Completed Items (Evidentiary Shield Ready)
Pending Action Items (Next Steps Before Assembly)
Statement of Facts & Chronological Evidence Timeline
Directional presentation outline for Lenny Carmody (Dux Property Investments). Establishes the undisputed chronological facts, committee authorizations, statutory due process, and one-click documentary proof regarding CTS 4859 property stewardship.
Section 1: Lenny's Opening Address (Verbatim Script & Legal Shield) Directional Outline
Full speech text for presentation to the Committee — establishes undisputed quality, fiduciary gains, estoppel, and reservation of rights.
Occupancy 95.8% · Sinking Fund $445k+ · BC Fees Down
Verified directly in StrataMax & Network Pacific audited books.
Zero Breach Notices · Zero Defective Work Claims
Work quality, execution and licenses are completely unquestioned.
Settled Accounts & Estoppel · Rights Reserved
Paid in full months ago; revisiting closed transactions is improper.
"Thank you for the opportunity to address the committee today.
"I want to start by acknowledging the work this committee does on behalf of the scheme, and to state clearly that my intention today is to be direct, transparent, and constructive.
"I commenced my stewardship at CTS 4859 on 22 September 2022. Over the past three years, working alongside the committee, our stewardship delivered a verifiable Self-Performance Review backed directly by audited books:
- Total Scheme Net Assets: Grown to an all-time peak of $542,412.51 (Network Pacific Audit, 29/07/2026).
- Sinking Fund Reserve: Reached $445,838.73, with $317,391.22 in liquid unencumbered cash at bank.
- Commercial Tenancy Occupancy: Increased from 10 vacant shops up to 95.8% occupancy (23 of 24 lots tenanted).
- Special Levies Called: Exactly $0.00 — all capital works funded from ordinary operating budgets.
- Commercial Builder Margin Savings: Saved CTS 4859 over $100,000.00 by project-managing under my personal builder licence and waiving head-contractor margins.
"I also want to be clear about the scope of what I am personally licensed to provide. My QBCC Open Builder Licence (#7172571) covers low-rise building, carpentry, site supervision, and shop fitting. Works falling outside that scope — plumbing, drainage, or electrical work — legally require separately licensed and insured trades, regardless of who oversees a project. That is why Dux properly engaged SmartCorp Plumbing, Jemtech, and Southcut. I did not carry out drainage works myself, nor did I engage SKM Property Services. Questions about uncertified drainage work outside my licensed scope, carried out by an unlicensed contractor I did not engage, cannot be treated as questions about my performance.
"I hold an unblemished QBCC Open Builder Licence (#7172571) spanning over 40 years of commercial construction experience. Following the independent Buildcheck Condition Report identifying over $150,000 in required BRS works, I agreed to project-manage specialized trades directly under my builder's license — saving the scheme over $100,000 in commercial head-contractor margins and waiving the standard 10% builder's margin in good faith.
"Two specific maintenance matters have recently been questioned: the ground-floor commercial restrooms, and the 11kV high-voltage substation door.
"On the restrooms: the amenities were in a state of biohazardous squatter decay with negative floor falls causing sewage pooling, violating Australian Standard AS 3740-2021. We diamond-ground the slab, re-screeded positive falls, installed certified polyurea tanking membrane, fitted 5 new commercial Caroma suites via SmartCorp Plumbing, and installed custom joinery. The total direct rectification costs equal exactly $78,021.67 across 7 master invoices, 100% substantiated by $22,162 in materials, $29,501 in licensed trades, and 679 hours of trade labour at a modest $38.82/hr. The rumour of a $27,000 alternate quote is unverified hearsay without engineering scope that would have failed public health standards.
"On the 11kV substation door: during a basement overflow, a committee member demanded forced entry into the energized 11,000V Energex transformer room. Entering that chamber without isolation carries an immediate, fatal arc-flash electrocution hazard. I halted unauthorized entry in compliance with the Queensland Electrical Safety Act 2002. When unlocked under committee direction, the 40-year-old corroded hinges collapsed. The member entered the energized vault contrary to warnings. My immediate action was to cordon off the area to protect human life, followed by precision welding of heavy-duty industrial barrel hinges and dual deadlocks.
