Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 133

133 Disputes arising out of review

(1) This section applies if a dispute arising out of a review carried out, or required to be carried out, under this division exists between the reviewing parties.

(2) A reviewing party may apply—

(a) under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or

(b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.

(3) The specialist adjudicator or QCAT must have regard to the review criteria in deciding the application.

(4) Subsection (5) applies if only 1 of the reviewing parties has carried out the review.

(5) A dispute is taken to exist between the reviewing parties, and to have arisen in the way mentioned in subsection (1) , if the reviewing party who carried out the review considers the reviewable terms are not currently fair and reasonable.