Vendor and Developer may require a paper form contract

(a) The Vendor or the Developer may require by notice to the Purchaser that the Purchaser sign a customary paper form contract on substantially the same terms as this contract (Paper Contract).

JUMYF5CZR9 33

(b) If the Vendor or the Developer serve a notice pursuant to clause 62.3(a), thePurchaser must sign and deliver to the Vendor's and Developer's solicitor thePaper Contract accompanying that notice within 14 days.

(c) If the Purchaser does not comply with clause 62.3(b), then the Purchaser appointsthe Vendor and the Developer (jointly and severally) as its attorney to comply withthat clause.

(d) The parties acknowledge and agree that a Paper Contract is only intended torecord the detailed terms of the contract in paper form, and confirm that theyintend to be and will be bound by the contract on the date of this document.

JUMYF5CZR9 34

Schedule 1 Further additional conditions

63. Deposit payable by instalments

The Purchaser may pay the deposit in two instalments, the first in the sum of $5,000.00 on or before the entering into of this Contract and the balance of the deposit on or before 5.00pm on the day being 10 business days after the date of this Contract.

JUMYF5CZR9 35

Schedule 2 Amendments to the additional conditions

This Schedule 2 has precedence over any of the other Additional Conditions except Additional Condition 34.1.

The parties agree the Additional Conditions are amended as follows:

Additional Condition Amendment

Nil Nil

JUMYF5CZR9 36

ANNEXURE A Strata Plan

CO

MB

EW

OO

D A

VE

NU

E

LORD SHEFFIELD CIRCUIT

FINAL DIMENSIONS, AREAS AND LAYOUTS ARE SUBJECT TO SURVEY".

"THIS IS A DRAFT STRATA PLAN PREPARED FOR CONTRACT PURPOSES ONLY.

1 14

300

LOCATION PLAN

SP

Registered:Surveyor:

Lengths are in metres. Reduction Ratio 1:

Surveyor Ref:

Subdivision No:

43092SP1

DRAFT

ISSUE FOR REVIEW: 03-05-16

GLENN HARRIS COX

THIS IS A DRAFT PLAN ONLY AND ISSUBJECT TO FINAL SURVEY

Registered Surveyors NSW

LOCKLEY

www.ltsl.com.au

STRATA PLAN FORM 2 (A3) Sheet of sheets

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

14020 3010 120 1309080 100 1106050 7040 150

ROBERTSON + MARKS ARCHITECTS REFERENCE No.PEN AR WD ABC

"THIS IS A DRAFT STRATA PLAN PREPARED FROM ARCHITECTURAL PLANS BY

BASEMENT 001/4 ISSUE 4 DATED 28.04.16

LEVEL 1 002/5 ISSUE 5 DATED 28.04.16











2 14

200

BASEMENT

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150

CAR PARKING

UNDER REVIEW

m²)

1

TOTAL m²

PT

(88

m²)

2

TOTAL m²

PT

(61

m²)

3

TOTAL m²

PT

(58

m²)

4

TOTAL m²

PT

(62



1 81 7

2 54 7

3 50 8

4 54 8

Lot Unit Balcony Parking Store

3 14

200

LEVEL 1 - BUILDING A

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150

BASEMENT CAR PARKING ADJOINS

CAR PARKING

UNDER REVIEW

m²)

12

TOTAL m²

PT

(66

m²)

5

TOTAL m²

PT

(66

m²)

11

TOTAL m²

PT

(78

m²)

6

TOTAL m²

PT

(80

m²)

10

TOTAL m²

PT

(69

m²)

7

TOTAL m²

PT

(78

m²)

8

TOTAL m²

PT

( 81 m²)

14

TOTAL m²

PT

( 92

m²)

15

TOTAL m²

PT

(80

m²)

16

TOTAL m²

PT

( 59

m²)

17

TOTAL m²

PT

(58

m²)

18

TOTAL m²

PT

( 59

m²)

9

TOTAL m²

PT

( 96

m²)

13

TOTAL m²

PT

(73



5 60 6

6 71 9

7 71 7

8 75 6

9 89 7

10 60 9

11 66 12

12 60 6

13 63 10

14 86 6

15 73 7

16 52 7

17 51 7

18 51 8


4 14

200

LEVEL 2

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

26

TOTAL m²

PT

(78

m²)

19

TOTAL m²

PT

(79

m²)

25

TOTAL m²

PT

(89

m²)

20

TOTAL m²

PT

( 80

m²)

24

TOTAL m²

PT

(83

m²)

21

TOTAL m²

PT

( 78

m²)

22

TOTAL m²

PT

(81

m²)

28

TOTAL m²

PT

(82

m²)

29

TOTAL m²

PT

( 79

m²)

30

TOTAL m²

PT

( 59

m²)

31

TOTAL m²

PT

(58

m²)

32

TOTAL m²

PT

(58

m²)

23

TOTAL m²

PT

(95

m²)

27

TOTAL m²

PT

(96



19 73 6

20 71 9

21 71 7

22 75 6

23 87 8

24 70 13

25 78 11

26 73 5

27 82 14

28 76 6

29 73 6

30 52 7

31 51 7

32 51 7


5 14

200

LEVEL 3

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

40

TOTAL m²

PT

(78

m²)

33

TOTAL m²

PT

(79

m²)

39

TOTAL m²

PT

(89

m²)

34

TOTAL m²

PT

(80

m²)

38

TOTAL m²

PT

(82

m²)

35

TOTAL m²

PT

(78

m²)

36

TOTAL m²

PT

( 81 m²)

42

TOTAL m²

PT

( 82

m²)

43

TOTAL m²

PT

(79

m²)

44

TOTAL m²

PT

(59

m²)

45

TOTAL m²

PT

(58

m²)

46

TOTAL m²

PT

( 58

m²)

37

TOTAL m²

PT

( 94

m²)

41

TOTAL m²

PT

( 94



33 73 6

34 71 9

35 71 7

36 75 6

37 87 7

38 70 12

39 78 11

40 73 5

41 82 12

42 76 6

43 73 6

44 52 7

45 51 7

46 51 7


6 14

200

LEVEL 4

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

54

TOTAL m²

PT

(78

m²)

47

TOTAL m²

PT

(79

m²)

53

TOTAL m²

PT

(89

m²)

48

TOTAL m²

PT

(80

m²)

52

TOTAL m²

PT

(82

m²)

49

TOTAL m²

PT

(78

m²)

50

TOTAL m²

PT

( 81 m²)

56

TOTAL m²

PT

( 82

m²)

57

TOTAL m²

PT

(79

m²)

58

TOTAL m²

PT

(59

m²)

59

TOTAL m²

PT

(58

m²)

60

TOTAL m²

PT

( 58

m²)

51

TOTAL m²

PT

( 94

m²)

55

TOTAL m²

PT

( 94



47 73 6

48 71 9

49 71 7

50 75 6

51 87 7

52 70 12

53 78 11

54 73 5

55 82 12

56 76 6

57 73 6

58 52 7

59 51 7

60 51 7


7 14

200

LEVEL 5

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

68

TOTAL m²

PT

(78

m²)

61

TOTAL m²

PT

(79

m²)

67

TOTAL m²

PT

(89

m²)

62

TOTAL m²

PT

( 80

m²)

66

TOTAL m²

PT

(82

m²)

63

TOTAL m²

PT

( 78

m²)

64

TOTAL m²

PT

(81

m²)

70

TOTAL m²

PT

(82

m²)

71

TOTAL m²

PT

( 79

m²)

72

TOTAL m²

PT

( 59

m²)

73

TOTAL m²

PT

(58

m²)

74

TOTAL m²

PT

(58

m²)

65

TOTAL m²

PT

(94

m²)

69

TOTAL m²

PT

(94



61 73 6

62 71 9

63 71 7

64 75 6

65 87 7

66 70 12

67 78 11

68 73 5

69 82 12

70 76 6

71 73 6

72 52 7

73 51 7

74 51 7


8 14

200

LEVEL 6

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

82

TOTAL m²

PT

( 78

m²)

75

TOTAL m²

PT

( 79

m²)

81

TOTAL m²

PT

(89

m²)

76

TOTAL m²

PT

(80

m²)

80

TOTAL m²

PT

(82

m²)

77

TOTAL m²

PT

(78

m²)

78

TOTAL m²

PT

(81

m²)

84

TOTAL m²

PT

(82

m²)

85

TOTAL m²

PT

(79

m²)

86

TOTAL m²

PT

(59

m²)

87

TOTAL m²

PT

(58

m²)

88

TOTAL m²

PT

(58

m²)

79

TOTAL m²

PT

(94

m²)

83

TOTAL m²

PT

(94



75 73 6

76 71 9

77 71 7

78 75 6

79 87 7

80 70 12

81 78 11

82 73 5

83 82 12

84 76 6

85 73 6

86 52 7

87 51 7

88 51 7


9 14

200

LEVEL 7

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

96

TOTAL m²

PT

(78

m²)

89

TOTAL m²

PT

(79

m²)

95

TOTAL m²

PT

(89

m²)

90

TOTAL m²

PT

(80

m²)

94

TOTAL m²

PT

(82

m²)

91

TOTAL m²

PT

(78

m²)

92

TOTAL m²

PT

(81

m²)

98

TOTAL m²

PT

(82

m²)

99

TOTAL m²

PT

(79

m²)

100

TOTAL m²

PT

(59

m²)

101

TOTAL m²

PT

( 58

m²)

102

TOTAL m²

PT

(58

m²)

93

TOTAL m²

PT

(94

m²)

97

TOTAL m²

PT

(94



89 73 6

90 71 9

91 71 7

92 75 6

93 87 7

94 70 12

95 78 11

96 73 5

97 82 12

98 76 6

99 73 6

100 52 7

101 51 7

102 51 7


10 14

200

LEVEL 8

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

110

TOTAL m²

PT

( 78

m²)

103

TOTAL m²

PT

( 79

m²)

109

TOTAL m²

PT

(89

m²)

104

TOTAL m²

PT

(80

m²)

108

TOTAL m²

PT

(82

m²)

105

TOTAL m²

PT

(78

m²)

106

TOTAL m²

PT

(81

m²)

112

TOTAL m²

PT

(82

m²)

113

TOTAL m²

PT

(79

m²)

114

TOTAL m²

PT

(59

m²)

115

TOTAL m²

PT

(58

m²)

116

TOTAL m²

PT

(58

m²)

107

TOTAL m²

PT

(94

m²)

111

TOTAL m²

PT

(94



103 73 6

104 71 9

105 71 7

106 75 6

107 87 7

108 70 12

109 78 11

110 73 5

111 82 12

112 76 6

113 73 6

114 52 7

115 51 7

116 51 7


11 14

200

LEVEL 9

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING A

m²)

117

TOTAL m²

PT

( 86

m²)

118

TOTAL m²

PT

(79

m²)

119

TOTAL m²

PT

(64

m²)

120

TOTAL m²

PT

( 80

m²)

121

TOTAL m²

PT

(69



117 76 10

118 72 7

119 54 10

120 71 9

121 61 8

122 76 8

123 76 9

124 54 9

125 71 8

126 74 8

127 76 8

128 76 9

129 54 9

130 71 8

131 74 8

m²)

122

TOTAL m²

PT

(84

m²)

123

TOTAL m²

PT

(85

m²)

124

TOTAL m²

PT

(63

m²)

125

TOTAL m²

PT

( 79

m²)

126

TOTAL m²

PT

(82

m²)

127

TOTAL m²

PT

( 84

m²)

128

TOTAL m²

PT

(85

m²)

129

TOTAL m²

PT

(63

m²)

130

TOTAL m²

PT

( 79

m²)

131

TOTAL m²

PT

(82


12 14

200

LEVEL 2

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING B

LEVEL 3

BUILDING B

LEVEL 4

BUILDING B

m²)

132

TOTAL m²

PT

(84

m²)

133

TOTAL m²

PT

( 85

m²)

134

TOTAL m²

PT

(63

m²)

135

TOTAL m²

PT

(79

m²)

136

TOTAL m²

PT

(82



132 76 8

133 76 9

134 54 9

135 71 8

136 74 8

137 76 8

138 76 9

139 54 9

140 71 8

141 74 8

142 76 8

143 76 9

144 54 9

145 71 8

146 74 8

m²)

137

TOTAL m²

PT

(84

m²)

138

TOTAL m²

PT

(85

m²)

139

TOTAL m²

PT

(63

m²)

140

TOTAL m²

PT

(79

m²)

141

TOTAL m²

PT

( 82

m²)

142

TOTAL m²

PT

(84

m²)

143

TOTAL m²

PT

(85

m²)

144

TOTAL m²

PT

(63

m²)

145

TOTAL m²

PT

(79

m²)

146

TOTAL m²

PT

(82


13 14

200

LEVEL 5

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150


BUILDING B

LEVEL 6

BUILDING B

LEVEL 7

BUILDING B

m²)

147

TOTAL m²

PT

(84

m²)

148

TOTAL m²

PT

(85

m²)

149

TOTAL m²

PT

(63

m²)

150

TOTAL m²

PT

(79

m²)

151

TOTAL m²

PT

(82



147 76 8

148 76 9

149 54 9

150 71 8

151 74 8

152 76 8

153 76 9

154 54 9

155 71 8

156 74 8

m²)

152

TOTAL m²

PT

(84

m²)

153

TOTAL m²

PT

(85

m²)

154

TOTAL m²

PT

( 63

m²)

155

TOTAL m²

PT

( 79

m²)

156

TOTAL m²

PT

(82


14 14

200

LEVEL 8

SP



Surveyor Ref:

Subdivision No:

43092SP1

DRAFT


GLENN HARRIS COX



LOCKLEY

www.ltsl.com.au



14020 3010 120 1309080 100 1106050 7040 150

BUILDING B

LEVEL 9

BUILDING B

JUMY3KVKRP 37

ANNEXURE B Strata Management Statement

JUMKYL6B9J

Our Ref: 1591609 DRAFT Version 01

Strata Management Statement

Harts Landing

1- 39 Lord Sheffield Circuit, Penrith NSW 2750

JUMKYL6B9J

Contents

1. Definitions and Interpretations ...................................................................... 6 1.1 Definitions ............................................................................................................................. 6 1.2 General interpretation .......................................................................................................... 8 1.3 Next business day ................................................................................................................ 9 1.4 Severance ............................................................................................................................ 9 1.5 Construction ......................................................................................................................... 9 1.6 Headings .............................................................................................................................. 9

2. Overview .......................................................................................................... 9 2.1 Introduction ........................................................................................................................... 9 2.2 Effect of this Statement ........................................................................................................ 9

3. Building Management Committee, Members and Representatives ......... 10 3.1 Establishment ..................................................................................................................... 10 3.2 Composition ....................................................................................................................... 10 3.3 Representatives and Alternates ......................................................................................... 10 3.4 Functions ............................................................................................................................ 10 3.5 Power of the Building Management Committee to act on behalf of the Members ............ 11

4. Officers of the Building Management Committee ...................................... 11 4.1 Appointment ....................................................................................................................... 11 4.2 Eligibility.............................................................................................................................. 12 4.3 Vacation of Office ............................................................................................................... 12 4.4 Secretary’s Functions ......................................................................................................... 12 4.5 Treasurer’s Functions ........................................................................................................ 12 4.6 Chair’s Functions................................................................................................................ 12

5. Meetings and Procedure of the Building Management Committee .......... 12 5.1 When a meeting must be held ........................................................................................... 12 5.2 Request for a meeting ........................................................................................................ 13 5.3 Convening meetings .......................................................................................................... 13 5.4 Notice of meetings ............................................................................................................. 13 5.5 Service of notices of meetings ........................................................................................... 13 5.6 Agenda ............................................................................................................................... 14 5.7 Quorum for a meeting and attendance by telephone ........................................................ 14 5.8 Invitations to attend the meeting ........................................................................................ 14 5.9 Minutes ............................................................................................................................... 14

6. VOTING AT MEETINGS ................................................................................. 14 6.1 Number of votes ................................................................................................................. 14 6.2 Instructions by Member ...................................................................................................... 14 6.3 Restrictions on Voting ........................................................................................................ 15 6.4 Ordinary Resolutions .......................................................................................................... 15 6.5 Unanimous Resolutions ..................................................................................................... 15

7. Strata Manager .............................................................................................. 15 7.1 Appointment ....................................................................................................................... 15 7.2 Duties and delegation of functions ..................................................................................... 15 7.3 Strata Manager’s fees ........................................................................................................ 16 7.4 Owners Corporations must appoint the same Strata Manager ......................................... 16

8. Building Manager .......................................................................................... 16 8.1 Appointment ....................................................................................................................... 16 8.2 Building Manager’s fees ..................................................................................................... 16 8.3 Duties of the Building Manager .......................................................................................... 16 8.4 Members must appoint the same Building Manager ......................................................... 16

JUMKYL6B9J 3

9. Insurances ..................................................................................................... 17 9.1 Insurances .......................................................................................................................... 17 9.2 Review of insurances and valuations................................................................................. 17 9.3 Conduct affecting insurances ............................................................................................. 17

10. Books and Records ...................................................................................... 18 10.1 Obligations of the Building Management Committee ........................................................ 18 10.2 Books and records which must be kept ............................................................................. 18 10.3 Inspection ........................................................................................................................... 18

