Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 229A

229A Disputes about particular debts

(1) A claim to recover a debt the subject of a debt dispute that is a claim under the Queensland Civil and Administrative Tribunal Act 2009 , schedule 3 , definition minor civil dispute , paragraph 1(a) is, under paragraph 2 of that definition, a minor civil dispute.

(2) Subsection (1) does not affect a body corporate’s right to start proceedings in a court of competent jurisdiction to recover a debt the subject of a debt dispute.

(3) To remove any doubt, it is declared that an adjudicator does not have jurisdiction in a debt dispute.

(4) A dispute resolution process does not apply to a debt dispute or a related dispute to a debt dispute once a proceeding to recover the debt the subject of the debt dispute is started before QCAT or in a court of competent jurisdiction.

(5) If—

(a) a dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and

(b) a proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction;

the dispute resolution process is at an end.

(6) A dispute is a
"related dispute" to a debt dispute if—

(a) the subject matter of the dispute is related to the subject matter of the debt dispute; and

(b) there are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and

(c) the commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process.

(7) In this section—

"debt dispute" means a dispute between a body corporate for a community titles scheme and the owner of a lot included in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act.