Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 106

106 Appeal against order of referee

(1) Where a referee makes an order under this part—

(a) the applicant for the order; or

(b) a person who, in connection with the application for the order, duly made written submissions to the referee; or

(c) being an order requiring a person to do or refrain from doing a specified act, that person;

may appeal to a tribunal against the order of the referee by lodging a written notice of appeal with the referee, accompanied by the prescribed fee, not later than 21 days after the order takes effect.

(2) A person may appeal under this section against an order made by a referee under section 76 (2) only on the grounds that the referee acted unreasonably by making the order.

(3) A notice of appeal lodged under subsection (1) shall specify—

(a) the name and address of the appellant; and

(b) the order appealed against; and

(c) the grounds of the appeal; and

(d) any other matter prescribed.

(4) The tribunal to which an appeal lies under this section is the tribunal to which, pursuant to subsection (5) , the referee forwards the notice of appeal.

(5) Where a notice of appeal is lodged under subsection (1) , the referee shall forward to the tribunal that, in the referee’s opinion, is nearest to the parcel to which the order appealed against relates—

(a) the notice of appeal; and

(b) the referee’s records relating to the order appealed against; and

(c) the notices referred to in subsection (6) .

(6) The notices that the referee is required by subsection (5) (c) to forward are notices that shall be addressed to each of the following addressees—

(a) the appellant;

(b) each person (other than the appellant) entitled under subsection (1) to appeal against the order;

(ba) each person (other than a person referred to in paragraph (a) or (b) ) on whom pursuant to section 95 a true copy of the order against which the appeal has been lodged has been served by the referee;

(c) the body corporate for the parcel to which the order appealed against relates, unless it is the appellant.

(6A) Each notice shall be accompanied by a copy of the notice of appeal and shall specify the tribunal which is to hear the appeal.

(7) The tribunal to which documents are forwarded under subsection (5) shall cause—

(a) the notices referred to in subsections (6) and (6A) to be completed by specifying therein—

(i) the place at which the tribunal specified in the notices is to determine the appeal; and

(ii) a time and day for the determination of the appeal to which the documents relate; and

(b) each notice to be sent by registered post to the addressee thereof so that it would, in the ordinary course of post, be received by the addressee not less than 7 days before the day specified in the notice pursuant to paragraph (a) (ii) .

(8) Where a notice of appeal is accompanied by an application for an order under this subsection—

(a) the referee, before the referee forwards to a tribunal the documents referred to in subsection (5) ; or

(b) the tribunal to which the referee has sent those documents;

may, by order, stay the operation of the order appealed against and, where the referee or it does so, forward notice of the order made under this subsection to the persons referred to in subsection (6) .