11. Financial Affairs ............................................................................................ 19 11.1 Administrative Fund and Sinking Fund .............................................................................. 19 11.2 Financial Year .................................................................................................................... 19 11.3 Budget ................................................................................................................................ 19 11.4 Contributions ...................................................................................................................... 20 11.5 Payment by Members ........................................................................................................ 20 11.6 Late payment, interest and enforcement costs .................................................................. 20 11.7 Financial Statement ........................................................................................................... 20 11.8 Additional amounts payable ............................................................................................... 20 11.9 Deposit of moneys ............................................................................................................. 20 11.10 Surplus funds ..................................................................................................................... 21 11.11 Dispute about payment ...................................................................................................... 21 11.12 Outstanding Levy Statements ............................................................................................ 21

12. Shared Facilities ........................................................................................... 21 12.1 What are Shared Facilities? ............................................................................................... 21 12.2 Access routes to Shared Facilities ..................................................................................... 22 12.3 Responsibility of the Building Management Committee .................................................... 22 12.4 Shared Facilities and Common Property ........................................................................... 22 12.5 Shared Facilities and Stratum Lots .................................................................................... 22 12.6 Use of Shared Facilities ..................................................................................................... 22 12.7 Costs of Shared Facilities .................................................................................................. 23 12.8 Changing the apportionment of the cost of Shared Facilities ............................................ 23 12.9 Using approved contractors to maintain Shared Facilities ................................................ 23

13. Access to Shared Facilities, Lots and Common Property ........................ 24 13.1 Building Management Committee’s access ....................................................................... 24 13.2 Access requirements .......................................................................................................... 24 13.3 Notice requirements ........................................................................................................... 24

14. Provision of Services ................................................................................... 24 14.1 Power of Building Management Committee ...................................................................... 24 14.2 When can the Building Management Committee supply service? .................................... 25 14.3 Disconnecting a Service ..................................................................................................... 25

15. Architectural and Landscape Standards .................................................... 25

16. Rights and Obligations of Members............................................................ 26 16.1 General Obligations ........................................................................................................... 26 16.2 Maintenance and Repair obligations of members ............................................................. 26 16.3 Structural Adequacy ........................................................................................................... 26 16.4 Access ................................................................................................................................ 27 16.5 Refurbishment and redevelopment .................................................................................... 27 16.6 Failure of Member to carry out its obligations .................................................................... 27 16.7 Emergency Repairs ............................................................................................................ 28 16.8 Members’ Insurance Obligations ....................................................................................... 28 16.9 Contact details for Members and Representatives ............................................................ 28

17. Obligations of Owners and Occupiers ........................................................ 28

JUMKYL6B9J 4

18. Additional Obligations for Owners Corporations ...................................... 29 18.1 Notices of Meetings ............................................................................................................ 29 18.2 Attendance at Meetings ..................................................................................................... 29 18.3 By-laws ............................................................................................................................... 29 18.4 Appointing Representatives and Alternate Representatives ............................................. 29

19. Fire Safety and Building Security ................................................................ 29 19.1 Obligations ......................................................................................................................... 29 19.2 Keeping flammable materials ............................................................................................. 29 19.3 Restrictions about fire safety .............................................................................................. 30

20. Deliveries to the Building ............................................................................. 30 20.1 Deliveries ............................................................................................................................ 30 20.2 Obligations when moving in or out of Harts Landing ......................................................... 30 20.3 Building Manager ............................................................................................................... 30

21. Carrying out Works within Harts Landing and Consent ............................ 30 21.1 Obligations before you carry out Works ............................................................................. 30 21.2 When to apply for government authority approval ............................................................. 30 21.3 Exclusions .......................................................................................................................... 30 21.4 Making an application ........................................................................................................ 31 21.5 What information must be included in any application? .................................................... 31 21.6 Additional information ......................................................................................................... 31 21.7 Discretion ........................................................................................................................... 31 21.8 Time frame for making a decision ...................................................................................... 31 21.9 Notifying the applicant of a decision .................................................................................. 32

22. Subdivisions ................................................................................................. 32 22.1 Notice of Subdivision proposal ........................................................................................... 32 22.2 Strata Management Statement amendments if a Subdivision Plan is registered ............. 32

23. Disputes ......................................................................................................... 33 23.1 Initial resolution .................................................................................................................. 33 23.2 Dealing with Disputes according to this clause.................................................................. 33 23.3 Dispute Notice .................................................................................................................... 33 23.4 Negotiation ......................................................................................................................... 33 23.5 Referring a Dispute to expert determination ...................................................................... 33 23.6 Appointing an expert .......................................................................................................... 33 23.7 Instructions to the expert .................................................................................................... 34 23.8 Conducting expert determination ....................................................................................... 34 23.9 Expert determination .......................................................................................................... 34 23.10 Binding effect ...................................................................................................................... 34 23.11 Expert determination about Shared Facility costs ............................................................. 34 23.12 Costs .................................................................................................................................. 34 23.13 Confidentiality ..................................................................................................................... 34

24. How to serve notices .................................................................................... 35 24.1 Methods of serving notices ................................................................................................ 35 24.2 When does a notice take effect? ........................................................................................ 35 24.3 Receipt - post ..................................................................................................................... 35 24.4 Receipt – Email .................................................................................................................. 35 24.5 Form of notices ................................................................................................................... 35 24.6 Receipt - general ................................................................................................................ 35

25. GST ................................................................................................................ 35 25.1 Obligation to pay GST ........................................................................................................ 35 25.2 Differences in amounts ...................................................................................................... 36 25.3 Reimbursement .................................................................................................................. 36

26. GENERAL ...................................................................................................... 36

JUMKYL6B9J 5

26.1 Discretion in exercising rights ............................................................................................ 36 26.2 Partial exercise of rights ..................................................................................................... 36 26.3 Approvals and consents ..................................................................................................... 36 26.4 Conflict of interest............................................................................................................... 36 26.5 Remedies cumulative ......................................................................................................... 36

Schedule 1 Shared Facilities ............................................................................. 38

Schedule 2 Shared Facilities Plan .................................................................... 39

Schedule 3 Architectural And Landscape Standards ..................................... 40

JUMKYL6B9J

1. Definitions and Interpretations

1.1 Definitions

In this Statement, unless a contrary intention appears:

Administrative Fund means the fund established by the Building Management Committee in accordance with clause 11.1.

Architectural and Landscape Standards means the Architectural and Landscape Standards set out in Schedule 3.

Authority means any Government Agency or any other authority or body having authority over all jurisdictions in respect of Harts Landing.

Building Management Committee means the building management committee for Harts Landing established pursuant to clause 3.

Building Manager means the person if any appointed in accordance with clause 8.

Business Day means any day which is not a Saturday, Sunday or public holiday in New South Wales.

Common Property has the meaning it has in the Management Act.

Council means Penrith City Council.

Defaulting Member means any Member who fails to pay an amount owing when it is due and payable.

Development Act means the Strata Schemes (Freehold Development) Act 1973 (NSW).

Dispute means any dispute or difference between the Building Management Committee or a party in relation to:

(a) the construction of this Statement;

(b) the rights or obligations of the Building Management Committee, a Member, an Owner or an Occupier under this Statement;

(c) amounts which the Building Management Committee determines for Administrative Fund or Sinking Fund contributions;

(d) the Building Management Committee passing or failing to pass an Ordinary Resolution; or

(e) the operation, maintenance, repair or replacement of a Shared Facility.

Fire Safety Device means any item in Harts Landing which:

(a) monitors or signals (to occupiers or the fire brigade) the incidence of smoke, heat or fire;

(b) provides lighting or directional signals in the case of smoke, heat or fire;

(c) controls access into and out of Harts Landing in an emergency (e.g. fire stairs);

(d) retards the spread of smoke, heat or fire through Harts Landing;

(e) extinguishes fires in Harts Landing (e.g. hose reels and fire extinguishers); or

JUMKYL6B9J 7

(f) complies with any Law for fire safety.

Financial Year means the periods referred to in clause 11.2.

Government Agency means any government, semi government, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or other entity created by a government.

Harts Landing means the land and buildings comprised in the Residential Lots.

Insurances means the insurances required under the Development Act, the Management Act and any other insurances effected by the Building Management Committee in accordance with clause 9.1.

Law means any act of parliament, or any subordinate legislation, rules, regulation or by-laws, and whether of the Commonwealth or the state of New South Wales.

Lot means a Strata Lot or a Stratum Lot.

Management Act means the Strata Management Act 1996 (NSW).

Member means a member of the Building Management Committee which initially will be as specified in clause 3.2.

Occupier means the occupier of a Stratum Lot or a Strata Lot or any part of either.

Officer means any officer of the Building Management Committee appointed in accordance with clause 4.1.

Ordinary Resolution means a motion passed at a meeting of the Building Management Committee for which more than half of votes of Members present and entitled to vote are in favour.

Owner means the owner of a Stratum Lot or a Strata Lot.

Owners Corporation means any owners corporation constituted on the registration of a strata plan of subdivision in respect of any part of Harts Landing, and includes the Residential Owners Corporation.

Party means a person bound by this statement in accordance with clause 2.2(b).

Related Body Corporate has the meaning it has in the Corporations Act 2001 (Cth).

Representative means a natural person appointed to represent a Member at meetings of the Building Management Committee.

Residential Lot 1 means lot 1 in deposited plan [##].

Residential Lot 2 means lot 2 in deposited plan [##].

Residential Lots mean Residential Lot 1 or Residential Lot 2.

Residential Owners Corporation means the owners corporation constituted on the strata subdivision of Residential Lot 1 or Residential Lot 2.

Rules means rules concerning the management, operation, maintenance and control of Harts Landing as made by the Building Management Committee from time to time.

Services means services servicing Harts Landing and includes power, electricity, gas, water , sewerage , broadband and other telecommunications.

JUMKYL6B9J 8

Shared Facilities means the items referred to in Schedule 1 and in clause 12.1.

Shared Facilities Plan means the plan in Schedule 2.

Sinking Fund means the fund established by the Building Management Committee in accordance with clause 11.1.

Statement means this strata management statement.

Stratum Lot means any lot in Harts Landing not subdivided by a Strata Plan.

Strata Lot means a lot in a strata scheme.

Strata Manager means the strata manager appointed in accordance with clause 7.1.

Strata Plan means a strata plan registered in accordance with the Development Act.

Strata Scheme means any strata scheme created in accordance with the Development Act in respect of any part of Harts Landing, and includes the Residential Owners Corporation.

Subdividing Member means an Owner of a Stratum Lot who proposes to subdivide that Lot.

Unanimous Resolution means a motion passed at a meeting of the Building Management Committee which no Member entitled to vote casts a vote against.

Works means:

(a) all building and landscaping works that affect the exterior appearance of Harts Landing;

(b) all building works that may affect the structural integrity of another Stratum Lot or Strata Lot; and

(c) any building works that affect the Shared Facilities.

1.2 General interpretation

In this Statement unless the contrary intention appears:

(a) Words expressed in the singular include the plural and vice versa.

(b) Words expressed in one gender include the other genders.

(c) “Including” or any similar expression when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.

(d) The word “person” includes a firm, body corporate, unincorporated association or an authority.

(e) A reference to a person includes the person’s executors, administrators, successors and permitted assigns.

(f) A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

(g) A reference to this Statement or another instrument includes any variation or replacement of them.

JUMKYL6B9J 9

(h) A reference to a schedule or annexure means a schedule or annexure to this Statement and reference to this Statement shall include its schedules and annexures.

(i) An agreement, representation or warranty on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally.

1.3 Next business day

If under the provisions of this Statement or under any notice or demand anything is required to be done on a day which is not a Business Day, the day or the last day for compliance is the next following Business Day.

1.4 Severance

If any provision contained in this Statement is or becomes legally ineffective, under the general law or by force of legislation, the ineffective provision shall be severed from this Statement and this Statement will otherwise continue to be operative.

1.5 Construction

In the interpretation of this Statement no rules of construction shall apply to the disadvantage of one party on the basis that that party put forward the Statement or any part thereof.

1.6 Headings

Headings and the table of contents are for guidance only and do not form part of this Statement.

2. Overview

2.1 Introduction

Harts Landing is a mixed use building located 1 -39 Lord Sheffield Circuit, Penrith NSW 2750. Harts Landing will initially have two components:

Component Member Description

Residential Lot 1 Residential Owners Corporation

Residential apartments and car spaces (including visitor car spaces).

Residential Lot 2 Residential Owners Corporation

Residential apartments and car spaces (including visitor car spaces).

2.2 Effect of this Statement

(a) This Statement regulates the management and operation of Harts Landing.

(b) This Statement has effect as an agreement under seal and is binding on:

(i) each Owners Corporation;

(ii) each Owner;

(iii) each Occupier.

JUMKYL6B9J 10

3. Building Management Committee, Members and Representatives

3.1 Establishment

The Building Management Committee must be established within one month of the registration of this Statement. The Members must always have a Building Management Committee.

3.2 Composition

(a) On registration of this Statement the Members of the Building Management Committee will be the Residential Owners Corporations.

(b) Each of the entities in clause 3.2(a) comprise one Member on the Building Management Committee.

3.3 Representatives and Alternates

(a) Each Member:

(i) must appoint one Representative;

(ii) may appoint an Alternate Representative to represent them at any meeting which their Representative is unable to attend;

(iii) may change its Representative or Alternate Representative at any time;

(iv) must promptly give notice to the Building Management Committee of the name, address, email address and telephone number of its Representative and Alternate Representative, and any change to those individuals or their contact details.

(b) The appointment of a Representative or Alternate Representative takes effect when the Building Management Committee receives the notice referred to in clause 3.3(a)(iv).

(c) If a Member is an Owners Corporation:

(i) the Representative or Alternate Representative must give the executive committee of that Member notice of any meeting of the Building Management Committee together with reasonable particulars of the agenda for the meeting; and

(ii) the Member must give all necessary directions to its Representative or Alternate Representative to allow them to vote at meetings of the Building Management Committee.

3.4 Functions

The functions and powers of the Building Management Committee are to:

(a) convene and hold meetings;

(b) make decisions about matters delegated to it under this Statement;

(c) oversee and make decisions about the operation, maintenance and repair of Shared Facilities;

(d) oversee and make decisions about altering, extending, adding or removing any of the Shared Facilities;

JUMKYL6B9J 11

(e) determine, levy and manage contributions to the Administrative Fund and the Sinking Fund, and make payments from those funds;

(f) effect the Insurances;

(g) determine the appointment of the Strata Manager and the terms of that appointment, and any other matter in connection with the Strata Manager.

(h) determine the appointment of the Building Manager and the terms of that appointment, and any other matter in connection with the Building Manager.

(i) monitor the performance of:

(i) the Strata Manager;

(ii) the Building Manager; and

(iii) the Members, Owners and Occupiers of their obligations under the Development Act, the Management Act and this Statement;

(j) make Rules;

(k) comply with the Development Act, the Management Act and this Statement; and

(l) do anything incidental or necessary to the functions under this clause 3.4 or elsewhere in this Statement.

3.5 Power of the Building Management Committee to act on behalf of the Members

(a) Each Member agrees the Building Management Committee (or a person appointed by the Building Management Committee) may act as agent for all the Members and take legal proceedings concerning:

(i) the failure of a Member to pay Administrative Fund or Sinking Fund contributions; and

(ii) the failure of a Member, Owner or Occupier to comply with its obligations under this Statement.

(b) Each Member appoints the Building Management Committee as its agent and attorney to enable the Building Management Committee or a person appointed by the Building Management Committee to take any action authorised by Ordinary Resolution or Unanimous Resolution.

(c) This clause 3.5 does not prevent a Member from taking legal proceedings in its own name

4. Officers of the Building Management Committee

4.1 Appointment

(a) The Building Management Committee must appoint:

(i) a Chair for each meeting;

(ii) a Secretary;

(iii) a Treasurer.

(b) The Building Management Committee may appoint any other Officer it considers necessary and if it does it must specify the duties of that Officer.

JUMKYL6B9J 12

4.2 Eligibility

(a) An Officer must be a Representative, an Alternate Representative or the Strata Manager.

(b) The same person may hold one or more of the positions referred to in clause 4.1.

4.3 Vacation of Office

An Officer ceases to be an Officer if:

(a) the Officer ceases to be a Representative, an Alternate Representative or the Strata Manager;

(b) the Officer resigns in writing;

(c) the Building Management Committee:

(i) dismisses the person from their position; and

(ii) appoints a new officer to fill the position.

4.4 Secretary’s Functions

The functions of the Secretary are to:

(a) perform the administrative and secretarial functions of the Building Management Committee;

(b) convene meetings; and

(c) prepare and distribute notices, agenda and minutes for meetings.

4.5 Treasurer’s Functions

The functions of the Treasurer are to:

(a) prepare budgets;

(b) prepare financial statements;

(c) send out notices for, and collect and bank contributions to, the Administrative Fund and the Sinking Fund;

(d) pay accounts; and

(e) keep the accounting records of the Building Management Committee.

4.6 Chair’s Functions

(a) The function of the Chair is to preside at those meetings of the Building Management Committee which the Chair attends.

(b) If the Chair does not attend the meeting, the persons present at the meeting may appoint another representative or alternate representative to chair that meeting.

5. Meetings and Procedure of the Building Management Committee

5.1 When a meeting must be held

The Building Management Committee must hold a meeting:

JUMKYL6B9J 13

(a) at least once every twelve months after the first meeting of the Building Management Committee;

(b) if the Strata Manager calls the meeting (if the Strata Manager has been delegated that function);

(c) if the Building Management Committee resolves to hold the meeting;

(d) if a Member requests the Secretary in writing to convene the meeting; and

(e) if it is required to do so by Law.

