Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 1
Section 229

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.

© 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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