Thursday, October 1, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 12
Division 2
Section 300

Appointment of administrator for enforceable money orders | Section 300

(1)This section applies if the enforcement debtor for an enforceable money order is the body corporate for a community titles scheme.

(2)A court in which the enforceable money order may be enforced may, on application by the enforcement creditor, by order, appoint an administrator and authorise the administrator to perform the body corporate’s obligations under the money order.

(3)If an application for subsection (2) is made in a court (the officiating court) that is not the court by which the money order was made, the officiating court may appoint an administrator if—

(a)for an officiating court that is the Supreme Court—the money order has been filed in the officiating court; or

(b)for an officiating court that is the District Court or Magistrates Court—unless the officiating court otherwise orders, the money order has been filed in the officiating court for the district—

(i)in which scheme land is located; or

(ii)closest to the court that made the money order.

(4)If a court appoints an administrator to perform obligations of the body corporate, anything done by the administrator under the authority given on the appointment for the money order is taken to have been done by the body corporate.

(5)In this section—

enforcement creditor and enforcement debtor see the Uniform Civil Procedure Rules 1999section 793.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

didn't find what you are looking for?

Try searching for It

Hello!

Drop us a message!