5.2 Request for a meeting

(a) A request for a meeting must state the issue to be considered at the meeting.

(b) The Building Management Committee is not obliged to hold a meeting if the Member requesting it is a Defaulting Member.

5.3 Convening meetings

A meeting may be convened by:

(a) the Secretary;

(b) another Officer if the Secretary is unable to convene the meeting; or

(c) the Strata Manager.

5.4 Notice of meetings

(a) Normally at least ten Business Days’ notice of a meeting must be given to each Member.

(b) In an emergency, shorter notice may be given.

(c) The Building Management Committee must call a meeting within ten Business Days of receiving a written notice from a Member requesting a meeting.

5.5 Service of notices of meetings

The Building Management Committee must serve notice of a meeting on each Member:

(a) by sending it by:

(i) hand;

(ii) facsimile transmission;

(iii) email if a Member has provided email details; or

(iv) by post;

(b) that specifies:

(i) the time, date and venue of the meeting; and

(ii) an agenda for the meeting.

JUMKYL6B9J 14

5.6 Agenda

The agenda for a meeting must:

(a) include a copy of the minutes of the last meeting and a motion to adopt those minutes;

(b) include the terms of motions for resolution at the meeting, including those which a Member has by notice in writing requested that the Building Management Committee consider; and

(c) identify which motions require ordinary or special resolutions.

5.7 Quorum for a meeting and attendance by telephone

(a) A quorum must be present at a meeting of the Building Management Committee to vote on any motion.

(b) A Representative or Alternate Representative may attend the meeting personally or by telephone.

(c) A quorum for a meeting is the Representative (or proxy) or Alternate Representative (or proxy) of each Member.

(d) If a quorum is not present within half an hour from the time appointed for a meeting the meeting is adjourned for five Business Days.

(e) The Building Management Committee must hold the adjourned meeting at the same time and at the same place notified for the original meeting.

(f) At an adjourned meeting, two Representatives (or proxy) or two Alternate Representatives constitutes a quorum.

5.8 Invitations to attend the meeting

The Building Management Committee may invite persons to attend a meeting but the invitees must not address the meeting without the Chair’s consent and must leave the meeting if requested to do so by the Chair.

5.9 Minutes

Minutes of the meeting must be distributed to each Member within ten Business Days of the meeting.

6. VOTING AT MEETINGS

6.1 Number of votes

In a Building Management Committee vote on a resolution, the number of votes in relation to that resolution is determined as follows:

Member Number of votes

Residential Owners Corporation 1 1

Residential Owners Corporation 2 1

6.2 Instructions by Member

A Representative or Alternate Representative for a Member must vote at a meeting and according to any instructions by the Member which appointed them.

JUMKYL6B9J 15

6.3 Restrictions on Voting

(a) A Defaulting Member is not entitled to vote at meetings of the Building Management Committee.

(b) The Chair of the Building Management Committee has a deliberative vote but does not have a casting vote.

(c) A Member is only entitled to vote on a motion regarding a Shared Facility if the Member contributes towards the costs of the Shared Facility or the motion, if passed has the effect that the Member is required to contribute towards the cost of the Shared Facility.

6.4 Ordinary Resolutions

The matters which the Building Management Committee may determine by Ordinary Resolution are any matter other than those which must be determined by Unanimous Resolution in accordance with clause 6.5.

6.5 Unanimous Resolutions

The matters which the Building Management Committee may determine only by Unanimous Resolution are:

(a) amending this statement (otherwise than in accordance with clause 22.2);

(b) repaying any surplus of the Administrative Fund or Sinking Fund to the Members (clause 11.10);

(c) removing a Shared Facility from Schedule 1;

(d) amending Schedule 3 (clause 15); and

(e) amending a Member’s percentage of cost for Shared Facilities from that specified in Schedule 1 or determined in accordance with clause 12.8.

7. Strata Manager

7.1 Appointment

(a) The Building Management Committee has power to appoint, negotiate and enter into an agreement with a Strata Manager.

(b) The Building Management Committee must appoint a Strata Manager and if for any reason that appointment ceases the Building Management Committee must promptly appoint a replacement Strata Manager.

(c) The Strata Manager must have a strata managing agent’s licence under the Property, Stock and Business Agents Act 2002 (NSW).

7.2 Duties and delegation of functions

(a) The duties of the Strata Manager may include performing the functions of the Officers and doing anything else that the Building Management Committee agrees is necessary for the operation and management of Harts Landing.

(b) The Building Management Committee may delegate to the Strata Manager some of the functions of the Building Management Committee and the Officers but the Building Management Committee must not delegate the following functions to the Strata Manager:

JUMKYL6B9J 16

(i) the determination of Administrative Fund and Sinking Fund contributions;

(ii) the function to delegate functions of the Building Management Committee of its Officers;

(iii) any function which the Building Management Committee may only exercise by Unanimous Resolution; and

(iv) any function which the Building Management Committee decides may be performed only by the Building Management Committee.

7.3 Strata Manager’s fees

If the Building Management Committee appoints a Strata Manager Members must pay the costs of the Strata Manager in accordance with Schedule 1.

7.4 Owners Corporations must appoint the same Strata Manager

Each Owners Corporation must appoint a strata manager and that strata manager must be the same person as appointed by the Building Management Committee as its Strata Manager.

8. Building Manager

8.1 Appointment

The Building Management Committee may appoint, negotiate and enter into an agreement with a Building Manager.

8.2 Building Manager’s fees

If the Building Management Committee appoints a Building Manager Members must pay the costs of the Building Manager in accordance with Schedule 1.

8.3 Duties of the Building Manager

The duties of the Building Manager may include:

(a) managing the operation, maintenance, repair and replacement of Harts Landing and the Shared Facilities;

(b) caretaking, supervising and servicing Harts Landing generally;

(c) supervising contracts entered into by the Building Management Committee or by the Building Manager on behalf of the Building Management Committee including contracts for garbage removal, security, cleaning, inspection, maintenance, minor repairs, replacement and fire services; and

(d) doing anything else which the Building Management Committee considers is necessary for the operation and management of the Shared Facilities and Harts Landing.

8.4 Members must appoint the same Building Manager

Each Member must appoint a building manager and, if at the time of appointment the Building Management Committee has appointed a Building Manager, the building manager must be the same person as appointed by the Building Management Committee.

JUMKYL6B9J 17

9. Insurances

9.1 Insurances

(a) The Building Management Committee must effect the following insurances:

(i) a building damage policy for Harts Landing in accordance with the Management Act;

(ii) public liability insurance for Shared Facilities for an amount of cover not less than the prescribed amount in Section 87 of the Management Act for a public liability policy effected by an owners corporation;

(iii) machinery breakdown insurances for Shared Facilities’ plant and equipment which is not covered under warranty;

(iv) workers compensation if required by Law; and

(v) any other insurance decided by the Building Management Committee;

(b) The Building Management Committee must take out each policy:

(i) in the joint names of each Member; and

(ii) if applicable, in the name of a mortgagee under a mortgage for that Member’s respective rights and interests.

(c) The Building Management Committee must if it is reasonably practicable to do so ensure that one policy covers the obligations of the Members under this clause 9.1 and clause 16.8.

9.2 Review of insurances and valuations

The Building Management Committee must:

(a) review all insurances at least once every twelve months;

(b) have Harts Landing (and separately each component of Harts Landing including, as at the date of registration of the statement, the Residential Lots) valued for insurance purposes at least every three years. The valuation must be undertaken by a qualified valuer or quantity surveyor who has a minimum of five years’ experience in valuing, for insurance purposes, buildings like Harts Landing;

(c) insure Harts Landing for at least its full replacement value in the sums determined by the valuer (or a higher sum if reasonably determined by the Building Management Committee); and

(d) immediately effect new insurances or just existing insurances if there is an increase in or a new risk to Harts Landing.

9.3 Conduct affecting insurances

(a) A Party must not at any time do anything that might void or prejudice the insurances, or increase insurance premiums.

(b) Clause 9.3(a) does not apply if the Party first obtains the written consent of the Building Management Committee.

(c) If a Party does anything to increase insurance premiums the relevant Member must pay the increased amount.

JUMKYL6B9J 18

10. Books and Records

10.1 Obligations of the Building Management Committee

(a) The Building Management Committee must keep books and records relating to the exercise of its functions and the operation, management and administration of Harts Landing and the Shared Facilities.

(b) Books and records must be kept for a period of not less than seven years.

10.2 Books and records which must be kept

The Building Management Committee must keep books and records concerning:

(a) a copy of this Management Statement (as amended from time to time);

(b) financial records, including amounts payable, amounts received and payments made under this statement, budgets and audit reports;

(c) an up to date roll containing names, addresses and other contact details for each Member and their Representative and Alternate Representative;

(d) notices served on the Building Management Committee;

(e) notices given by the Building Management Committee;

(f) notices and minutes of Meetings;

(g) correspondence sent to and by the Building Management Committee;

(h) copies of agreements entered by or on behalf of the Building Management Committee including any agreement with the Strata Manager and the Building Manager;

(i) insurance records including copies of insurance policies, renewal certificates and endorsement slips;

(j) drawings and plans submitted and approved by the Building Management Committee;

(k) any other records relating to matters and transactions usually retained by property managers.

10.3 Inspection

(a) The Building Management Committee must make the books and records available for inspection during normal hours on application by:

(i) a Member;

(ii) any person authorised in writing by a Member.

(b) The Building Management Committee may charge an inspection fee which it may require to be paid prior to complying with its obligations under this clause 10.3.

(c) The procedure for inspecting the books and records of the Building Management Committee are:

(i) the applicant must make an application in writing to the Strata Manager;

JUMKYL6B9J 19

(ii) the applicant must pay the inspection fee in the amount as determined by the Building Management Committee but if a fee is prescribed by the Management Act, in that amount; and

(iii) the Strata Manager must make the books and records available to the applicant within five Business Days after the last to occur of the application being properly made and payment of the fee.

11. Financial Affairs

11.1 Administrative Fund and Sinking Fund

(a) Within one month after the registration of this Statement, the Building Management Committee must establish an Administrative Fund and a Sinking Fund.

(b) The Administrative Fund must be used to:

(i) pay the day to day expenses of operating, cleaning, maintaining and repairing the Shared Facilities;

(ii) pay the premium for the Insurances; and

(iii) pay any other costs which are not Sinking Fund costs.

(c) The Building Management Committee must use the Sinking Fund to pay all costs for renewing, upgrading and replacing the Shared Facilities.

11.2 Financial Year

(a) The first Financial Year will be from the registration of this Statement to 30 June following the date of registration.

(b) Thereafter, the Financial Year shall be 1 July to 30 June, or such other twelve month period as the Building Management Committee may determine.

11.3 Budget

(a) The Building Management Committee must determine a budget for each Financial Year.

(b) Each budget must be based on an estimate of the costs and expenditures to:

(i) pay for the cost of Shared Facilities; and

(ii) satisfy any obligation of the Building Management Committee under this Statement, the Development Act, the Management Act or any other Law.

(c) Each budget must contain itemised details of:

(i) each Shared Facility for which a Member is responsible to contribute;

(ii) each item of Insurance for which a Member is responsible to contribute;

(iii) the amount each Member must contribute to the Administrative Fund for each Shared Facility;

(iv) the amount each Member must contribute to the Sinking Fund for each Shared Facility; and

(v) the amount each Member must contribute for each item of Insurance.

JUMKYL6B9J 20

11.4 Contributions

(a) The Building Management Committee must determine the amount of the contributions it will need for the Administrative Fund and the Sinking Fund for each Financial Year. The amount of the contributions must be based on the budget for each Financial Year.

(b) The Building Management Committee may determine an additional contribution but before doing so it must procure and adopt a budget for the period covered by the additional contribution and the amount of the additional contribution must be based on the budget.

(c) The Building Management Committee must levy Members their contributions to the Administrative Fund and Sinking Fund in accordance with each of their respective proportions specified in the Schedule 1.

(d) Contributions to each Sinking Fund item must be made in the same proportion as contributions to the Administrative Fund for that item.

(e) Contributions are due and payable by Members for any period determined by the Building Management Committee, which, in the absence of agreement, must be quarterly.

11.5 Payment by Members

Each Member must pay each levy contribution on the due date for the payment of the levy. If a Member fails to pay the levy on the due date it becomes a Defaulting Member.

11.6 Late payment, interest and enforcement costs

(a) A Defaulting Member must pay interest on each amount levied but not paid on the due date with the interest being calculated on a daily basis for the period from and including the date on which the payment was due to and excluding the date on which it is paid.

(b) The rate of interest is the same rate payable on unpaid levies under the Management Act.

(c) If the Building Management Committee incurs enforcement costs in pursuing the late payment of any amount owing to it the Defaulting Member must reimburse the Building Management Committee those costs.

11.7 Financial Statement

As soon as practicable, but no later than 4 months after the expiration of each Financial Year, the Building Management Committee must provide each Member with an audited financial statement in respect of that Financial Year.

11.8 Additional amounts payable

If the amounts determined or paid under clause 11.4 are insufficient, the Building Management Committee must by notice require each Member to pay an additional amount to either the Administrative Fund or the Sinking Fund to enable the Building Management Committee to carry out its obligations under this Statement and the Legislation.

11.9 Deposit of moneys

(a) The Building Management Committee must open accounts for the Administrative Fund and Sinking Fund with its bank, building society or credit union.

JUMKYL6B9J 21

(b) The Building Management Committee must:

(i) deposit into the Administrative Fund all money received from Members as contributions to the Administrative Fund; and

(ii) deposit into the Sinking Fund all money received from Members as contributions to the Sinking Fund.

(c) The Building Management Committee must withdraw money from its accounts only to exercise its functions under this Statement, the Development Act and the Management Act.

(d) Interest accrued on monies in the Administrative Fund must be credited to Administrative Fund and interest accrued on monies in the Sinking Fund must be credited to Sinking Fund.

11.10 Surplus funds

(a) The Building Management Committee may distribute surplus funds in the proportion in which each Member contributed to the surplus funds.

(b) The decision to distribute surplus funds must be by way of Unanimous Resolution.

11.11 Dispute about payment

If a Member for any reason disputes the payment of a contribution:

(a) the Member must pay the contribution in accordance with and at the time provided in this clause 11;

(b) the Member’s rights concerning the dispute are not affected by payment;

(c) after resolution of the dispute, the Building Management Committee must make the determined adjustment, payment or refund.

11.12 Outstanding Levy Statements

(a) A Member or an Owner or anyone authorised by them in writing may apply to the Treasurer of the Building Management Committee for a statement concerning the amount then due by Members for contributions to the Administrative and Sinking Fund.

(b) The Treasurer must issue the statement within 10 Business Days of receipt of the request.

12. Shared Facilities

12.1 What are Shared Facilities?

(a) Shared Facilities are the utility services, facilities, machinery, plant, equipment and other items used by two or more Members.

(b) Shared Facilities include the items in Schedule 1.

(c) Shared Facilities include:

(i) services in connection with Shared Facilities (such as cleaning, repair, security and inspections);

(ii) items incidental to the performance of services by the Building Management Committee in connection with Shared Facilities (such as

JUMKYL6B9J 22

premiums for Insurances effected by the Building Management Committee); and

(iii) other facilities and services nominated by or according to this Statement as Shared Facilities.

(d) Subject to Schedule 1, Shared Facilities include:

(i) pipes, wires, cables and ducts which are connected to or form part of a Shared Facility, but excluding any of those things which exclusively service a Member’s part of Harts Landing;

(ii) any rooms or areas in which Shared Facilities are located;

(iii) the inspection, maintenance, repair, operation, cleaning and replacement of Shared Facilities;

(iv) parts, consumables and labour used in the inspection, maintenance, repair, operation, cleaning and replacement of Shared Facilities;

(v) the inspection of Shared Facilities (if applicable) by any Authority; and

(vi) the certification of Shared Facilities for the purposes of any applicable Law.

12.2 Access routes to Shared Facilities

Subject to this Statement, a Shared Facility includes any part of Harts Landing giving access to and egress from a Shared Facility by the most direct route.

12.3 Responsibility of the Building Management Committee

(a) Unless the responsibility for a Shared Facility lies with another Member in accordance with the terms of this Statement, the Building Management Committee has the responsibility for the insurance, operation and repair of the Shared Facility.

(b) The Building Management Committee may enter into maintenance agreements with contractors to operate and repair the Shared Facilities.

12.4 Shared Facilities and Common Property

Some items of Common Property are designated in this Statement as Shared Facilities. If an item of Common Property is designated as a Shared Facility the Owners Corporation authorises the Building Management Committee to perform its functions and exercise its rights under this Statement in respect of that Common Property.

12.5 Shared Facilities and Stratum Lots

Some items in Stratum Lots are designated in this Statement as Shared Facilities. If a Member is the Owner of a Stratum Lot, that Member authorises the Building Management Committee to perform its functions and exercise its rights under this Statement in respect of those items.

12.6 Use of Shared Facilities

(a) Unless this Statement provides otherwise the Members entitled to access, use and benefit from the Shared Facility are the Members who contribute to the costs of the Shared Facility.

(b) Where the Member entitled to access and use is:

JUMKYL6B9J 23

(i) an Owners Corporation, the Owners and Occupiers of a Strata Lot in that Strata Scheme are entitled to use the Shared Facility, subject to any rules or by-laws of that Strata Scheme or any provision in this Statement in connection with the use of that Shared Facility.

(ii) a Stratum Lot, the Owners and Occupiers of that Stratum Lot are entitled to use the Shared Facility, subject to any agreement between the Owner of that Stratum Lot and any Occupier, or any provision in this Statement in connection with the use of that Shared Facility.

