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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 229

Exclusivity of dispute resolution provisions

229 Exclusivity of dispute resolution provisions

(1) Subsections (2) and (3) apply to a dispute if it may be resolved under this chapter by a dispute resolution process.
Notes—
1 For a dispute about a body corporate decision under section 47A , see section 47AA .
2 For disputes about a decision of a body corporate committee under section 410 , or a body corporate decision under section 411 , see section 412 (5) .
(2) The only remedy for a complex dispute is—
(a) the resolution of the dispute by—
(i) an order of a specialist adjudicator under chapter 6 ; or
(ii) an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or
(b) an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law.
(3) Subject to section 229A , the only remedy for a dispute that is not a complex dispute is—
(a) the resolution of the dispute by a dispute resolution process; or
(b) an order of the appeal tribunal on appeal from an adjudicator on a question of law.
(4) However, subsections (2) and (3) do not apply to a dispute if—
(a) an application is made to the commissioner; and
(b) the commissioner dismisses the application under part 5 .
(5) Also, subsections (2) and (3) do not limit—
(a) the powers of QCAT under the QCAT Act to—
(i) refer a question of law to the Court of Appeal; or
(ii) transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or
(b) the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act .



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