Friday, September 18, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 4
Division 1
Section 239C

Continuation of application if standing of party changes | Section 239C

(1)This section applies if a party to an application stops being a relevant person for the application before it is disposed of under this chapter.

(2)Unless someone else is substituted as the relevant person under subsection (3), the application continues subject to this chapter as if the party continued to be the relevant person for the application.

(3)If the commissioner reasonably considers it appropriate, the commissioner may, by written notice given to each party to the application, substitute another person as the relevant person for the application.

(4)It is sufficient for giving a notice to a person under subsection (3) if the notice is sent to the person’s address that is last known to the commissioner.

(5)If the commissioner substitutes another person (the substitute person) as the relevant person for the application, the commissioner must give a QCAT information notice to—

(a)the applicant for the application; and

(b)the substitute person.

(6)If a party to a conciliation application stops being a relevant person for the application after it is made, the commissioner may allow an adjudication application for the same dispute to be made as if the party were the relevant person for the adjudication application.

(7)To remove any doubt, it is declared that nothing in this section prevents—

(a)the commissioner from rejecting an application under section 241; or

(b)an adjudicator from making an order dismissing an adjudication application under section 270.

© 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.

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