Australian Capital Territory Current Acts

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UNIT TITLES ACT 2001 - SECT 165

Dissolution of owners corporation—Supreme Court powers

    (1)     On an application by an owners corporation authorised by an ordinary resolution, or a person with an interest in a unit, the Supreme Court may, if it considers that it is just and equitable to do so—

        (a)     by order (a cancellation dissolution order ), vary the operation of section 164 (1) (Dissolution of owners corporation) on the corporation and its members; and

        (b)     make any orders that are necessary or convenient for giving effect to the cancellation dissolution order.

    (2)     The application may only be made before the units plan is cancelled (on registration of the cancellation authority).

    (3)     The following have a right to appear on the application:

        (a)     the owners corporation;

        (b)     a unit owner;

        (c)     someone else with an interest in a unit, or the common property, that is recorded on the corporate register;

        (d)     an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011

, section 100;

        (e)     the director-general, on behalf of the Territory.

    (4)     The applicant must serve a copy of the application on everyone else who has a right to appear, except the director-general.

Note     The applicant may serve the application on a person who has a right to appear at the person's address for correspondence shown on the corporate register. Other forms of service are also permitted, see the Unit Titles (Management) Act 2011

, s 124.

    (5)     A person who has a right to appear may be represented by a lawyer or someone else.

    (6)     The registrar of the Supreme Court must give a copy of the application to the director-general.



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