Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 75

75 Orders under this division

(1) A referee shall not make an order, other than an order under section 76 (2) , until after—

(a) the expiration of the time specified in the notice given under section 73 (1) (c) ; or

(b) where a further notice has been given under section 73 (1) —the expiration of the longer time specified in that notice;

for the making of written submissions with respect to the application seeking the order.

(2) An order made may include such ancillary or consequential provisions as the referee thinks fit.

(3) The referee may order a body corporate, a body corporate manager, a proprietor, a person having an estate or interest in a lot or an occupier of a lot to do, or to refrain from doing, a specified act with respect to a parcel.

(4) The referee may, by order, dismiss an application for an order.

(5) An application may be withdrawn by the applicant at any time before an order is made.

(6) An application may be amended by the applicant at any time before an order is made provided that the applicant shall satisfy the referee that the applicant has served every party to whom the referee has given written notice of the application with a copy of the amendment and advice that the party is entitled to make within a time specified in the notice further written submissions to the referee.

(6A) In such a case the referee shall not make an order until after the expiration of the time so specified which shall not be less than the time allowed by the referee for submissions in respect of the original application.

(7) The referee may not, in connection with an application for an order, make any order for the payment of costs.

(8) Subject to section 76 (5) , an order made by the referee shall not be capable of being varied or revoked by the referee but this subsection does not prevent a subsequent order being made.