Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 378

378 Definitions for div 4

In this division—

"adjustment order" —

(a) means an order of a court, tribunal or specialist adjudicator, made before the commencement, providing for an adjustment of the contribution schedule for an existing scheme; but

(b) does not include an order of a court or tribunal giving effect to a decision that is not made by the court or tribunal or another court or tribunal (including a decision that is not, but is taken to have been, made by a court or tribunal).

Examples for paragraph (b)—

• an order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme

• a written agreement that—

(a) is between an owner of a lot included in an existing scheme and the body corporate; and

(b) provides for the adjustment of the contribution schedule for the scheme; and

(c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal

(a) if the adjustment order is the only adjustment order applying to the scheme—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the order was made; or

(b) otherwise—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the first adjustment order applying to the scheme was made.

(a) a decision of the committee for the body corporate for an existing scheme under section 385(4); or

(b) a decision of the body corporate for an existing scheme under section 387(2); or

(c) an order of a specialist adjudicator or QCAT under section 388.