Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 1
Section 229A

Disputes about particular debts | Section 229A

(1)A claim to recover a debt the subject of a debt dispute that is a claim under the Queensland Civil and Administrative Tribunal Act 2009schedule 3, definition minor civil dispute, paragraph 1(a) is, under paragraph 2 of that definition, a minor civil dispute.

(2)Subsection (1) does not affect a body corporate’s right to start proceedings in a court of competent jurisdiction to recover a debt the subject of a debt dispute.

(3)To remove any doubt, it is declared that an adjudicator does not have jurisdiction in a debt dispute.

(4)A dispute resolution process does not apply to a debt dispute or a related dispute to a debt dispute once a proceeding to recover the debt the subject of the debt dispute is started before QCAT or in a court of competent jurisdiction.

(5)If—

(a)a dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and

(b)a proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction;

the dispute resolution process is at an end.

(6)A dispute is a related dispute to a debt dispute if—

(a)the subject matter of the dispute is related to the subject matter of the debt dispute; and

(b)there are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and

(c)the commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process.

(7)In this section—

debt dispute means a dispute between a body corporate for a community titles scheme and the owner of a lot included in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act.

© 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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