Monday, October 26, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 8
Section 264

Specialist adjudication by agreement | Section 264

(1)The commissioner may recommend an application be the subject of specialist adjudication if—

(a)the parties to the application agree on a person who is to be the adjudicator for the application; and

(b)the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and

(c)the parties and the adjudicator agree on the amount to be paid for the adjudication; and

(d)for the amount agreed to be paid for the adjudication—the parties either—

(i)agree on how, and by whom, the amount is to be paid; or

(ii)agree the amount is to be paid in the way decided by the adjudicator; and

(e)the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c).

(2)Subsection (1)(a) does not require the agreement of a party who is a joined respondent.

(3)In this section—

joined respondent means a person who is joined as a respondent to the application under section 47B(5)(a), 48(3)(a) or 388(3)(a).

© 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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