(c) Each Party entitled to access, use and benefit from a Shared Facility:

(i) may only use the Shared Facility for its intended purpose;

(ii) may not make alterations to the Shared Facilities without the consent of the Building Management Committee;

(iii) must notify the Building Management Committee of any damage to or defect in the Shared Facility immediately it becomes aware of any damage or defect; and

(iv) must compensate the Building Management Committee for any damage to the Shared Facility caused by them, their visitors, contractors, employees or any other person under their control.

(d) If a Stratum Lot is subdivided by a subdivision which when registered will create two or more Stratum Lots then the Owners and Occupiers of each new Stratum Lot are entitled to use the Shared Facility that the subdivided Stratum Lot was entitled to use.

12.7 Costs of Shared Facilities

(a) The Building Management Committee must levy Members for contributions towards the costs of Shared Facilities according to Schedule 1.

(b) If there is no apportionment for the costs of a Shared Facility in Schedule 1 and costs are incurred for that Shared Facility the Building Management Committee must apportion the costs of the Shared Facility between the Members using the Shared Facility, acting reasonably.

12.8 Changing the apportionment of the cost of Shared Facilities

The Building Management Committee may by Unanimous Resolution vary the apportionment of costs for a Shared Facility set out in Schedule 1 or determined in accordance with clause 12.7(b) if it is reasonable to do so.

12.9 Using approved contractors to maintain Shared Facilities

(a) The Building Management Committee may designate certain Shared Facilities as ones which only approved contractors or consultants may undertake maintenance, repair or replacement works.

(b) If the Building Management Committee designates Shared Facilities in accordance with clause 12.9(a) then:

(i) The Building Management Committee must:

(A) appoint the contractors and consultants who are approved and use reasonable endeavours to ensure those persons are available to undertake the work;

JUMKYL6B9J 24

(B) Give a list of current approved contractors and consultants to each Member;

(ii) Each Member must use only an approved consultant or contractor for any work in respect of the particular Shared Facility.

13. Access to Shared Facilities, Lots and Common Property

13.1 Building Management Committee’s access

(a) The Building Management Committee may access Common Property or a Lot in order to:

(i) operate, inspect, test, treat, use, maintain, repair, replace or extend Shared Facilities; and

(ii) exercise its rights and comply with its obligations under this Statement.

(b) When the Building Management Committee exercises its rights to access parts of Harts Landing, it must use all reasonable endeavours to minimise its disruption of an Owner’s or Occupier’s use of a Lot or interference with Common Property.

13.2 Access requirements

(a) To enable the Building Management Committee (including persons authorised by the Building Management Committee) to access Common Property or a Lot, the Member must:

(i) give the Building Management Committee access to each Member’s Common Property; and

(ii) give the Building Management Committee access to each Member’s Lot;

by the most direct route or by the route nominated by the Building Management Committee (acting reasonably).

(b) The Building Management Committee must pay the costs it incurs when it gains access to parts of Harts Landing.

(c) The Building Management Committee must promptly rectify any damage it causes to Harts Landing or compensate any Member for damage it causes to their part of Harts Landing and leave the affected areas of Harts Landing clean and tidy.

(d) In an emergency, the Building Management Committee may do anything necessary to deal with the emergency including anything which a Member should have done under this Statement but which, in the opinion of the Building Management Committee acting reasonably, the Member has not done or has not done properly.

13.3 Notice requirements

The Building Management Committee must give a Member reasonable notice (except in the case of emergency where no notice is required) before it requires access to the Member’s part of Harts Landing.

14. Provision of Services

14.1 Power of Building Management Committee

Subject to this clause, the Building Management Committee has the power:

JUMKYL6B9J 25

(a) to supply Services to Members, Owners and Occupiers;

(b) to enter into contracts and agreements with the providers of Services.

14.2 When can the Building Management Committee supply service?

(a) The Building Management Committee has the power to supply Services to Members, Owners or Occupiers if:

(i) it decides to do so by Ordinary Resolution; and

(ii) there would be significant cost savings if the Building Management Committee acquires the Service in bulk and supplies it to Members, Owners or Occupiers; or

(iii) the Building Management Committee reasonably determines it would be beneficial to the operation and management of Harts Landing for the Building Management Committee to provide the Service; or

(iv) a Member, Owner or Occupier asks the Building Management Committee to provide the Service.

(b) In considering whether to supply a Service to Members, Owners or Occupiers the Building Management Committee must determine:

(i) how it will recover costs from Owners and Occupiers who may connect to the Service;

(ii) how the Service will be metered; and

(iii) whether the Service will be a Shared Facility.

14.3 Disconnecting a Service

The Building Management Committee has the power to disconnect a Service to a Member, an Owner or an Occupier who does not pay the Building Management Committee for the Service according to this Statement only in the following circumstances:

(a) if doing so does not interfere with the provision of that Service to other Members, Owners or Occupiers who have paid the Building Management Committee for the Service; or

(b) reasonable notice has been given to the Member, Owner or Occupier whose Service is being disconnected and the other Members, Owners and Occupiers who may be affected by the disconnection.

15. Architectural and Landscape Standards

The Members:

(a) adopt the Architectural and Landscape Standards;

(b) agree:

(i) to comply with the Architectural and Landscape Standards;

(ii) not to amend the Architectural and Landscape Standards other than by Unanimous Resolution.

JUMKYL6B9J 26

16. Rights and Obligations of Members

16.1 General Obligations

Each Member must:

(a) In their dealings with each other and with Owners and Occupiers act in good faith;

(b) promptly comply with their obligations under this Statement and the Law;

(c) promptly pay its Administrative Fund contributions and Sinking Fund contributions and other amounts the Member owes the Building Management Committee under this Statement;

(d) effect and maintain the insurances required by the Management Act;

(e) ensure the Building Management Committee is properly constituted;

(f) comply with decisions of the Building Management Committee;

(g) comply with terms of any easements and not do anything to interfere with a grantee or grantor exercising their rights under an easement (or the Building Management Committee exercising those rights according to this Statement);

(h) attend and vote at Meetings;

(i) not interfere with Shared Facilities; and

(j) comply with the Rules.

16.2 Maintenance and Repair obligations of members

The Members must, at their cost:

(a) maintain and keep in a state of good and serviceable repair the part of Harts Landing owned by the Member;

(b) maintain and keep in excellent condition the facade and other finishes, fixtures, fittings and features that are within that part of Harts Landing which the Member owns and are visible from a location outside Harts Landing;

(c) maintain the structures, conduits, machinery, plant, equipment and other things or services integral to the proper operation and the support of any part of Harts Landing (to the extent those structures, conduits, machinery, plant, equipment and other things or services are located within the part of Harts Landing which the Member owns and to the extent they are not Shared Facilities which are the responsibility of the Building Management Committee) at all times by, amongst other things, ensuring that those structures, conduits, machinery, plant, equipment and other things or services are regularly inspected, maintained, repaired and kept in a sound structural and fully operation and working condition; and

(d) properly operate and repair, and whenever reasonably necessary renew or replace any fixtures or fittings which may if not properly operated, repaired, renewed or replaced, or have an adverse impact on the proper functioning of the Shared Facilities (but this obligation does not extend to repair, maintenance or replacement of Shared Facilities within the Stratum Lot which are the responsibility of the Building Management Committee).

16.3 Structural Adequacy

Members, Owners and Occupiers must:

JUMKYL6B9J 27

(a) maintain the structural adequacy of their part of Harts Landing (unless the Building Management Committee is required to do so); and

(b) not do anything to affect the structural adequacy of Harts Landing (or any part of it).

16.4 Access

Where reasonably required Members and Owners and Occupiers must allow a Member at reasonable times and on reasonable notice to access to a Stratum Lot, a Strata Lot or Common Property in order to carry out inspections, cleaning, tests, repairs, maintenance and replacement of:

(a) items within that Member’s Lot;

(b) Common Property;

(c) a Shared Facility; or

(d) items within the site of any easement.

16.5 Refurbishment and redevelopment

(a) The Members acknowledge that, throughout the life of Harts Landing, refurbishment and redevelopment works may take place.

(b) Each Member may at its cost refurbish or redevelop its Lot in accordance with the Architectural and Landscape Standards, Governmental Authority requirements and this Statement.

(c) Each Member agrees to act reasonably and not unreasonably withhold its consent to any application by a Member to the relevant authority to carry out any upgrading or redevelopment work to any part of Harts Landing within its Lot if the application is in accordance with the requirements of any Government Agency and the Architectural and Landscape Standards.

16.6 Failure of Member to carry out its obligations

(a) If a Member does not carry out its obligations under this clause 16 then the Building Management Committee may do anything reasonably necessary for the purpose of exercising the requirements of this clause 16 including:

(i) carrying out work on the Member’s Lot or Common Property to do anything the Member has failed to do;

(ii) enter the Member’s Lot or Common Property with or without tools and equipment and remain there for the period of time for that purpose.

(b) In exercising its rights under this clause, the Building Management Committee must:

(i) ensure that all work is done properly;

(ii) cause as little interference as is practical to any Owner or Occupier of the Member’s Lot;

(iii) cause as little damage as possible to the Member’s Lot or Common Property and any improvements on it; and

JUMKYL6B9J 28

(iv) if damage is caused (excluding damage arising because the Member has not complied with clause 16) restore the Member’s Lot as nearly as practicable to the condition it was in before the damage occurred.

(c) Except where urgent work is required, the Building Management Committee must:

(i) before exercising its rights under clause 16.6(b), by written notice, give the Member a reasonable period of time, having regard to the nature of the obligation not performed, to carry out the obligation; and

(ii) give the Member reasonable notice of intention to enter the member’s Lot.

16.7 Emergency Repairs

(a) The Members expressly authorise the Building Manager to undertake (or authorise or engage any third party contractor to undertake) any emergency repairs to Harts Landing including any repairs to a Lot, Common Property or any Shared Facility.

(b) The Building Manager (and any contractors engaged by the Building Manager on behalf of the Building Management Committee) may enter any Lot or Common Property for such time as is necessary to undertake emergency repairs.

16.8 Members’ Insurance Obligations

(a) Each Member must effect public liability insurance with the same insurer appointed by the Building Management Committee for its public liability policy (unless the Building Management Committee agrees otherwise).

(b) Each Member must notify the Building Management Committee before it does anything which might void or prejudice insurances effected by the Building Management Committee or increase an insurance premium payable or paid by the Building Management Committee.

(c) Each Member must:

(i) apply any payments the Member receives under a building policy effected by the Building Management Committee to rebuild or reinstate the damaged areas of that Member’s part of Harts Landing; and

(ii) rebuild or reinstate the Member’s part of Harts Landing within a reasonable time.

(d) Each Member agrees that unless the Building Management Committee has determined otherwise their insurance obligation under this clause 16.8 will be covered by one policy which policy will include the insurance obligations under clause 9.1.

16.9 Contact details for Members and Representatives

(a) A Member must provide the Building Management Committee with contact details (and update as necessary) for the Member, their Representative, their Alternate Representative and (if applicable) their Strata Manager and Building Manager.

(b) Contact details should include where applicable the address (not being a post office or poste restante), telephone number, mobile number and email address.

17. Obligations of Owners and Occupiers

Owners and Occupiers must:

JUMKYL6B9J 29

(a) promptly comply with their obligations under this Statement and the Law;

(b) comply with decisions of the Building Management Committee;

(c) comply with the Architectural and Landscape Standards;

(d) comply with terms of any easements and not do anything to interfere with a grantee or grantor exercising their rights under an easement (or the Building Management Committee exercising those rights according to this Statement); and

(e) comply with the Rules.

18. Additional Obligations for Owners Corporations

18.1 Notices of Meetings

Each Member which is an Owners Corporation must give other Members notices of its general meetings and meetings of its executive committee if the business of the meeting involves this Statement or the other Members. The Owners Corporation must give the notice at the same time as it gives the notice to Owners of its Strata Lots and not less than 7 days before the meeting is scheduled to occur.

18.2 Attendance at Meetings

Each Member which is an Owners Corporation must allow the Representatives or Alternate Representatives of each other Member to:

(a) attend its general meetings and meetings of its executive committee if the business of the meeting involves this Statement or the other Members; and

(b) address general meetings and meetings of its executive committee in regard to matters affecting this Statement or other Members.

18.3 By-laws

A Member which is an Owners Corporation must not make by-laws that are inconsistent with this Statement. If there is an inconsistency between the by-laws and this Statement, the Owners Corporation must amend the inconsistent by-law to make it consistent with this Statement.

18.4 Appointing Representatives and Alternate Representatives

If a Member is an Owners Corporation, that Member must appoint its Representatives and Alternate Representatives in accordance with the Development Act.

19. Fire Safety and Building Security

19.1 Obligations

Members, Owners and Occupiers must:

(a) immediately notify the Building Management Committee of any defect in or damage to a Fire Safety Device which comes to its attention; and

(b) comply with all Laws about fire control.

19.2 Keeping flammable materials

Members, Owners and Occupiers may keep flammable materials in its Lot (but not in any car space of a Lot) provided that the Member:

JUMKYL6B9J 30

(a) uses them in connection with the lawful use of its Lot; and

(b) keeps them in reasonable quantities according to the guidelines of Government Agencies.

19.3 Restrictions about fire safety

Members, Owners and Occupiers must not:

(a) interfere with, obstruct or damage Fire Safety Devices;

(b) do anything that will activate a Fire Safety Device unless there is a fire or other emergency in Harts Landing; or

(c) keep flammable materials on a Shared Facility.

20. Deliveries to the Building

20.1 Deliveries

The Owners and Occupiers must comply with the Rules made by the Building Management Committee when moving in or out of Harts Landing or delivering any large items or furniture through Harts Landing.

20.2 Obligations when moving in or out of Harts Landing

When Owners or Occupiers of the Residential Lot take deliveries or move furniture or goods through the Building, they must:

(a) repair any damaged caused to Harts Landing; and

(b) promptly clean up any spills in Harts Landing.

20.3 Building Manager

(a) The Building Management Committee appoints the Building Manager to monitor and control deliveries and moving in or out of Harts Landing.

(b) Owners and Occupiers must comply with the directions of the Building Manager with respect to deliveries and moving in or out of Harts Landing.

21. Carrying out Works within Harts Landing and Consent

21.1 Obligations before you carry out Works

Before a Member carries out Works in Harts Landing, the Member must obtain consent:

(a) from the Building Management Committee;

(b) if required, from Council and other relevant Government Agencies.

21.2 When to apply for government authority approval

A Member must not apply for Government Authority approval to carry out Works until the Member has obtained Building Management Committee approval.

21.3 Exclusions

A Member is not required to obtain consent from the Building Management Committee to carry out Works which are:

JUMKYL6B9J 31

(a) required to be carried out in accordance with an order by a Government Agency or other proper authority (including Court orders); or

(b) Works which were approved by any Government Agency before the date of registration of this Statement;

provided the Member gives the Building Management Committee at least 5 Business Days’ notice of the date the Member will be carrying out the Works and provides the Building Management Committee with any details reasonably required by the Building Management Committee about the Works.

21.4 Making an application

The Building Management Committee may, either generally or in specific cases, specify the plans, drawings and other documents which an applicant must submit with their application under this clause.

21.5 What information must be included in any application?

An application to the Building Management Committee for approval to carry out Works must:

(a) be in writing;

(b) be addressed to the Secretary or the Building Management Committee;

(c) include plans, drawings and other documents requested by the Building Management Committee in relation to the proposed Works;

(d) include the descriptions and samples of exterior materials and colours and external light fittings if they are available;

(e) include a report setting out the impact of the Works on Shared Facilities, including how the Member proposes to minimise interruption to the Shared Facilities; and

(f) include a report from a suitably qualified engineer setting out the effect of the Works on the structural integrity of Harts Landing.

21.6 Additional information

The Building Management Committee or an Owners Corporation may require an applicant Member to give additional plans, diagrams or other information to assist in the decision making process. The Building Management Committee must make a request for additional information within 10 Business Days of receiving the Application. The Applicant Member must supply the additional information as soon as reasonably possible.

21.7 Discretion

The Building Management Committee may act in its absolute discretion when it makes decisions about applications concerning the Residential Lots. It is not bound by its past decisions.

21.8 Time frame for making a decision

The Building Management Committee must review and make a decision about an application within 20 Business Days after the later of receiving the application and confirming that the application complies with the requirements of this clause (and the Building Management Committee will act reasonably in so confirming).

JUMKYL6B9J 32

21.9 Notifying the applicant of a decision

The Building Management Committee must immediately advise the applicant in writing when it has made a decision about an application. The advice must:

(a) clearly describe any conditions which attach to the approval; and

(b) if the application is not approved, explain the reasons for the decision.

22. Subdivisions

22.1 Notice of Subdivision proposal

If a Subdividing Member proposes to subdivide its Stratum Lot by a subdivision which when registered will create two or more Stratum Lots, the Subdividing Member must before registering the subdivision notify the Building Management Committee of its proposal and provide the following details:

(a) the proposed plan of subdivision together with surveyor certification of the area of each proposed New Member’s Lot;

(b) the names and contact details of the person who will represent each proposed New Member on registration of the plan of subdivision;

(c) the percentage of Shared Facility costs to be borne by each proposed New Member (the sum of which percentages must equal the percentage of Shared Facility costs borne by the Subdividing Member before subdivision); and

(d) if after providing the above details to the Building Management Committee there is any change in those details, the Subdividing Member must immediately provide the Building Management Committee with full particulars of that change.