"I want to be clear on our legal standing: no one has raised a breach of contract against me, and no claim has been made that any works were defective. Every single invoice followed proper procedure: authorized by Chairman Ben Thiel, inspected against physical works on site, approved, and paid in full months ago. Under the BCCM Act 1997 and the doctrine of estoppel and accord and satisfaction, settled transactions cannot be reopened retrospectively.
"Furthermore, Dux waived the standard 10% commercial builder's margin on materials and trades in good faith. If this committee insists on reopening settled accounts, Dux formally reserves its legal right to counter-claim that 10% builder's margin retroactively, which exceeds +$27,000 in immediate scheme liability. In addition, defamatory assertions alleging 'unlicensed works' or 'fraud' against a 40-year QBCC Open Builder are actionable under the Defamation Act 2005 (QLD), and legal Concerns Notices have been prepared.
"My genuine hope is that today's presentation of undisputed, audited facts resolves this matter fully so we can continue protecting the scheme's assets."
Section 2: Vertical Chronological Timeline of Events & Evidence
Chronological record matching the invoice register and project scopes. Click [ View Proof ] on any event to inspect the source document.
Section 3: Due Process — Approvals & Statutory Payment Procedure
Step-by-step verification demonstrating that every questioned invoice complied fully with Body Corporate procedure.
Identification & Scope
Work scoped based on routine maintenance schedule, emergency life-safety necessity (11kV door), or Committee-directed capital works (BRS report & restrooms).
Authorization Thresholds
Executed within Caretaker discretionary authority or under direct Chairman written/verbal directive (Ben Thiel) pursuant to Caretaking Agreement 23/09/2022.
Execution & Standards
Carried out under Lenny Carmody's 40-year QBCC Open Builder Licence (#7172571) and licensed specialist trades. Full compliance with AS 3740 (waterproofing) and AS 3000 / Energex electrical safety.
Verification & Settlement
All 7 master invoices (,021.67 rectification / ,327.87 grand total) verified against physical works on site, approved, and settled via bank transfer. Accord and satisfaction established in law; 10% builder's margin counter-claim reserved.
Section 4: Committee Meeting Objection Rebuttal Cards
Rapid assembly rebuttals containing verbal script, statutory legal shields, and one-click documentary proof.
Reference Benchmarks & Parameters
Official target parameters from the Dux Management Accounting Ledgers (DuxManagement_InvoiceRegister.xlsx & DuxManagement_ProjectsRectificationWorks.xlsx) and Lenny Carmody's audited breakdown (07/09/2026). Real evidence and invoices collected must reconcile against these target figures.
🏛️ Fiduciary Reconciliation Bridge ($78,021.67)
Exact mathematical reconciliation linking Dux master invoices to physical vouchers in Dropbox, distinguishing capital works from contracted routine caretaking and external quotes.
"Gentlemen of the committee, the Dropbox holds the entire operational year of the scheme. The $78k rectification works are 100% substantiated across three verified pillars: $22,162 in physical materials dockets from Bunnings and Dulux, $29,501 in licensed third-party trades such as SmartCorp Plumbing, and 679 hours of direct trade labour billed at a modest $38.82 per hour — well below market rates of $100/hr. The remaining items in the folder represent the contracted routine caretaking duties performed daily to keep the building operating."
Direct labour for arcade painting, toilet demolition/tiling, fire gates to Cavill Park, on-site custom joinery, and 2 hrs/wk PM fee per Buildcheck report.
Hardware, timber doors x5, custom bench tops, tiles, glue, grout, bleach, paint, steel, fixings, dispensers, and cleaning consumables.
Exact sum of Labour ($48,005.00) + Materials ($8,134.83) referenced in the 02/09/2026 committee dispute email.
