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LOCAL COURT ACT 2007 - SECT 34A
Jurisdiction in company title home unit disputes
34A Jurisdiction in company title home unit disputes
(1) The Court has jurisdiction to hear and determine proceedings involving
company title home unit disputes.
(2) A
"company title home unit dispute" is a dispute between interested parties
about any of the following matters-- (a) the health, safety and security of
persons occupying or visiting the land owned by a company title corporation or
residential premises located on that land (including, for example, safety of
children on the premises and waste disposal),
(b) the common property on the
land owned by a company title corporation (including, for example, parking and
vehicle access, repair and maintenance, design and appearance),
(c) the use
of residential premises located on the land owned by a
company title corporation occupied by a shareholder of the corporation
(including, for example, external appearance of premises or the keeping of
pets),
(d) the behaviour of persons occupying or visiting the land owned by a
company title corporation or residential premises located on the land
(including, for example, noise),
(e) the refusal by a
company title corporation to allow a shareholder of the corporation to grant a
lease or licence to use or occupy premises located on the land owned by the
corporation,
(f) administrative matters relating to the running of a
company title corporation (including, for example, levies).
(3) However, a
"company title home unit dispute" does not include the following-- (a) a
dispute arising under a residential tenancy agreement to which the
Residential Tenancies Act 2010 applies,
(b) a dispute arising under a lease
to which the Landlord and Tenant (Amendment) Act 1948 applies,
(c) a dispute
about the sale, transfer or other disposition of shares in a
company title corporation or the forfeiture of such shares,
(d) a dispute
about any matter that is a superior court matter within the meaning of the
Corporations Act 2001 of the Commonwealth.
Note--: Section 1337E of the
Corporations Act 2001 of the Commonwealth confers jurisdiction on the Local
Court in relation to civil matters (other than superior court matters) under
that Act. Examples of superior court matters in relation to
company title home unit disputes include the winding up of a
company title corporation or the oppressive conduct of a
company title corporation's affairs.
(4) A
"company title corporation" is a company registered under the Corporations
Act 2001 of the Commonwealth that is the owner of land if ownership of a share
or shares in that company entitles the owner of the share or shares to the
exclusive use and occupation of residential premises on that land, but does
not include an owners corporation within the meaning of the
Strata Schemes Management Act 2015 or an association within the meaning of the
Community Land Management Act 2021 .
(5) In determining proceedings
involving a company title home unit dispute, the Court may make any of the
following orders-- (a) an order requiring a person to do, or refrain from
doing, any act,
(b) an order for the payment of damages or other money,
(c)
an order-- (i) declaring the rights and obligations arising under a
constitution of a company title corporation or any other contract or
agreement, or
(ii) declaring the meaning of any term of a constitution of a
company title corporation, or of any other contract or agreement, or
(iii)
declaring that any such term is or is not void, invalid or otherwise
unenforceable.
(6) However, the Court does not have jurisdiction to make an
order on a money or other claim in the proceedings that would exceed the
jurisdictional limit of the Court under this Part when sitting in the Division
concerned.
(7) A term of a constitution of a company title corporation, or of
any other contract or agreement, that purports to exclude, limit or modify the
jurisdiction of the Court in relation to company title home unit disputes is
void to the extent that it would otherwise have effect.
(8) The provisions of
this section are declared to be Corporations legislation displacement
provisions for the purposes of section 5G of the Corporations Act 2001 of the
Commonwealth in relation to the provisions of that Act generally. Note--:
Section 5G of the Corporations Act 2001 of the Commonwealth provides that if
a State law declares a provision of a State law to be a Corporations
legislation displacement provision, any provision of the Corporations
legislation with which the State provision would otherwise be inconsistent
does not apply to the extent necessary to avoid the inconsistency.
(9) In
this section,
"interested party" means any of the following-- (a) a
company title corporation,
(b) a shareholder or former shareholder of a
company title corporation,
(c) a resident or former resident of premises on
land owned by a company title corporation.
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