22.2 Strata Management Statement amendments if a Subdivision Plan is registered

(a) On registration of the subdivision of a Stratum Lot, Schedule 1 must be amended to identify the New Members and set out the percentage of the total cost for each Shared Facility that each New Member must pay (being the percentages notified by the Subdividing Member to the Building Management Committee under clause 22.1)

(b) If the Subdividing Member did not provide the notice required under clause 22.1, the Building Management Committee may by Ordinary Resolution (in relation to which the Subdividing Member is disqualified from voting) give the Subdividing Member notice of the percentage of the total cost for each Shared Facility that each New Member must pay. If the Subdividing Member notifies the Building Management Committee of a different percentage of the total cost for each Shared Facility that each New Member must pay within 10 Business Days after receiving the notice under this clause 22.2(b) (and in this respect time is of the essence), Schedule 1 must be amended in accordance with the Subdividing Member’s notice.

(c) If the Subdividing Member does not give a notice under paragraph 22.2(b) within 10 Business Days after receiving the notice from the Building Management Committee Schedule 1 must be amended in accordance with the notice from the Building Management Committee specifying the percentage.

JUMKYL6B9J 33

23. Disputes

23.1 Initial resolution

The parties to a Dispute must endeavour in good faith to resolve their Dispute before taking action under this clause.

23.2 Dealing with Disputes according to this clause

The parties must deal with Disputes about this Statement according to this clause. This includes Disputes about the Building Management Committee or an Officer failing to comply with the provisions about Meetings or Emergency Meetings.

23.3 Dispute Notice

A party may give another party a Dispute Notice if they are unable to resolve their Dispute under clause 23.1. In the Dispute Notice the party must:

(a) describe what the Dispute is about;

(b) identify the provisions of this Statement or the law that apply to the Dispute;

(c) state the position of the party;

(d) set out the facts and other circumstances on which the party relies; and

(e) attach copies of correspondence and other documents mentioned in the Dispute Notice.

23.4 Negotiation

Within 5 Business Days after a party gives a Dispute Notice, the parties to the Dispute must meet in person (or conduct a telephone conference) at an agreed time and place. If they cannot agree on the time and place, they must meet to try to resolve the Dispute by negotiation:

(a) at 2.00 pm on the date which is 7 Business Days after the Dispute Notice was given; and

(b) at Harts Landing or by telephone conference.

23.5 Referring a Dispute to expert determination

If the parties cannot resolve their Dispute by negotiation, a party may give a notice (Determination Notice) requiring the parties to:

(a) refer the Dispute to an independent expert for determination; and

(b) appoint an expert to determine the Dispute.

23.6 Appointing an expert

If the parties cannot agree on an expert within five Business Days after a party gives a Determination Notice, a party may ask the Building Management Committee (by Ordinary Resolution) to:

(a) appoint an appropriate expert having regard to the nature of the Dispute; and

(b) determine the remuneration of the expert.

JUMKYL6B9J 34

23.7 Instructions to the expert

The parties must instruct the expert to:

(a) act as an expert and not as an arbitrator;

(b) determine the rules for the conduct of the expert determination; and

(c) consider the documents and other information the parties give the expert and which, in the opinion of the expert, are relevant.

23.8 Conducting expert determination

If the parties cannot agree on the rules for the conduct of the expert determination, then the expert is to determine the rules and notify the parties accordingly.

23.9 Expert determination

The expert:

(a) is not bound to observe the rules of natural justice or the rules of evidence;

(b) may obtain and refer to documents and information not provided by the parties; and

(c) must determine the Dispute and give written reasons for the determination within one month of being appointed.

23.10 Binding effect

The determination by the expert is final and binding on the parties to the Dispute without appeal so far as the law allows.

23.11 Expert determination about Shared Facility costs

(a) The expert has no jurisdiction to determine or redetermine:

(i) whether any service or facility is or is not a Shared Facility; or

(ii) a Member’s percentage liability for the costs of a Shared Facility.

(b) If a Dispute about the calculation of cost of a Shared Facility is determined under this clause, the expert who determines the Dispute must determine any adjustments a Member or the Building Management Committee must pay.

23.12 Costs

The parties to the Dispute must:

(a) equally share the costs for expert determination of their Dispute (unless the expert decides otherwise); and

(b) pay their own costs in connection with the Dispute.

23.13 Confidentiality

(a) The parties to a dispute must not disclose the existence or details of a Dispute to any person.

JUMKYL6B9J 35

(b) Paragraph (a) does not apply to disclosure to the Building Management Committee, a party’s legal adviser or financier, or to disclosure otherwise compelled by law.

(c) It being acknowledged that publication of the existence or details of a Dispute could cause serious damage to the value of property within Harts Landing, all persons bound by this Statement acknowledge that the Building Management Committee and any Member, Owner or Occupier may seek damages against any person who breaches this clause and (without having to prove damage) are entitled to take whatever legal action (including without limit injunction) is available to prevent unlawful disclosure commencing or continuing.

24. How to serve notices

24.1 Methods of serving notices

(a) A notice or communication under this Statement must be in writing and must be:

(i) delivered personally to the addressee;

(ii) left at the address of the addressee;

(iii) sent by pre-paid ordinary post to the address of the addressee; or

(iv) sent to the current email address of the addressee.

(b) All notices and communications to be served on the Building Management Committee by Members must be addressed to the Secretary.

24.2 When does a notice take effect?

A notice or communication takes effect from the time it is received unless a later time is specified.

24.3 Receipt - post

If sent by post, a notice is taken to be received three days after posting (or seven days after posting if sent to or from a place outside Australia).

24.4 Receipt – Email

If sent by e-mail, a notice is taken to be received at the time shown on the senders computer as the time that the Email was sent.

24.5 Form of notices

Unless stated otherwise in this Statement all notices, certificates, consents and other communications in connection with this Statement must be in writing, signed by the sender (if an individual) or an authorised officer of the sender.

24.6 Receipt - general

Despite clause 24.3 and 24.4, if a notice is received after 5:00pm in the place of receipt or on a non-Business Day, it is taken to be received at 9:00am on the next Business Day.

25. GST

25.1 Obligation to pay GST

Where GST is imposed on any supply made under or in connection with this Statement by one party (supplying party) to another party (receiving party), the receiving party must

JUMKYL6B9J 36

pay or provide the GST exclusive consideration for the supply and, in addition to and at the same time as the GST exclusive consideration is payable or to be provided, an additional amount equal to the amount of GST liability of the supplying party. The supplying party must issue a tax invoice to the receiving party.

25.2 Differences in amounts

If the amount of GST recovered by the supplying party from the receiving party differs from the amount of GST payable at law by the supplying party (or an entity grouped with the supplying party for GST purposes) in respect of the supply, the amount payable by the receiving party to the supplying party will be adjusted accordingly.

25.3 Reimbursement

Where one party (payer) is liable to reimburse another party (payee) for any expenditure incurred by the payee (Expenditure), the amount reimbursed by the payer will be the GST exclusive Expenditure plus any GST payable to the payee by the payer under this clause.

26. GENERAL

26.1 Discretion in exercising rights

The Building Management Committee, a Member or an Owner may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (unless this Statement expressly states otherwise).

26.2 Partial exercise of rights

If the Building Management Committee, a Member, an Owner or an Occupier do not fully exercise a right or remedy fully or at a given time, they may still exercise it later.

26.3 Approvals and consents

By giving its approval or consent, the Building Management Committee, a Member or an Owner does not make or give any warranty or representation as to any circumstance relating to the subject matter of the consent or approval.

26.4 Conflict of interest

The Building Management Committee, Members, Owners and Occupiers may exercise their rights and remedies under this Statement even if this involves a conflict of duty or a party has a personal interest in their exercise.

26.5 Remedies cumulative

The rights and remedies provided in this Statement are in addition to other rights and remedies given by law independently of this Statement.

JUMKYL6B9J

Signing Page

Signed by [TBA] under s.127(1) of the Corporations Act 2001

sign sign

office (director) office (director or secretary)

full name full name

JUMKYL6B9J 38

Schedule 1 Shared Facilities

Part 1 - Shared Facilities methods for apportioning costs

[insert]

Part 2 - List of Shared Facilities and cost apportionment

[insert]

JUMKYL6B9J 39

Schedule 2 Shared Facilities Plan

[insert]

JUMKYL6B9J 40

Schedule 3 Architectural And Landscape Standards

1. Overview

1.1 Definitions

(a) In these Architectural and Landscape Standards:

Building means the building which comprises Harts Landing.

Original Building Configuration means the external appearance of the Building and the landscaping of Harts Landing at the time of registration of strata plan [##insert SP number] assuming that all building and landscaping works then being undertaken by had been completed.

(b) Words used in these Architectural and Landscape Standards which are defined in clause 1.1 of this Statement have the same meaning as in clause 1.1.

1.2 Purpose of these Architectural And Landscape Standards

The purpose of these Architectural and Landscape Standards is to control the external appearance of Harts Landing by governing works to be undertaken to the Building and the landscaped parts of Harts Landing to:

(a) preserve the design integrity and architectural quality of Harts;

(b) maintain the high aesthetic standards that make Harts Landing an attractive and desirable place to reside; and

(c) uphold property values for Owners.

1.3 What do these Architectural and Landscape Standards regulate?

These Architectural and Landscape Standards regulate all works to be undertaken to the Building and landscaping where the works impact on the external appearance of the Building.

1.4 Who must comply with the Architectural and Landscape Standards?

The Building Management Committee, the Owners Corporation, Owners and Occupiers must comply with these Architectural and Landscape Standards before doing any works to the Building, any landscaping, or any other work regulated by the by- laws. The Building Management Committee must not give consent to any Building Works unless those proposed works comply with these Architectural and Landscape Standards.

2. Obligations Owners, Occupiers and the Owners Corporation

2.1 Owners and Occupiers

(a) Subject to clause 2.1(c) Owners and Occupiers must not carry out any works to any external area or facade or structure within a Lot which alters the Original Building Configuration.

(b) For the avoidance of doubt the obligations of Owners and Occupiers under clause 2.1(a) extend to any changes to or the erection of:

(i) the colour of any surface;

JUMKYL6B9J 41

(ii) the type or quality of the materials used (unless such materials are of a higher quality);

(iii) the reflective nature of any surface;

(iv) the soundproofing qualities of any materials or surface;

(v) any sunscreen or sun shading device (including the erection of any awning, pergola, pagoda or the like);

(vi) the nature of any hard surface, paving or walkway;

(vii) the nature of any soft surface or grassed area;

(viii) the landscaping of any outside areas;

(ix) the external lighting; or

(x) satellite dishes, aerials or other communication devices.

(c) Owners and Occupiers may carry out any works to any external area or facade or structure within a Lot which alters the Original Building Configuration where:

(i) they have obtained the prior written consent of the Owners Corporation; and

(ii) the Owners Corporation is satisfied acting reasonably the alteration is minor and does not materially alter the Original Building Configuration.

2.2 The Owners Corporation

(a) The Owners Corporation must not carry out any works to any external area or facade or structure of the Building which alters the Original Building Configuration unless the Owners Corporation is satisfied acting reasonably the alteration is minor and does not materially alter the Original Building Configuration.

(b) The Owners Corporation must in a proper and workmanlike manner regularly maintain the landscaped areas of the Common Property to the same standard as the Original Building Configuration.

(c) The Owners Corporation must manage the enforcement of the by-laws which relate to the external appearance of the Building to prevent any change from the Original Building Configuration arising from a breach of the by-laws including (but not limited to) managing the enforcement of the by-laws that relate to:

(i) the approved colour and standard of any window covers including the solar treatment or tinting of any glass surface;

(ii) the approved outdoor furniture or storage of items on any balcony;

(iii) the prohibition against Owners and Occupiers hanging laundry (or other items) in any area of their Lot so that it is visible from outside the Lot;

(iv) the fixing of items to the facade of the Building including the balcony and the use of balconies generally (including the use of barbeques);

(v) the enclosing of any balcony;

(vi) the attaching or erecting of any aerial or satellite dish;

(vii) the changing of any external lighting on a Lot; and

JUMKYL6B9J 42

(viii) the installation of alarms and other security devices.

JUMY3KVKRP 38

ANNEXURE C Stratum Plan

CO

MB

EW

OO

D A

VE

NU

E


DU

NS

HE

A S

TR

EE

T

LOTS 1 & 2

6370m²

1

400

Surveyor: Date of Survey: DP

RegisteredLGA:Locality :Subdivision No:Lengths are in metres. Reduction Ratio 1:

PENRITH

PENRITH

Surveyor's Reference: ..........., 2016

42334-43092DP

PLAN OF SUBDIVISION OF LOT 3105 DP 1184499

GLENN HARRIS COX

DRAFTISSUE FOR REVIEW: 13-05-16

4



LOCKLEY

www.ltsl.com.au

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION Sheet of sheet(s)

Table of mm10 20 30 40 50 60 90 100 110 120 130 140

LOCATION PLAN

CO

MB

EW

OO

D A

VE

NU

E


DU

NS

HE

A S

TR

EE

T

(3449m²)

PT1

(2921m²)

PT2

(A)

2

400



PENRITH

PENRITH


42334-43092DP


GLENN HARRIS COX


4



LOCKLEY

www.ltsl.com.au


Table of mm10 20 30 40 50 60 90 100 110 120 130 140

BASEMENT LEVEL AND BELOW

(A) RIGHT OF CARRIAGEWAY VARIABLE WIDTH (LIMITED IN STRATUM)

RIGHT OF FOOTWAY TO ACCESS SHARED FACILITIES - WHOLE OF LOT

RIGHT OF FOOTWAY FOR FIRE EGRESS - WHOLE OF LOT

CO

MB

EW

OO

D A

VE

NU

E


DU

NS

HE

A S

TR

EE

T

PT1

(2909m²)

(3461m²)

PT2

(A)

3

400



PENRITH

PENRITH


42334-43092DP


GLENN HARRIS COX


4



LOCKLEY

www.ltsl.com.au


Table of mm10 20 30 40 50 60 90 100 110 120 130 140

LEVEL 1

(A) RIGHT OF CARRIAGEWAY VARIABLE WIDTH (LIMITED IN STRATUM)



CO

MB

EW

OO

D A

VE

NU

E


DU

NS

HE

A S

TR

EE

T

(3484m²)

PT1

(2886m²)

PT2

4

400



PENRITH

PENRITH


42334-43092DP


GLENN HARRIS COX


4



LOCKLEY

www.ltsl.com.au


Table of mm10 20 30 40 50 60 90 100 110 120 130 140

LEVEL 2 AND ABOVE



JUMY3KVKRP 39

ANNEXURE D By-Laws

JUMGBJK4YQ

Residential By-Laws

Approved Form 27

By-laws

[Insert strata plan number].

Instrument setting out the terms of by-laws to be created upon registration of the strata plan

Harts Landing

1 -39 Lord Sheffield Circuit, Penrith NSW 2750

JUMGBJK4YQ i

Contents

1. Definitions and Interpretation ........................................................................ 1 1.1 Definitions ............................................................................................................................. 1 1.2 Interpretation ........................................................................................................................ 2 1.3 Headings .............................................................................................................................. 3 1.4 Severability ........................................................................................................................... 3 1.5 Discretion in exercising rights .............................................................................................. 3 1.6 Partial exercise of rights ....................................................................................................... 3 1.7 Remedies cumulative ........................................................................................................... 3

2. Introduction ..................................................................................................... 3 2.1 What are by-laws? ............................................................................................................... 3 2.2 Who must comply with the by-laws? .................................................................................... 3

3. Behaviour ........................................................................................................ 3 3.1 Obligations of Owners and Occupiers ................................................................................. 3 3.2 Complying with law .............................................................................................................. 4

4. Responsibility for visitors .............................................................................. 4 4.1 Owners and Occupiers obligations ...................................................................................... 4 4.2 Leasing Lots ......................................................................................................................... 4

5. Obligations of Owners and Occupiers for the Lot ....................................... 4 5.1 General obligations .............................................................................................................. 4 5.2 Owners Corporation Consent .............................................................................................. 4 5.3 Floor coverings ..................................................................................................................... 5 5.4 Windows ............................................................................................................................... 5 5.5 Laundry................................................................................................................................. 5 5.6 Car parking spaces .............................................................................................................. 5

6. Keeping Animals ............................................................................................. 6 6.1 Permitted animals................................................................................................................. 6 6.2 Controlling animals ............................................................................................................... 6 6.3 Conditions for keeping an animal ......................................................................................... 6 6.4 Responsibilities .................................................................................................................... 6

7. Noise controls ................................................................................................. 7 7.1 Noise which affects neighbours ........................................................................................... 7 7.2 Equipment and machinery ................................................................................................... 7

8. Erecting a sign ................................................................................................ 7 8.1 Obligations ........................................................................................................................... 7 8.2 Developer Activities .............................................................................................................. 7

9. Moving and delivering furniture and goods ................................................. 7 9.1 Moving in .............................................................................................................................. 7 9.2 Obligations ........................................................................................................................... 7 9.3 Additional requirements for moving in or moving out .......................................................... 8 9.4 Building Manager may co-ordinate ...................................................................................... 8 9.5 Indemnity .............................................................................................................................. 8

10. Balconies ......................................................................................................... 8 10.1 What can be kept on a Balcony? ......................................................................................... 8 10.2 Prohibitions on items on balconies ...................................................................................... 9 10.3 Removing items from a Balcony .......................................................................................... 9

