Frequently Asked Questions (FAQ)
Q1 Does the Office of the Commissioner for Body Corporate and Community Management have a website?
Yes - http://www.justice.qld.gov.au/3260.htm
Q2 Does the Office of the Commissioner for Body Corporate and Community Management have an information service?
Yes - 1800 060 119
Q3 How do I obtain the relevant form to lodge an application with the Tribunal?
Forms are available on the website at the following link - http://www.tribunals.qld.gov.au/BCCM/bccmForms.shtm
Q4 What is the fee to file an application?
The current filing fees for applications lodged at the Tribunal can be viewed at the following link - http://www.tribunals.qld.gov.au/Registry/rFees.shtm. For details on the Tribunal's refund policy, please click here (36kb, PDF).
Q5 What should I do, as an individual unit owner, if the body corporate or body corporate manager sends to me a copy of an application filed by another unit owner in the Tribunal, seeking to adjust lot entitlement?
As an individual unit owner, you do not have to do anything, as you are not the respondent to the application and you are not entitled to make submissions in relation to the application. The body corporate is the respondent and it is responsible for filing a defence.
Q6 Can I claim costs when I act for myself?
No. When you act for yourself you cannot claim the cost of doing so. Out of pocket expenses can be claimed, but they may not be allowed.
Q7 Can the staff in the registry of the Tribunal provide legal advice to me?
Registry staff are not legally qualified and cannot provide legal advice to a party. You must obtain your own independent legal advice.
Q8 Can I obtain advice from a lawyer in relation to the dispute?
You can obtain legal advice at any time that you wish.
Q9 Can I be represented by a lawyer in the proceedings?
If all parties wish to be represented by a lawyer, the Tribunal can make an order to that effect by consent. If a party objects to another party having legal representation in the proceedings, the Tribunal will determine the matter after considering an application for legal representation and submissions from all parties.
Q10 Can I claim legal costs if I have a lawyer represent me?
The Tribunal decides the issue of legal costs on a case by case basis. Sections 70 and 71 of the Commercial and Consumer Tribunal Act 2003 deal with costs generally.
Q11 How do I obtain an application for legal representation?
You can apply for legal representation by completing a Form 4 - Application in a proceeding. When completed, this form must be filed in the registry and a copy posted to each party. Prior to filing the application you must seek the consent of the other parties. If consent is given the Tribunal can make an order without the need for a hearing on that issue. However, if consent is not given, the Tribunal will determine the issue.
Q12 What should I do, as an individual unit owner, if I consider that the body corporate is not able to represent my legal position?
You should discuss any concern you have with the body corporate. If you are not able to resolve your concern with the body corporate, you should seek legal advice as to your position.
Q13 Will the Tribunal arrange mediation?
The Tribunal will refer an application to mediation either at the request of the parties or on its own initiative. If you wish mediation, please send a written request to the registry, copied to the other parties.
Q14 Can I appeal an adjudicator's decision through the Tribunal?
You can appeal to the Tribunal within 6 weeks after you receive a copy of the order appealed against, only on a question of law, in a non-complex dispute. "Complex dispute" is defined in the dictionary of the Body Corporate and Community Management Act 1997. If you need information about what is "a question of law", you should consult your own legal advisor.
Q15 Can I obtain a Stay (a stop) on the adjudicator's order pending the outcome of an appeal to the Tribunal?
You can request a Stay by ticking the box for a Stay on the application form for an appeal (form 1KA). The Tribunal will prepare a letter to the Body Corporate which will be provided for you to serve with the application asking the Body Corporate if it consents to a Stay. If the Body Corporate consents, the Tribunal can make an order on the papers without a hearing. If the Body Corporate does not consent, a hearing will be required in relation to the application for a Stay.
Q16 Can witnesses appear and give evidence at appeal hearings? (See section 289 of the Body Corporate and Community Management Act 1997)
No. Appeals are only heard on a question of law. Therefore, no new evidence can be presented and no witnesses are permitted to give evidence at an appeal hearing.
Q17 If the Tribunal orders an adjustment of a lot entitlement schedule, how soon after that will the community management statement be changed?
You should discuss this with the body corporate. Section 48(10) of the Body Corporate and Community Management Act 1997 states that the body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment ordered.
Q18 Can I have a copy of an audio CD?
A request must be made in writing to obtain a CD, including the application number and date of the hearing. A fee of $25.00 applies when requesting a CD and must be paid with the written request; cheques are to be made payable to the Commercial and Consumer Tribunal or can be made by EFTPOS payment (44kb, PDF).
Q19 Can I have a copy of a transcript?
A request must be made by completing a Transcript Order form (36kb, PDF). The Tribunal registry will contact Auscript to arrange transcription of the recording of the relevant Tribunal proceedings. Auscript will then deal directly with the party and payment for the transcription will be made to Auscript.
Q20 How long after a contribution lot entitlement schedule has been adjusted by the Tribunal must the body corporate lodge a new community management statement?
Section 48(10) of the Body Corporate and Community Management Act 1997 states that if the Tribunal orders an adjustment of a lot entitlement schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment order.
Q21 When does the adjusted contribution lot entitlement schedule take effect?
Section 59 of the Body Corporate and Community Management Act 1997 provides that a Community Management Statement takes effect under the Land Title Act 1994 when it is registered.
Q22 When filing an application for a lot entitlement adjustment, why do I have to attach a "Title Search" and where can I obtain this?You need to attach the Title Search as proof of ownership of YOUR lot and you can obtain this at the Queensland Land Registry, Department of Natural Resources and Water, Level 8, 144 Edward Street, Brisbane QLD 4000, telephone 07 3227 6666, www.nrw.qld.gov.au. The fee to obtain a current Title Search is $12.80".
Q23 When issuing a cheque to the Tribunal, who do I make the cheque out to?The Commercial and Consumer Tribunal.
Q24 Where can I find information about previous lot entitlement decisions regarding applications heard in the CCT?
Decisions are listed on the Tribunal's website under: http://www.tribunals.qld.gov.au/BCCM/bccmDecisions.shtm
Last Updated 21 September 2009.
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