Wednesday, September 30, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 9
Division 3
Section 279

Interim orders in context of adjudication | Section 279

(1)The adjudicator may make an interim order if satisfied, on reasonable grounds, that an interim order is necessary because of the nature or urgency of the circumstances to which the application relates.

Examples—

1The adjudicator may stop the body corporate from carrying out work on common property until a dispute about the irregularity of proceedings has been investigated and resolved.

2The adjudicator may stop a general meeting deciding or acting on a particular issue until it has been investigated and resolved.

(2)An interim order—

(a)has effect for a period (not longer than 1 year) stated in the order; and

(b)may be extended, varied, renewed or cancelled by the adjudicator until a final order is made; and

(c)may be cancelled by a later order made by the adjudicator; and

(d)if it does not lapse or is not cancelled earlier, lapses when—

(i)the application is withdrawn; or

(ii)the commissioner gives the person who made the application a QCAT information notice, under section 241A, for the commissioner’s decision to reject the application; or

(iii)a final order is made by an adjudicator to whom the application is referred.

(3)Despite subsection (2), if an appeal is started against an interim order, the order continues in force until 1 of the following happens—

(a)the order is stayed under the QCAT Act;

(b)if the decision on the appeal is to refer the matter of the interim order back to the adjudicator who made the order with directions—the adjudicator makes an order under the directions;

(c)the appeal is decided, but other than in the way mentioned in paragraph (a);

(d)the application is withdrawn;

(e)a final order is made by the adjudicator.

(4)As soon as the adjudicator to whom the commissioner refers an application under section 247 makes an interim order or decides not to make an interim order, the adjudicator must refer the application back to the commissioner.

© 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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