JUMGBJK4YQ ii

10.4 Enclosing a Balcony ............................................................................................................. 9 10.5 Portable items to be removed when Balcony not in use...................................................... 9 10.6 Owner and Occupier responsibilities ................................................................................... 9 10.7 Indemnity .............................................................................................................................. 9

11. Storing and operating a barbeque................................................................. 9 11.1 Barbeques ............................................................................................................................ 9 11.2 Types of approved barbeques ........................................................................................... 10 11.3 Operating a barbeque ........................................................................................................ 10

12. Disposal of garbage...................................................................................... 10 12.1 General requirements ........................................................................................................ 10 12.2 Obligations ......................................................................................................................... 10 12.3 Owners Corporation responsibility ..................................................................................... 10

13. Architectural and Landscape Standards .................................................... 11 13.1 Adoption ............................................................................................................................. 11 13.2 Obligation to comply ........................................................................................................... 11 13.3 Alteration of Architectural and Landscape Standards ....................................................... 11

14. Building Works ............................................................................................. 11 14.1 Consent .............................................................................................................................. 11 14.2 Procedures before carrying out Building Works ................................................................ 11 14.3 Procedures when carrying out Building Works .................................................................. 11

15. Use ................................................................................................................. 11

16. Building Manager .......................................................................................... 12 16.1 Appointment ....................................................................................................................... 12 16.2 Delegation .......................................................................................................................... 12 16.3 Duties ................................................................................................................................. 12

17. Special privilege for Air Conditioning Units ............................................... 12

18. Energy and water rated appliances ............................................................. 13

19. Damage to Common Property ..................................................................... 13 19.1 Obligations ......................................................................................................................... 13 19.2 Owners Corporation consent ............................................................................................. 13

20. Insurance premiums ..................................................................................... 13 20.1 Consent from the Owners Corporation .............................................................................. 13 20.2 Increased premiums ........................................................................................................... 13

21. Security .......................................................................................................... 13 21.1 Rights and obligations of the Owners Corporation ............................................................ 13 21.2 Installation of security equipment ....................................................................................... 14 21.3 Restricting access to Common Property ........................................................................... 14 21.4 Obligations ......................................................................................................................... 14

22. Security Keys ................................................................................................ 14 22.1 Providing Owners and Occupiers ...................................................................................... 14 22.2 Number of Security Keys per Lot ....................................................................................... 14 22.3 Ownership .......................................................................................................................... 14 22.4 Managing the Security Key system .................................................................................... 14 22.5 Obligations ......................................................................................................................... 15

JUMGBJK4YQ iii

22.6 Prohibitions ......................................................................................................................... 15

23. Consents ....................................................................................................... 15 23.1 Who may give consent? ..................................................................................................... 15 23.2 Conditions .......................................................................................................................... 15 23.3 Revocation ......................................................................................................................... 15

24. Failure to comply with by-laws .................................................................... 16 24.1 Owners Corporation step in rights ..................................................................................... 16 24.2 Procedures ......................................................................................................................... 16

25. Service of documents................................................................................... 16 25.1 Service by e-mail ................................................................................................................ 16

Signing Page .............................................................................................................. 1

Schedule 1 Architectural Landscape Standards ............................................... 1

JUMGBJK4YQ 1

Residential By-Laws

By-Laws

1. Definitions and Interpretation

1.1 Definitions

Unless the contrary intention appears, in these by-laws:

Air Conditioning Unit means an air conditioning unit located within a Lot and which exclusively services a Lot and includes cables, conduits, pipes, wires, ducts and any other service that connects the air conditioning unit to the Lot or which are otherwise for the exclusive use of a Lot.

Architectural and Landscape Standards means the architectural and landscape standards set out in Schedule 1.

Balcony means a balcony, terrace and/or courtyard in a Lot.

Building Manager means the building manager appointed by the Owners Corporation according to by-law 16.

Building Works mean works, alterations, additions, damage, removal, repairs or replacement of:

(a) Common Property structures, including the Common Property walls, floor and ceiling enclosing the Lot;

(b) the structure of the Lot;

(c) the internal walls inside the Lot (for example, a wall dividing 2 rooms in the Lot);

(d) Common Property services; or

(e) services in the Development, whether or not they are for the exclusive use of the Lot,

but excludes:

(a) works or alterations to the interior of Common Property walls in a Lot; and

(b) works which an Owner is entitled to carry out under an Exclusive Use By-Law,

unless such works are likely to affect the operation of fire safety devices in the Lot or reduce the level of safety in the Lot or the Common Property.

Common Property means common property in the Development and personal property of the Owners Corporation.

Council means the Penrith City Council.

Developer means [#].

Development means the strata scheme comprised in strata plan no. [#].

Executive Committee means the executive committee of the Owners Corporation.

JUMGBJK4YQ 2

Exclusive Use By-Law means by-laws granting Owners exclusive use and special privileges of Common Property according to Chapter 2, Part 5, Division 4 of the Management Act.

Government Agency means a governmental or semi-governmental administrative, fiscal or judicial department or entity.

Lot means a strata lot in the Development.

Management Act means Strata Schemes Management Act 1996 (NSW).

Occupier means the occupier, lessee, licensee or any person in lawful occupation of a Lot or any part of a Lot.

Owner means:

(a) the owner for the time being of a Lot;

(b) if a Lot is subdivided, the owners for the time being of the new Lots;

(c) for an Exclusive Use By-Law, the owner of the Lot benefiting from the by-law; and

(d) a mortgagee in possession of a Lot.

Owners Corporation means The Owners - Strata Plan No #.

Restricted Dog has the meaning it has in the Companion Animals Act 1998 (NSW).

Security Keys means a key, magnetic card, fob or other device used to open and close Common Property doors, gates or locks or to operate alarms, security systems or communication systems.

1.2 Interpretation

Unless a contrary intention appears, a reference in these by-laws to:

(a) words that are not defined in these by-laws have the same meaning as they do in the Management Act;

(b) a law, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of them;

(c) the word person includes an individual, a firm, a body corporate, a partnership, joint venture, an incorporated association or association or a Government Agency;

(d) a particular person includes a reference to the person’s executors, administrators, successors, substitutes and assigns;

(e) the singular includes the plural and vice versa; and

(f) the words include or including are not used as, nor are they to be interpreted as, words of limitation and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

JUMGBJK4YQ 3

1.3 Headings

Headings are for convenience only and do not affect the interpretation of the by-laws.

1.4 Severability

A provision of these by-laws that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or enforceability of the provision in these by-laws in any other jurisdiction or the validity or enforceability of the remaining by-laws in any jurisdiction.

1.5 Discretion in exercising rights

The Owners Corporation and the Executive Committee may exercise a right or remedy or give their consent in any way they consider appropriate (unless these by-laws expressly state otherwise).

1.6 Partial exercise of rights

If the Owners Corporation, Executive Committee, an Owner or an Occupier do not fully exercise a right or remedy fully or at a given time, they may still exercise it later.

1.7 Remedies cumulative

The rights and remedies provided in these by-laws are in addition to other rights and remedies given by law independently of these by-laws.

2. Introduction

2.1 What are by-laws?

These by-laws regulate the day-to-day management and operation of the Development.

2.2 Who must comply with the by-laws?

Owners and Occupiers and the Owners Corporation must comply with these by-laws.

3. Behaviour

3.1 Obligations of Owners and Occupiers

Owners and Occupiers must not:

(a) make noise, vibration or behave in a way that might unreasonably interfere with the use and enjoyment of a Lot or Common Property by another Owner or Occupier;

(b) use language or behave in a way that might offend or embarrass another Owner or Occupier or their visitors;

(c) smoke cigarettes, cigars or pipes while on Common Property or allow smoke from them to enter Common Property or another Lot;

(d) obstruct the use of Common Property by any person;

(e) do anything in the Development which is illegal;

JUMGBJK4YQ 4

(f) leave children unattended in or on areas of Common Property which are of possible danger or hazard to children; or

(g) do anything which might damage the good reputation of the Owners Corporation or the Development.

3.2 Complying with law

Owners and Occupiers must comply on time and at their cost with all laws relating to:

(a) their Lot; and

(b) Common Property to which they have a licence, lease or a right to use under an Exclusive Use By-Law.

4. Responsibility for visitors

4.1 Owners and Occupiers obligations


(a) take all reasonable steps to ensure that the visitors of any Owner or Occupier comply with these by-laws;

(b) ensure their visitors leave the Development if they do not comply with the by-laws; and

(c) accompany visitors at all times, except when they are entering or leaving the Development.

4.2 Leasing Lots

If an Owner leases or licences its Lot, the Owner must:

(a) provide its tenant or licensee with an up-to-date copy of these by-laws; and

(b) ensure that the Owner’s tenant or licensee and their visitors comply with these by-laws.

5. Obligations of Owners and Occupiers for the Lot

5.1 General obligations

Each Owner and Occupier must, in relation to the Lot which they own or occupy:

(a) keep the Lot clean and tidy and in good repair and condition;

(b) properly maintain, repair and, where necessary, replace an installation or alteration made under these by-laws which services the Lot; and

(c) notify the Owners Corporation if they change the existing use of the Lot in a way which may affect the Owners Corporation’s insurance policies or premiums.

5.2 Owners Corporation Consent

Each Owner and Occupier must have consent from the Owners Corporation to:

(a) carry out Building Works;

JUMGBJK4YQ 5

(b) do or keep anything in or on a Lot that is not in keeping with the appearance of the Development;

(c) install bars, screens, grilles, security locks or other safety devices on the interior or exterior of windows or doors in a Lot if they are visible from outside of the Lot or the Development;

(d) install an audible intruder alarm;

(e) do anything that may invalidate or suspend any insurances effected by the Owners Corporation or increase the premium; and

(f) attach or hang an aerial or wires outside a Lot.

5.3 Floor coverings

(a) Each Owner and Occupier must keep the floors in their Lot covered or treated to stop the transmission of noise which unreasonably disturbs other Owners or Occupiers.

(b) If an Owner wants to change the floor covering or treatment within their Lot other than the floor covering or treatment existing as at the date of registration of the Development strata plan, the impact insulation rating of an installed floor covering or treatment must have an impact insulation rating classification of not less than 50 as measured in accordance with AS 1055-1997 and must comply with the requirements of the Building Code of Australia.

(c) Each Owner must have consent from the Owners Corporation to remove or interfere with floor coverings or treatments in their Lot which assist to prevent the transmission of noise.

5.4 Windows

(a) Each Owner must obtain consent from the Owners Corporation to:

(i) attach window tinting (or any other item); and

(ii) install curtains, roller blinds or venetian blinds (or any other type of window covering),

to windows and glass doors in the Owner’s Lot.

(b) Each Owner may install curtains, roller blinds or venetian blinds on or in their Lot provided that the window coverings have an appearance from outside the Lot or the Development which is in keeping with the appearance of the Development and in accordance with the Architectural and Landscape Standards.

5.5 Laundry

Owners and Occupiers must not hang laundry (or any other item) in any area of their Lot so that it is visible from outside the Lot.

5.6 Car parking spaces

Car parking spaces must only be used for the parking of cars. Car parking spaces must not be used for storing bicycles or other goods except that any part of a car parking space that has been specifically designated as storage space by the Developer may be used for storage.

JUMGBJK4YQ 6

6. Keeping Animals

6.1 Permitted animals

(a) Owners and Occupiers may keep in their Lot, without obtaining the consent of or notifying the Owners Corporation:

(i) fish in a secure indoor aquarium not exceeding 1,200 litres in volume; or

(ii) a guide dog or hearing dog or other animal if they need the dog or other animal because of a visual disability, hearing disability or any other disability.

(b) Owners and Occupiers may keep up to a total maximum of two of the following types of animals in their Lot:

(i) small companion dogs (other than Restricted Dogs which are expressly prohibited);

(ii) cats;

(iii) small caged birds,

but only if the Owner or Occupier notifies the Owners Corporation in writing before bringing the animals in or on to the Lot.

(c) Owners and Occupiers may not keep any other type of animal in their Lot without the written consent of the Owners Corporation (such consent not to be unreasonably withheld).

6.2 Controlling animals

Owners and Occupiers must ensure that:

(a) any animal they are allowed to keep under this by-law does not wander onto another Lot or Common Property; and

(b) when taking any animal onto Common Property, they must carry it and control it at all times.

6.3 Conditions for keeping an animal

The Owners Corporation has the right at any time to order an Owner or Occupier to remove its animal if:

(a) it becomes offensive, vicious, aggressive, noisy or a nuisance;

(b) the Owner or Occupier does not comply with its obligations under this by-law 6;

(c) if the Owner or Occupier keeps a dog, the dog becomes a Restricted Dog in accordance with the Companion Animals Act 1998 (NSW); or

(d) if the animal is a companion animal as defined in the Companion Animals Act 1998 (NSW), it is not registered under that Act.

6.4 Responsibilities

Owners and Occupiers are responsible:

JUMGBJK4YQ 7

(a) to other Owners and Occupiers and people using Common Property for:

(i) any noise their animal makes which causes unreasonable disturbance; and

(ii) damage to or loss of property or injury to any person caused by their animal; and

(b) to clean up after their animal and take such action as may be necessary to clean all areas of their Lot and Common Property that are soiled by the animal.

7. Noise controls

7.1 Noise which affects neighbours

Owners and Occupiers must not make noise which might unreasonably interfere with the use and enjoyment by another Owner or Occupier of their Lot or Common Property.

7.2 Equipment and machinery

Owners and Occupiers must ensure that equipment and machinery in their Lot or Common Property does not cause vibrations or noise in another part of the Development which might unreasonably interfere with the use and enjoyment by another Owner or Occupier of their Lot or Common Property.

8. Erecting a sign

8.1 Obligations

Owners and Occupiers must not erect a sign in their Lot or on Common Property.

8.2 Developer Activities

The Developer does not need consent from the Owners Corporation to erect and display “For Sale” or “For Lease” signs on Common Property or in Lot which is owned by the Developer.

9. Moving and delivering furniture and goods

9.1 Moving in

Owners and Occupiers must make arrangements with the Owners Corporation at least 72 hours before they move in to or out of the Development or move large articles (for example, furniture) through Common Property.

9.2 Obligations

When an Owner or Occupier takes deliveries or moves furniture or goods through the Development, they must:

(a) comply with the reasonable requirements of the Owners Corporation, including requirements to fit an apron cover to the Common Property lift;

(b) repair any damage they (or the person making the delivery) cause to Common Property; and

(c) if they (or the person making the delivery) spill anything onto Common Property, immediately remove the item and clean that part of the Common Property.

JUMGBJK4YQ 8

9.3 Additional requirements for moving in or moving out

The Owners Corporation may impose the following additional requirements on Owners or Occupiers who are moving in or moving out of the Development:

(a) Owners or Occupiers may be required to complete and submit a form to the Owners Corporation containing details of the move, the form of which is to be reasonably determined by the Owners Corporation;

(b) Owners or Occupiers may be required to make moving arrangements and receive their deliveries at specified times on specified days; and

(c) Owners or Occupiers may be required to pay a cash bond in an amount reasonably determined by the Owners Corporation from time to time for the purpose of ensuring that Common Property is not damaged during the move. Any bond required must be paid before the move commences and the Owners Corporation must refund the bond (or any part of the bond not required to pay for damage to Common Property caused by the move) to the Owner or Occupier within 72 hours of the move being completed.

9.4 Building Manager may co-ordinate

The Owners Corporation may appoint the Building Manager to assist it to perform its functions under this by-law. If this happens, Owners and Occupiers must:

(a) make arrangements with the Building Manager when they move in or out of the Development; and

(b) comply with the requirements of the Building Manager when they take deliveries or move furniture or goods through the Development.

9.5 Indemnity

Each Owner and Occupier agrees to indemnify the Owners Corporation against any loss suffered or incurred by the Owners Corporation arising from or in consequence of failing to comply with this by-law 9, unless it is caused by the negligence of the Owners Corporation, including but not limited to:

(a) damage to a Lot or to Common Property;

(b) damage or injury to any person.

10. Balconies

10.1 What can be kept on a Balcony?

An Owner or Occupier may keep pot plants, landscaping, and occasional furniture on the Balcony of their Lot if:

(a) it is a type approved by the Owners Corporation;

(b) it is of a standard commensurate with the standard of the Development;

(c) it will not (or is not likely to) cause damage;

(d) it is not (or is not likely to become) dangerous; and

(e) it is not likely to be blown off or fall from the Balcony.

JUMGBJK4YQ 9

10.2 Prohibitions on items on balconies

Owners and Occupiers must not keep any fitness equipment, spa, jacuzzi, hot tub, sauna, pool or bath tub or like equipment on the Balcony of their Lot.

10.3 Removing items from a Balcony

To enable the Owners Corporation to inspect, repair or replace Common Property, the Owners Corporation may require Owners and Occupiers, at their cost, to temporarily remove and store items from the Balcony of their Lot that are not Common Property.

10.4 Enclosing a Balcony

Owners and Occupiers must not enclose their Balconies.

10.5 Portable items to be removed when Balcony not in use

Owners and Occupiers must remove from their Balcony all portable items, including but not limited to towels, clothes, toys, utensils, glassware, cutlery and crockery when the Balcony is not in use.

10.6 Owner and Occupier responsibilities

Each Owner and Occupier is responsible for any damage or loss which is caused or contributed to by any item falling from, or being thrown from, or blowing off their Balcony.

