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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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