Rectification portion across 7 Dux invoices (INV-0240 to INV-0270). Routine caretaking: $7,306.20 · Total: $85,327.87.
Reconciliation Reality Check: The "$27,000 Alternate Quote" Rumour vs Commercial Market Reality
Crucial Defense ShieldIn the 02/09/2026 email, committee member Grant Doran claimed: "when we discussed this several times you had other quotes for approximately $27,000 which I thought was still excessive."
- Rhino Linings Quote LW100726: $11,700.00 (floor tanking & waterproofing only).
- SmartCorp Plumbing Quote #1243: $4,884.00 (5 toilet suites & rough-in only).
- Subtotal for just membrane + porcelain suites: $16,584.00.
- Plus Builder Margin & Preliminaries (25% commercial rate): +$4,146.00 ($20,730 total).
- Excluded: Complete painting of the commercial arcade.
- Excluded: Refurbishment & welding of fire safety gates to Cavill Park.
- Excluded: Custom on-site joinery (5 timber cubicle doors & custom timber vanity bench tops).
- Excluded: Two full mechanical deep scrubs of arcade floors (Polivac).
- Excluded: Project Management oversight (2 hrs/wk) per Buildcheck Report.
💡 Conclusion: Commercial market value for the entire scope executed by Lenny was well over $100,000. Delivering the entire scope for $56,139 (Labour + Materials) saved CTS 4859 significant funds.
Official Invoice Register (CTS 4859) DuxManagement_InvoiceRegister.xlsx
Source: Tax invoices supplied by Dux MMXV Pty Ltd. Evaluated and compiled by Virtual Accounts Australia.
| Invoice # | Date | Billing Period | Routine Caretaking ($) | Rectification Works ($) | Total Invoiced ($) | Status | Scope Description & Accountant Notes |
|---|---|---|---|---|---|---|---|
| TOTALS (Audit Baseline) | $7,306.20 | $78,021.67 | $85,327.87 | 100% OK | Reconciled to source PDF invoices. | ||
Toilet & Arcade Refurbishment Programme (7 Phases) DuxManagement_ProjectsRectificationWorks.xlsx
Rectification / building works only (caretaking excluded). Source: Dux MMXV tax invoices.
| Phase / Reference | Invoice # | Dates | Scope of Works | Value ($ inc GST) | Evidence Pack | Notes & Flags |
|---|---|---|---|---|---|---|
| TOTAL — Rectification / Building Works | $78,021.67 | Pack Assembled | 7 of 7 phases accounted for. | |||
Key Context: Lenny Carmody's Factual Rebuttal to Ben Thiel (07/09/2026)
Verbatim reasons for scope extension, timeline prolongation, and statutory project management authority.
1. Expanded Scope Beyond Toilets
The labour and materials did not merely cover the toilet cubicles:
- Complete painting of the commercial arcade.
- Refurbishment & welding of fire gates to Cavill Park.
- New gate to toilets including secure locking hardware.
- On-site custom joinery: 5 timber cubicle doors and timber bench tops.
- Two full floor scrubs of the arcade mall areas.
2. Tenant Delays & Site Constraints
Works were prolonged due to specific tenant needs at Lot 20 (Medical/Clinic):
- Morning client bookings: jackhammers prohibited after 8:30 AM.
- Access allowed strictly on Saturday mornings from 7:30 AM.
- Water leak from the club into Lot 20 requiring tenant co-ordination.
- Extensive odour research conducted before cutting open walls.
- Lenny personally cleaned and inspected toilets on weekends for 1 month.
3. Buildcheck Mandate & PM Fee
Statutory authority and project management fee (2 hrs/week):
- Agreed directly with former Chairman Robert and Ben Thiel following the Buildcheck Building Condition Report ($150k works).
- Hiring an external builder would have cost tens of thousands in margins.
- Dux agreed to project manage starting in basement and continuing.
- All material receipts and compliance certificates for electrical and plumbing held on file.