10.7 Indemnity

Each Owner and Occupier agrees to indemnify the Owners Corporation against any loss suffered or incurred by the Owners Corporation arising from or in consequence of failing to comply with this by-law 10, unless it is caused by the negligence of the Owners Corporation, including but not limited to:

(a) damage to a Lot or to Common Property;

(b) damage or injury to any person.

11. Storing and operating a barbeque

11.1 Barbeques

Owners and Occupiers may store and operate a portable barbeque on the Balcony of their Lot if:

(a) it is a type approved under by-law 11.2;

(b) it will not (or is not likely to) cause damage;

(c) it is not (or is not likely to become) dangerous;

(d) it is kept covered when not in operation;

(e) it is kept clean and tidy; and

(f) they comply with this by-law.

JUMGBJK4YQ 10

11.2 Types of approved barbeques

Owners and Occupiers may store and operate the following types of barbeques on the Balcony of their Lot:

(a) a covered gas or electric portable barbeque; or

(b) any other type approved by the Owners Corporation.

11.3 Operating a barbeque

(a) Owners and Occupiers may only operate barbeques during the hours of 9:00 am and 9:00 pm (or during other hours approved by the Owners Corporation).

(b) When Owners and Occupiers use a barbeque, they must not create smoke, odours or noise which interfere unreasonably with another Owner or Occupier.

12. Disposal of garbage

12.1 General requirements

Owners and Occupiers must not deposit or leave garbage or recyclable materials:

(a) on Common Property (other than in the garbage room according to this by-law); or

(b) in an area of their Lot which is visible from outside the Lot.

12.2 Obligations


(a) drain and securely wrap household garbage and put it in the garbage room;

(b) leave other garbage and recyclable materials in the area in the garbage room designated by the Owners Corporation for that purpose;

(c) drain and clean bottles and make sure they are not broken before placing them in the area in the Garbage Room designated by the Owners Corporation for that purpose;

(d) recycle garbage according to instructions from the Owners Corporation and Council; and

(e) contact the Owners Corporation to remove (at the Owner’s or Occupier’s cost) large articles of garbage, recyclable materials, liquids or other articles that Council will not remove as part of its normal garbage collection service.

12.3 Owners Corporation responsibility

The Owners Corporation must:

(a) make garbage and recyclable materials available for collection by Council (including moving garbage and recyclable materials to a central collection area); and

(b) arrange for the removal of large articles of garbage, recyclable materials, liquids or other articles that Council will not remove as part of its normal garbage collection service (at the cost of the relevant Owner or Occupier).

JUMGBJK4YQ 11

13. Architectural and Landscape Standards

13.1 Adoption

The Owners Corporation adopts the Architectural and Landscape Standards.

13.2 Obligation to comply

The Owners Corporation, Owners and Occupiers must do everything necessary to comply with the Architectural and Landscape Standards.

13.3 Alteration of Architectural and Landscape Standards

Any amendment or repeal of the Architectural and Landscape Standards can only be made if passed by special resolution of the members of the Owners Corporation.

14. Building Works

14.1 Consent

An Owner or Occupier must have consent from the Owners Corporation to carry out Building Works. The Owners Corporation must not consent to the carrying out of Building Works unless it is satisfied the Building Works when completed will be consistent with the Architectural and Landscape Standards.

14.2 Procedures before carrying out Building Works

Before carrying out Building Works, Owners and Occupiers must:

(a) obtain necessary consents from the Owners Corporation and Government Agencies;

(b) find out where service lines and pipes are located;

(c) obtain consent from the Owners Corporation if it propose to interfere with or interrupt services; and

(d) give the Owners Corporation a written notice at least 14 days before starting the Building Works.

14.3 Procedures when carrying out Building Works

Owners and Occupiers carrying out Building Works, must:

(a) use qualified, reputable and, where appropriate, licensed contractors approved by the Owners Corporation;

(b) carry out the Building Works in a proper manner and to the reasonable satisfaction of the Owners Corporation; and

(c) repair any damage caused to Common Property or the property of another Owner or Occupier.

15. Use

Owners and Occupiers must ensure that their Lot is not used for any purpose that is prohibited by law.

JUMGBJK4YQ 12

16. Building Manager

16.1 Appointment

The Owners Corporation may appoint and enter into agreements with a Building Manager to provide management and operational services for the Development.

16.2 Delegation

The Owners Corporation cannot delegate its functions or the functions of the Executive Committee to a Building Manager.

16.3 Duties

The duties of a Building Manager under an agreement with the Owners Corporation may include:

(a) caretaking, supervising and servicing Common Property;

(b) supervising cleaning and garbage removal services;

(c) supervising the repair, maintenance, renewal or replacement of Common Property;

(d) co-ordinating deliveries and the movement of goods, furniture and other large articles through Common Property;

(e) co-ordinating the carrying out of Building Works;

(f) managing the Security Keys and providing Security Keys according to these by-laws;

(g) providing services to the Owners Corporation, Owners and Occupiers;

(h) supervising employees and contractors of the Owners Corporation;

(i) supervising the Development generally; and

(j) doing anything else that the Owners Corporation agrees is necessary for the operation and management of the Development.

17. Special privilege for Air Conditioning Units

Owners must, at their cost:

(a) operate, maintain and repair their Air Conditioning Unit in accordance with manufacturer’s specifications;

(b) maintain, repair and, where necessary, replace those parts of Common Property where the Air Conditioning Unit (or any part of it) is fitted and installed (excluding any structural maintenance and repairs);

(c) fire proof any penetration of the Common Property walls or slabs to meet the Australian fire standards required for the building in the Development;

(d) use contractors approved by the Owners Corporation to maintain repair and, where necessary, replace those parts of Common Property where the Air Conditioning Unit (or any part of it) is fitted and installed; and

JUMGBJK4YQ 13

(e) comply with requirements of Government Agencies about Air Conditioning services.

18. Energy and water rated appliances

All appliances installed in a Lot must be energy rated appliances with an energy star rating of three stars or more. All fittings must be water saving fittings and appliances with AAA water rating or more.

19. Damage to Common Property

19.1 Obligations


(a) use Common Property equipment only for its intended purpose;

(b) immediately notify the Owners Corporation if they know about damage to or a defect in Common Property; and

(c) compensate the Owners Corporation for any damage to Common Property caused by them, their visitors or persons doing work or carrying out Building Works in the Development on their behalf.

19.2 Owners Corporation consent

Owners and Occupiers must have consent from the Owners Corporation to:

(a) interfere with or make any alteration to Common Property;

(b) remove anything from Common Property that belongs to the Owners Corporation; or

(c) interfere with the operation of Common Property equipment.

20. Insurance premiums

20.1 Consent from the Owners Corporation

An Owner or Occupier must have consent from the Owners Corporation to do anything that might invalidate or suspend any insurance policy effected by the Owners Corporation or increase the premium.

20.2 Increased premiums

If the Owners Corporation gives consent under this by-law, it may make conditions that require the Owners or Occupier to reimburse the Owners Corporation for any increased premium.

21. Security

21.1 Rights and obligations of the Owners Corporation

The Owners Corporation must take reasonable steps to:

(a) stop intruders coming into the Development; and

(b) prevent fires and other hazards.

JUMGBJK4YQ 14

21.2 Installation of security equipment

Subject to this by-law, the Owners Corporation has the power to install and operate in Common Property audio and visual security cameras and other audio and visual surveillance equipment for the security of the Development.

21.3 Restricting access to Common Property

The Owners Corporation has the power to:

(a) close off or restrict by Security Key access to parts of Common Property that do not give access to a Lot;

(b) restrict by Security Key access to levels in the Development where and Owner or Occupier does not own or occupy a Lot or have access to according to an Exclusive Use By-Law; and

(c) allow security personnel to use part of Common Property to operate or monitor security of the Development.

21.4 Obligations

An Owner or Occupier must not:

(a) interfere with security cameras or surveillance equipment; or

(b) do anything that might prejudice the security or safety of the Development.

22. Security Keys

22.1 Providing Owners and Occupiers

The Owners Corporation may give Owners and Occupiers a Security Key if it restricts access to Common Property under by-law 21.

22.2 Number of Security Keys per Lot

(a) With the exception of keys used to open and close the front doors of Lots, the Owners Corporation may determine how many Security Keys are allocated to each Lot and may determine how many Security Keys are active at any one time by reference to how many bedrooms a Lot has.

(b) The Owners Corporation may determine how many Security Keys per Lot will be coded to give access to the Development carpark. This will be determined by reference to how many carspaces each Lot has.

(c) The Owners Corporation may charge Owners and Occupiers a fee or bond if they require a replacement Security Key.

22.3 Ownership

Security Keys belong to the Owners Corporation.

22.4 Managing the Security Key system

The Owners Corporation has the power to:

(a) re-code Security Keys;

JUMGBJK4YQ 15

(b) require an Owner or Occupier to promptly return their Security Keys to the Owners Corporation to be re-coded; and

(c) make agreements with another person to exercise its functions under this by-law and, in particular, to manage the Security Key system. The agreement may have provisions requiring Owners to pay the other person an administration fee for the provision of Security Keys.

22.5 Obligations


(a) comply with the reasonable instructions of the Owners Corporation about Security Keys and, in particular, instructions about re-coding and returning Security Keys;

(b) take all reasonable steps not to lose Security Keys;

(c) return Security Keys to the Owners Corporation if they are not needed or if they are no longer an Owner or Occupier; and

(d) notify the Owners Corporation immediately if they lose a Security Key.

22.6 Prohibitions

An Owner Occupier must not:

(a) copy a Security Key; or

(b) give a Security Key to someone who is not an Owner or Occupier.

23. Consents

23.1 Who may give consent?

Unless a by-law states otherwise, consents under these by-laws may be given by:

(a) the Owners Corporation at a general meeting; or

(b) the Executive Committee at a meeting of the Executive Committee.

23.2 Conditions

The Owners Corporation or the Executive Committee may make conditions if they give a consent to do things under these by-laws.

23.3 Revocation

The Owners Corporation or the Executive Committee may revoke their consent if an Owner or Occupier does not comply with:

(a) conditions made by them when they gave the consent; or

(b) the by-law under which the consent was given.

JUMGBJK4YQ 16

24. Failure to comply with by-laws

24.1 Owners Corporation step in rights

The Owners Corporation may do anything on a Lot that the Owner or Occupier should have done under the Management Act or these by-laws but which they have not done or, in the opinion of the Owners Corporation, have not done properly.

24.2 Procedures

The Owners Corporation must give the Owner or Occupier a written notice specifying when it will enter the Lot to do the work and the Owner or Occupier must:

(a) give the Owners Corporation (or persons authorised by it) access to the Lot in accordance with the notice and at the Owner’s or Occupier’s cost; and

(b) pay the Owners Corporation for its costs for doing the work.

25. Service of documents

25.1 Service by e-mail

A document may be served on the Owner or Occupier of a Lot by electronic means if the person has given the Owners Corporation an e-mail address for the service of notices and the document is sent to the e-mail address.

JUMGBJK4YQ 1

Signing Page

[ insert execution clauses ]

JUMGBJK4YQ 1

Schedule 1 Architectural Landscape Standards

1. Overview

(a) Definitions

(i) In these Architectural and Landscape Standards:

Building means the building which comprises the Development.

Original Building Configuration means the external appearance of the Building and the landscaping of the Development at the time of registration of strata plan [#] assuming that all building and landscaping works then being undertaken by the Developer had been completed.

Related Body Corporate has the meaning it has in the Corporations Act 2001 (Cth).

(ii) Words used in these Architectural and Landscape Standards which are defined in clause 1.1 of the by-laws have the same meaning as in clause 1.1.

(b) Purpose of these Architectural And Landscape Standards

The purpose of these Architectural and Landscape Standards is to control the external appearance of the Development by governing works to be undertaken to the Building and the landscaped parts of the Development to:

(i) preserve the design integrity and architectural quality of the Development;

(ii) maintain the high aesthetic standards that make the Development an attractive and desirable place to reside; and

(iii) uphold property values for Owners.

(c) What do these Architectural and Landscape Standards regulate?

These Architectural and Landscape Standards regulate all works to be undertaken to the Building and landscaping where the works impact on the external appearance of the Building.

(d) Who must comply with the Architectural and Landscape Standards?

The Owners Corporation, Owners and Occupiers must comply with these Architectural and Landscape Standards before doing any works to the Building, any landscaping, or any other work regulated by the by- laws. The Owners Corporation must not give consent to any Building Works unless those proposed works comply with these Architectural and Landscape Standards.

2. Obligations Owners, Occupiers and the Owners Corporation

(a) Owners and Occupiers

(i) Subject to clause 2(a)(iii) Owners and Occupiers must not carry out any works to any external area or facade or structure within a Lot which alters the Original Building Configuration.

JUMGBJK4YQ 2

(ii) For the avoidance of doubt the obligations of Owners and Occupiers under clause 2(a)(i) extend to any changes to or the erection of:

(A) the colour of any surface;

(B) the type or quality of the materials used (unless such materials are of a higher quality);

(C) the reflective nature of any surface;

(D) the soundproofing qualities of any materials or surface;

(E) any sunscreen or sun shading device (including the erection of any awning, pergola, pagoda or the like);

(F) the nature of any hard surface, paving or walkway;

(G) the nature of any soft surface or grassed area;

(H) the landscaping of any outside areas;

(I) the external lighting; or

(J) satellite dishes, aerials or other communication devices.

(iii) Owners and Occupiers may carry out any works to any external area or facade or structure within a Lot which alters the Original Building Configuration where:

(A) they have obtained the prior written consent of the Owners Corporation; and

(B) the Owners Corporation is satisfied acting reasonably the alteration is minor and does not materially alter the Original Building Configuration.

(b) The Owners Corporation

(i) The Owners Corporation must not carry out any works to any external area or facade or structure of the Building which alters the Original Building Configuration unless the Owners Corporation is satisfied acting reasonably the alteration is minor and does not materially alter the Original Building Configuration.

(ii) The Owners Corporation must in a proper and workmanlike manner regularly maintain the landscaped areas of the Common Property to the same standard as the Original Building Configuration.

(iii) The Owners Corporation must manage the enforcement of the by-laws which relate to the external appearance of the Building to prevent any change from the Original Building Configuration arising from a breach of the by-laws including (but not limited to) managing the enforcement of the by-laws that relate to:

(A) the approved colour and standard of any window covers including the solar treatment or tinting of any glass surface;

(B) the approved outdoor furniture or storage of items on any balcony;

JUMGBJK4YQ 3

(C) the prohibition against Owners and Occupiers hanging laundry (or other items) in any area of their Lot so that it is visible from outside the Lot;

(D) the fixing of items to the facade of the Building including the balcony and the use of balconies generally (including the use of barbeques);

(E) the enclosing of any balcony;

(F) the attaching or erecting of any aerial or satellite dish;

(G) the changing of any external lighting on a Lot; and

(H) the installation of alarms and other security devices.

JUMY3KVKRP 40

ANNEXURE E Strata Development Contract

JUMY3KVKRP 41

ANNEXURE F Requisitions

JUAL6CZDMB

Form 800

Strata Title

From The purchasers’ solicitor

To Colin Biggers & Paisley, the vendors’ solicitor

2005 Edition

Date The contract date

Requisitions on title

Property: Part 1-39 Lord Sheffield Circuit, Penrith

In these Requisitions:

(a) The terms “Vendor” and “Purchaser” should be read as expressing the appropriatenumber and gender including neuter gender.

(b) “the Act” means the Strata Schemes Management Act 1996.

(c) “amending Act” means the Strata Schemes Management Amendment Act 2004.

(d) “common property” and “Lot” have the meanings ascribed to them by section 5(1) of theStrata Titles (Freehold Developments) Act 1973.

(e) “parcel” means land, improvements and fixtures.

(f) “land” means the land only.

(g) “improvements” means improvements and fixtures.

(h) “clause” and “clauses” means a clause or clauses in the 2005 Edition of the Contract forSale of Land.

1. The Vendor must comply on completion with clauses 15, 16.1, 16.3, 16.5, 16.12 and 17.1.

2. The Vendor must comply before completion with any work order in accordance withclauses 11.1 and 14.8.

3. The Vendor must comply with clauses 23.11, 23.13 and 23.18.1.

4. Is there any pending litigation against the Vendor and/or in respect of the land or commonproperty or lot? If so, please give full details.

5. Has the Vendor been served with any notice, order or claim arising from any of thefollowing statutes:

(a) Family Provision Act 1982 (NSW Statute)?

(b) Property (Relationships) Act 1984 (NSW Statute)?

(c) Family Law Act 1975 (Commonwealth Statute)?

If so, please advise full details.

6. If the Vendor has any liability in respect of fixtures and/or inclusions within the lot underany credit contract, hire-purchase agreement, bill of sale, leasing agreement, lien, charge

JUAL6CZDMB 2

or otherwise encumbered, the Vendor must satisfy any such liability on or before completion.

7. If the Vendor is a company, are any of its officers aware of:

(a) a resolution having been passed to wind up the company?

(b) a summons having been filed to wind up the company?

(c) the appointment of a receiver over the company’s assets and property?

(d) an application having been made to the Australian Securities and Investments Commission under section 573 of the Corporations Act 2001 to cancel the registration of the company?

(e) any statutory demand having been served on the company pursuant to section 459E(2) of the Corporations Act 2001?

(f) The appointment of a voluntary administrator under Part 5.3A of the Corporations Act 2001?

8. If the sale of the property is subject to an existing tenancy:

(a) (If not already supplied) The Vendor should provide the Purchaser with a copy of the lease and advise the current rent and outgoings and the date to which they have been paid.

