Enforcing adjudicator and referee orders
You can enforce an adjudicator or referee order through the magistrates court.
Read about:
- adjudication for body corporate disputes under the Body Corporate and Community Management Act 1997 (BCCM Act)
- referee orders for body corporate disputes under the Building Units and Group Titles Act 1980 (BUGT Act).
Enforcing orders
Adjudicators and referees have powers under certain Acts to decide disputes about breaches.
An adjudicator decides disputes about breaches of the:
- BCCM Act
- community management statement for a community titles scheme.
A referee can decide disputes about breaches of the BUGT Act and the:
- Mixed Use Development Act 1993
- Integrated Resort Development Act 1987
- Sanctuary Cove Resort Act 1985
- Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980
- Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984
- South Bank Corporation Act 1989.
The other 6 Acts follow dispute resolution processes in the BUGT Act.
An adjudicator or referee is an independent decision maker and their decision is legally binding. Once an order is made it is expected that it will be followed.
Adjudicators' orders or referees' orders can be enforced through the magistrates court. Enforcement is not an appeal—it is not a review or re-hearing of the original application.
Neither the adjudicator or referee who made the order nor the Commissioner for Body Corporate and Community Management are involved in proceedings to enforce an order.
Contact the magistrates court for more information on the enforcement process.
Starting an enforcement proceeding
If an adjudicator or referee’s order made in your favour is not complied with, you can apply to the magistrates court to have the order enforced.
The forms and processes to enforce an order also have to comply with the Uniform Civil Procedure Rules 1999 (UCPR).
To start an enforcement proceeding you must give the magistrates court registrar:
- your sworn statement (DOC, 41KB) that shows how much money you have not been paid or the action required under the order which has not been done
and
- a copy of either
- the adjudicator’s order, certified by the Commissioner for Body Corporate and Community Management
- the referee’s order, certified by the referee.
Once you file these documents with the registrar, they will register the order in the magistrates court.
After it has been registered with the court, the order can be enforced as if it was a judgement of the court.
Once you have the court's judgement, you can start enforcement proceedings.
Enforcing an order to perform work
If you have an adjudicator’s order requiring a body corporate, committee, committee member, or an owner or occupier to do something, you can register it with the magistrates court. They may make an order appointing an administrator to do the work. See section 287 of the BCCM Act for more information.
If you want an administrator appointed, you must give the court the name of a suitable and willing administrator and complete form 9 of the UCPR.
Enforcing an order to pay money
If you have an adjudicator or referee’s order to pay money, you can apply to the court for:
- a hearing to find out the financial situation of the debtor (an enforcement hearing)
- an enforcement warrant to seize and sell property, redirect another debt or redirect earnings of the person
- an order to require the person to pay by instalments.
You may be able to apply for an enforcement hearing online if your matter can be heard in the Brisbane Magistrates Court.
See section 286 of the BCCM Act or section 115 of the BUGT Act for more information.
Fines
Anyone who does not carry out an adjudicator or referee's order (other than an order to pay money) has committed an offence.
You can ask the magistrates court to impose a fine on anyone who doesn’t carry out an order. The fine amount is based on the number of penalty units set in an Act.
Adjudicators' orders
Someone who does not carry out an adjudicator’s order can be fined 400 penalty units, which is $61,920 (current from 1 July 2023). They may also have to pay other legal and court costs. This applies to both interim and final orders.
Section 288 of the BCCM Act explains what you need to do to ask a court to impose a fine on the person who has not complied with the order.
If you want to ask the magistrates court to impose a fine, you must be:
- an applicant in the original application for the order
- a respondent in the original application for the order
- a person in whose favour the order was made
- the body corporate
- an administrator appointed to act for the body corporate or the committee.
Referee orders
Someone who does not carry out a referee’s order can be fined:
- 8 penalty units
and
- up to 2 penalty units for every day the order is contravened (but not more than the limit for commencing personal action in the magistrates court).
Anyone who contravenes an interim order can be fined 20 penalty units, which is $3,096 (current from 1 July 2023).
They may also have to pay other legal and court costs.
Section 113 of the BUGT Act explains what you need to do to ask a court to impose a fine on the person who has not complied with the order.
If you want to ask the magistrates court to impose a fine, you must be:
- the applicant in the original referee order
- the body corporate named in the referee order.
Starting a proceeding for a fine
The form and process to ask a court to impose a fine must comply with the Justices Act 1886. The court may then impose a penalty for non-compliance with the order and may also order the person to pay your costs for taking this action.
This is a separate action you can choose to take and is not related to enforcing the order (outlined above).
You must:
- complete a sworn complaint and summons
- file the complaint and summons with the magistrates court and pay the required fee
- attend a hearing before a magistrate and provide evidence to show that the person has breached the order.
You should consider getting independent legal advice before you start proceedings. You could be liable for the other person's legal costs if you do not prove why the person should be fined.
The adjudicator or referee who made the order, and the Commissioner for Body Corporate and Community Management, have no role in prosecuting someone for not complying with an order.
Fees
Magistrates court fees may apply for:
- registering an adjudicator or referee’s order
- filing a complaint and summons.
Read more about the magistrates court fees.
How to get a copy of your order
To get a certified copy of your order, write to us and give us:
- the file reference number
- your name
- contact phone number
- your postal address (to get a copy of your order).
By post
Office of the Commissioner for Body Corporate and Community Management
GPO Box 1049
BRISBANE QLD 4001