Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 239C

239C Continuation of application if standing of party changes

(1) This section applies if a party to an application stops being a relevant person for the application before it is disposed of under this chapter.

(2) Unless someone else is substituted as the relevant person under subsection (3) , the application continues subject to this chapter as if the party continued to be the relevant person for the application.

(3) If the commissioner reasonably considers it appropriate, the commissioner may, by written notice given to each party to the application, substitute another person as the relevant person for the application.

(4) It is sufficient for giving a notice to a person under subsection (3) if the notice is sent to the person’s address that is last known to the commissioner.

(5) If the commissioner substitutes another person (the
"substitute person" ) as the relevant person for the application, the commissioner must give a QCAT information notice to—

(a) the applicant for the application; and

(b) the substitute person.

(6) If a party to a conciliation application stops being a relevant person for the application after it is made, the commissioner may allow an adjudication application for the same dispute to be made as if the party were the relevant person for the adjudication application.

(7) To remove any doubt, it is declared that nothing in this section prevents—

(a) the commissioner from rejecting an application under section 241 ; or

(b) an adjudicator from making an order dismissing an adjudication application under section 270 .