(b) Has there been any breach of the lease in which case such breach must be remedied before completion.

(c) Rent and outgoings should be apportioned in accordance with clauses 14.1 and 14.2.

(d) The lease (stamped) and, if necessary, registered should be handed over the Purchaser on completion.

(e) (If applicable) the Vendor must obtain the consent in writing of the mortgagee to the transfer of the lease to the Purchaser on and from completion.

(f) The Vendor must comply with clauses 24.3.2, 24.4.1, 24.4.3 and 24.4.4 on or before completion.

9. If the lot is sold “off-the-plan”:

(a) the Vendor must provide the Purchaser before completion:

(i) an Occupation Certificate (or a copy) issued as required by section 109M(1) of the Environmental Planning and Assessment Act 1979.

(ii) a Certificate of Insurance (or a copy) as required by section 92 of the Home Building Act 1989 at least 14 business days before completion.

(iii) a Building Certificate (or a copy) in accordance with section 149D of the Environmental Planning and Assessment Act 1979.

(iv) evidence that a final Fire Safety Certificate has been issued for the building.

(b) Has the Vendor complied fully with the local Council’s Conditions of Development Consent in respect of the Strata Scheme Subdivision which created the Lot? If not, the Vendor should do so before completion or else provide the Purchaser with

JUAL6CZDMB 3

a undertaking signed by the Vendor (or in the case of a company, signed by the directors of that company under its common seal) to fully comply with such conditions within such period as the local Council specified.

(c) Has the Builder complied with the sound insulation provisions contained in the Building Code of Australia which came into effect on 1 May 2004?

(d) Has the owners corporation complied with its obligations relating to its sinking fund which were imposed on it by the amending Act?

(e) The Vendor must comply with clause 28 before completion.

10. If the Vendor is an executor and/or trustee:

(a) The Vendor should be present at settlement to receive the amount payable to him to give a trustee’s receipt.

(b) Alternatively, do you require payment of the amount payable to the Vendor to be made into an Estate bank account?

(c) Alternatively, do you rely on section 53 of the Trustee Act 1925? If so, please produce your written authority before settlement.

(d) If applicable, section 66B of the Conveyancing Act 1919 should be complied with.

11. If the Transfer will be signed under Power of Attorney:

(a) please produce before completion a copy of the registered Power of Attorney, and

(b) please provide written evidence of its non-revocation.

12. Is the parcel situated within an aircraft flight path? If so, on what basis and what curfew applies?

13. Rates, taxes and levies must be adjusted in accordance with clauses 14, 23.3 – 23.7 inclusive and the Vendor must comply with clause 16.6.

14. Is the lot or the building which contains the lot affected by the Rural Fires Act 1997? If so, is the land on which the building is erected a bushfire hazard or bushfire-prone land? If so, please give full details.

15. Is the land on which the building is erected affected by the Contaminated Land Management Act 1997? If so, have any notices or orders been served on the owners corporation and have they been complied with?

16. Are there any outstanding notices issued under:

(a) section 121H of the Environmental Planning and Assessment Act 1979, and/or

(b) section 735 of the Local Government Act 1993

in relation to the lot? If so, the Vendor should fully comply with any such notices before completion. If such notices were served on the owners corporation, have they been complied with or when does the owners corporation intend to so comply?

17. Is the Vendor aware of any notice or order having been served on the owners corporation by the local council under section 124 of the Local Government Act 1993, including a notice or order relating to fire safety? If so, does the Vendor know whether such notice or order has been fully complied with.

JUAL6CZDMB 4

18. (a) Has the owners corporation complied with the provisions of the Environmental Planning and Assessment Act 1979 and its 2000 Regulation relating to fire safety measures in the building? Is the assessment and certification of such essential fire safety measures carried out every 12 months as the Regulation requires, to the Vendor’s knowledge?

(b) Does the owners corporation submit to the local council an annual fire safety statement and forward a copy to the NSW Fire Brigade, to the Vendor’s knowledge? Can the Vendor provide documentary evidence of such compliance?

(c) Have any fire safety measures been installed in the lot, for example, smoke detectors?

19. Has the owners corporation complied with its obligations under the Occupational Health and Safety Act 2000 and Regulations, to the Vendor’s knowledge?

20. Are there any noise problems arising form occupation of the units comprised in the building? Have the proprietors complied with by-laws 1 and 14 of Schedule 1 to the Act? Is there any outstanding notice which relates to noise problems in the lot or in any adjoining lots?

21. Has the Vendor received any notice from the owners corporation under section 45 of the Act? If so, please advise details of such notice which should be complied with before completion.

22. Has the owners corporation or the owner of any lot taken any action in relation to the common property under section 65A of the amending Act? If so, please advise details.

23. Has the owners corporation granted any licence under section 65B of the amending Act? If so, please give details.

24. Does the Vendor know whether there is any outstanding notice which was issued to the owners corporation under section 65C of the amending Act? If so, please advise details.

25. Have any orders been made by an Adjudicator under Division 11 of Chapter 5 of the Act, to the Vendor’s knowledge? If so, please provide a copy of any such orders.

26. If a swimming pool is included in the parcel:

(a) Was its construction approved by the local council? Please furnish a copy of such approval.

(b) Have the requirements of the Swimming Pools Act 1992 and its Regulations (in particular as to access and fencing) been complied with?

27. Has the Vendor or any predecessor in title been bankrupt or are there any pending bankruptcy proceedings against the Vendor?

28. Is the Vendor aware of any building works having been done on the parcel to which the Building Services Corporation Act 1989 and/or the Home Building Act 1989 applies? If so, please provide evidence that such legislation has been complied with.

29. Is the Vendor under a legal obligation to contribute to works already carried out or to be carried out in relation to the lot and/or parcel?

(a) In the case of the lot, the Vendor should discharge such liability before completion or make an appropriate cash allowance on completion.

(b) In the case of the parcel, the Vendor must comply with clauses 23.5, 23.6 and 23.7.

JUAL6CZDMB 5

30. Does the Vendor know whether the provisions of the Local Government Act 1919 or the Local Government Act 1993, as the case may be, its ordinances and regulations relating to strata scheme subdivisions, buildings, alterations and additional have been complied with in relation to the parcel and lot?

31. In relation to the by-laws of the owners corporation:

(a) Has the owners corporation resolved to make any changes to the statutory by-laws? If so, please advise details or provide a copy of any such changes.

(b) Has the Vendor as at the date of the contract complied with all by-laws applicable to the strata scheme? If not, the Vendor should do so before completion.

32. Is the “initial period” as defined in Part 1 of the Dictionary to the Act still in existence or has it expired? Has the owners corporation made a by-law under section 56 of the Act? If so, please provide a copy.

33. Is the Vendor aware of any breach of section 117 of the Act? If so, please give details and advise whether the owners corporation has resolved or is proposing to take any action in respect of such breach.

34. Is the Vendor aware of any outstanding notice issued by the local council or any statutory authority to the owners corporation which it has not complied with? If so, please advise details or provide a copy of any such notice.

35. What levies have been determined under section 76 and 78 of the Act? Please advise the date to which such levies have been paid.

36. (If not already provided to the Purchaser). Please provide a copy of the minutes of the last:

(a) Annual General Meeting of the owners corporation.

(b) (if applicable) Extraordinary General Meeting of the owners corporation.

(c) Meeting of the Executive Committee.

37. The Purchaser reserves his contractual rights given by clause 23.9 to rescind the contract, if any condition referred to in this clause arises before completion.

38. The Vendor must provide at settlement a direction in accordance with clause 20.5.

Special additional requisition - Forfeiture

39. Is the land or any part of it:

(a) liable to forfeiture or the subject of a forfeiture order under the provisions of either the Drugs Misuse Act 1986 or the Crimes (Confiscation of Profits) Act 1989?

(b) subject to or likely to become subject to any application for any restraining order under either of those Acts?

(c) in any other way affected by the provisions of either of those Acts?

If the answer to any of these is "yes" please provide full details and of the steps being taken to provide clear title at completion.

JUMY3KVKRP 42

ANNEXURE G TFN and FIRB form

JUMU707321

TAX FILE NUMBER & FIRB NOTIFICATION FORM Apartment: Lot: Purchaser:

PURCHASER 1 PURCHASER 2

Name

Date of Birth

Tax File Number

Nationality of purchaser (if not Australian citizen)

Overseas address (if not Australian resident)

Residential status Tick applicable residential status below

1. Australian citizen

2. Australian citizen with a foreign spouse purchasing as joint tenants

3. An Australian permanent resident who has been a resident in Australia for 200 days of the last year

4. An Australian permanent resident who has not been residing in Australia for 200 days of the last year

5. An Australian temporary resident

6. A foreign national who has no residency status in Australia (including persons who are in Australia on visitor's visas)

7. A corporation or trust where no single foreign person (together with their associates) has 15% or more ownership of the corporation/trust

(if selected, provide details below)

8. A corporation or trust where a single foreign person (together with their associates) has 15% or more ownership of the corporation/trust


9. A corporation or trust where multiple foreign interests hold more than 40% ownership of the corporation/trust


If 7, 8, or 9 are applicable, the names of all directors, major/ultimate shareholders must be supplied below:

_________________________________________________________

_________________________________________________________

Is the property being purchased by a trustee of a trust?

Yes No

If yes, specify names and nationality of beneficial owners:

_________________________________________________________

_________________________________________________________

JUMY3KVKRP 43

ANNEXURE H FIRB letter

___

Our reference:

Contact officer: Phone:

FI7022264569831 Jimmy Shen 49619

3 June 2016

Approval of an exemption certificate to sell new dwellings � Your application has been approved � You must provide us a report every 6 months on dwellings acquired by foreign persons

Dear Rebecca Edwards

Your application FI7022264569831 dated 4 May 2016 concerning the proposal for Evolve Journey Limited and Constant 24 Pty Ltd (the Developer) to sell new dwellings to be constructed at 1-39 Lord Sheffield Circuit, Penrith, New South Wales 2750 (the Development) to foreign persons has been approved subject to the conditions specified below.

This letter constitutes an Exemption Certificate issued under the provisions of the Foreign Acquisitions and Takeovers Act 1975.

Certificate This certificate provides an exemption for foreign persons (and their associates) from the requirement that they individually notify the Treasurer and obtain foreign investment approval for any purchase of new dwellings in the Development. This Certificate is subject to the following conditions: � the Development consists of 50 or more dwellings

� the Development has approval from the relevant government authority

� the Development is marketed in Australia

� the Developer provides a copy of this Certificate to each foreign person who is purchasing new dwellings up to a value of $3 million in the Development

� the Developer provides a report to the Treasurer every 6 months specifying the number of dwellings acquired by foreign persons who have been given this certificate. The first report is due 5 December 2016, must be provided within 30 days of this date and must include the information identifying the foreign purchaser, details of their acquisition and the value of total purchases by that foreign person within the Development

Important information

If you have any questions, phone 13 28 69, between 8.00am and 6.00pm, Monday to Friday and ask for Jimmy Shen on extension 49619 For more information visit www.firb.gov.au

of 2

� the Developer must ensure that the fees applicable for those new dwellings, acquired by foreign persons covered by the certificate, are paid within 30 days of the end of the 6 month period in line with the reporting requirement in the condition above

Failure by the Developer to comply with the conditions of this exemption certificate may constitute an offence of the Act which provides for substantial penalties including monetary fines, imprisonment or both. It is an offence to fail to keep appropriate records relating to acquisitions and compliance with conditions. How to report every 6 months You can contact [email protected] to find out how to provide the 6 monthly report via a secure channel. How to pay fees for individual sales

You will be charged a fee for each acquisition by a foreign person as per this schedule: Fee for each dwelling in the Development acquired by foreign persons. Note: Foreign persons are required to apply separately if they wish to acquire new dwellings in the Development with a total value of more than $3 million.

� Per dwelling acquired for $1 million or less — $5,000 � Per dwelling acquired for over $1 million and less than

$2 million — $10,000 � Per dwelling acquired for between $2 million and less than $3

million — $20,000

When you applied for this exemption certificate you were issued a payment reference number 570222645698313123 to pay your exemption certificate application fee of $25,000. You can give this payment reference number to foreign persons wishing to purchase dwellings within the Development. This may assist you in the fee collection process for sales to foreign buyers. Further information on how to pay these fees can be found at www.ato.gov.au/business/payments-to-ato/how-to-pay/ You can find out more on the Foreign Investment Review Board website at www.firb.gov.au

If you have any questions, and are calling from: � Australia - phone 13 28 69 between 8:00am and 6:00pm, Monday to Friday and ask to be

connected to Jimmy Shen on 49619. � Overseas - phone us on +61 2 6216 1111 between 8:00am and 5:00pm, Australian Eastern

Standard Time (AEST), Monday to Friday, and ask to be connected to Jimmy Shen on 49619.

Yours sincerely

Mark Konza Deputy Commissioner of Taxation

JUMY3KVKRP 44

ANNEXURE I Prescribed documents

InfoTrackAn Approved LPI NSW

Information BrokerTitle Search

Information Provided ThroughSpectrum Client Solutions

Ph. 9223 6998 Fax. 9223 7114

LAND AND PROPERTY INFORMATION NEW SOUTH WALES - TITLE SEARCH ------------------------------------------------------------

FOLIO: 3105/1184499 ------

SEARCH DATE TIME EDITION NO DATE ----------- ---- ---------- ---- 12/8/2016 2:57 PM 3 2/8/2016

LAND ---- LOT 3105 IN DEPOSITED PLAN 1184499 AT PENRITH LOCAL GOVERNMENT AREA PENRITH PARISH OF CASTLEREAGH COUNTY OF CUMBERLAND TITLE DIAGRAM DP1184499

FIRST SCHEDULE -------------- EVOLVE JOURNEY LIMITED (T AK643563)

SECOND SCHEDULE (3 NOTIFICATIONS) --------------- 1 J38042 RIGHT(S) MORE FULLY SET OUT IN J38042 APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE LAND COMPRISED IN DP104189 2 P850417 EASEMENT TO DRAIN WATER APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE PART(S) SHOWN AS PROPOSED EASEMENT FOR STORMWATER 10 METRE(S) WIDE & VARIABLE WITHIN LOT 8 IN DP583998 3 DP1184499 RESTRICTION(S) ON THE USE OF LAND

NOTATIONS --------- UNREGISTERED DEALINGS: NIL

*** END OF SEARCH ***

1591608 PRINTED ON 12/8/2016

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing undernotations has not been formally recorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the informationcontained in this document has been provided electronically by the Registrar General in accordance with Section 96B(2) of the Real PropertyAct 1900.

JUMY3KVKRP 45

ANNEXURE J Schedule of Finishes

1 B E D R O O M 2 B EDR O OM K I T C H E N

• • Omega electric oven

• • Omega gas cooktop

• • Omega dishwasher

• • Omega microwave

• • Slide out rangehood

• • Reconstituted stone benchtops

• • Polished porcelain floor tiles

• Stainless steel recessed sink

• Stainless steel recessed sink

(1 & 1/2 bowl)

• • Chrome hob mixer tapware

• • Soft close drawers & cupboards

1 B E D R O O M 2 B EDR O OM B AT H R O O M

• •Full height semi-polished wall tiles in

shower recess with full height matte

finish wall tiles to rest

• • Mirrored wall cabinets

• • Benchtop basin

• • Chrome basin mixer

• • Semi-frameless shower screens

• • Chrome bathroom accessories

• • Wall-mounted towel rail

1 B E D R O O M 2 BEDR OOM A PA R T M E N T I N C L U S I O N S

• • Wool blend carpet

• • Reverse cycle air-conditioning

in living area

1 B E D R O O M 2 B EDR O OM A PA R T M E N T I N C L U S I O N S

• MATV and Pay TV points

in living room and bedroom

• MATV and Pay TV points

in living room and master bedroom

• Data / telephone points

in living room, study and bedroom

• Data / telephone points in living room,

study and master bedroom

• • Block-out roller blinds

in living room and bedroom

• • Secure parking

• • Audio/visual intercom

• • Omega clothes dryer

• • Stainless steel laundry tub and tap

• • LED lighting throughout

• • Gas outlet to living room

• • High speed internet & fibre to the home

C O M M U N A L F E AT U R E S

Security access control to building entry points, lifts and car park

Lift access from car park and street levels

Private landscaped podium level courtyard with alfresco BBQ area.

Proposed street level premises with both commercial and café facilities

(subject to council approval).

CALL 1300 546 588 HARTSLANDING.COM.AULORD SHEFFIELD CIRCUIT, PENRITH

LINK DISPLAY SUITE22 GADIGAL AVENUE, ZETLAND

Disclaimer: The information, images and diagrams contained in this Schedule of Finishes (called in this disclaimer “Information”) do not in any way constitute part of a contract or an offer capable of acceptance. The Information is subject to change without notice. The vendor, LINK, Constant 24 Pty Ltd, Evolve Journey Limited and Evolve Sheffield Limited and any of their related corporations and associates (including, but not limited to, their officers, employees and agents) make no representations, warranties, promises or otherwise as to the accuracy, reliability, currency or completeness of the Information or that the images depicted in this document are fully, completely or entirely representative of Harts Landing whether in whole or in part, once completed. Prospective purchasers should satisfy themselves as to the accuracy, reliability, currency or completeness of the Information by inspection or otherwise, and where necessary seek independent advice. (As at June 2016).

SCH E DU LE OF FI N I S H E S

PROUDLY DEVELOPED BY SALES BY

JUMY3KVKRP 46

ANNEXURE K

Floor Plan