Exclusivity of dispute resolution provisions | Section 229

(1)Subsections (2) and (3) apply to a dispute if it may be resolved under this chapter by a dispute resolution process.

Notes—

1For a dispute about a body corporate decision under section 47A, see section 47AA.

2For disputes about a decision of a body corporate committee under section 410, or a body corporate decision under section 411, see section 412(5).

(2)The only remedy for a complex dispute is—

(a)the resolution of the dispute by—

(i)an order of a specialist adjudicator under chapter 6; or

(ii)an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act; or

(b)an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law.

(3)Subject to section 229A, the only remedy for a dispute that is not a complex dispute is—

(a)the resolution of the dispute by a dispute resolution process; or

(b)an order of the appeal tribunal on appeal from an adjudicator on a question of law.

(4)However, subsections (2) and (3) do not apply to a dispute if—

(a)an application is made to the commissioner; and

(b)the commissioner dismisses the application under part 5.

(5)Also, subsections (2) and (3) do not limit—

(a)the powers of QCAT under the QCAT Act to—

(i)refer a question of law to the Court of Appeal; or

(ii)transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or

(b)the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act.