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a community body corporate or precinct body corporate under the MUD Act
a principal body corporate or primary thoroughfare body corporate under the IRD Act and SCR Act.
The Acts listed above only apply to bodies corporate that donot have a community management statement (CMS) recorded at Titles Queensland.
If your body corporate has a community titles scheme (CTS) number and a CMS registered, it falls under the Body Corporate and Community Management Act 1997 (the BCCM Act).
If you’re not sure, contact Titles Queensland to find out which Act your body corporate is registered under.
The Commissioner appointed under the Body Corporate and Community Management Act 1997 has no role in disputes under the Building Units and Group Titles Act 1980 (BUGT Act) or the other Acts listed below. Referees have sole responsibility for applications, from case management to making the order.
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Welcome to the Office of the Commissioner for Body Corporate and Community Management's guide to the dispute resolution process under the Building Units and Group Titles Act 1980. Also known as 'BUGTA.' If you have a dispute relating to a body corporate regulated under BUGTA, you might consider applying for a referee's order to resolve it.
This can be helpful when you can’t resolve a dispute yourself. Before making an application, visit our website to review the application and referee guides and to find and complete the application form. There are two types of orders that you can apply for—interim and final.
The purpose of an interim order is to maintain the current situation for up to 3 months to safeguard your rights until the application is resolved, usually by final order. You can ask for it to be extended once, for up to a further 3 months. Our office is neutral and won't provide legal advice or conduct investigations for you.
For legal advice, you will need to talk to a solicitor. You may consider doing this prior to lodging your application. Once your application has been submitted, with the fee it will undergo three steps: case management, submissions, and referee decision (the order). First, you'll receive a formal acknowledgement of application with a reference number from us. Always use this reference number when communicating about your dispute with us. A case manager will ensure your application meets all the legislative requirements.
They may contact you for clarification, or additional information. The case manager cannot complete your application for you. The onus is on you to provide information promptly, to avoid delays. Once all requirements are met, your application moves to the next step, submissions. The respondent and parties the referee believes to be affected by the application will be sent a copy of your application and attachments. And may be invited to make a non-compulsory submission, which is usually the only chance parties have to express their views for or against the application.
An extension request stating how long is needed and why may be accepted by the referee, if appropriate. If you applied for an interim order, a decision may be made without seeking comments or notifying other parties. However, the full submission process must be followed before a final order is made. Once all submissions have been supplied, the case manager will usually give you a copy. If you choose to make a reply submission, you should not include new issues.
Keep in mind that submissions cannot be kept confidential. Referees, appointed under BUGTA, are part of our office. They can make legally binding orders to resolve certain body corporate disputes. Once the submission phase is complete, the referee considers the application with attachments, submissions and the legislation, then issues a final order. The order will include detailed reasons behind how the decision was reached. Copies of the order are provided to the applicant, respondent, body corporate and anyone given notice. Following the final order, the referee has no further role in the dispute. The application cannot be reopened, or the order changed, even if further evidence is submitted.
If a party believes the referee's decision is wrong, they can appeal by lodging a request with our office and paying a fee. A request to appeal a referees order must be lodged within 21 days from when the order was made. Appeals are heard by the Magistrates Court. Some orders may also be enforced by the court if not complied with. If you have questions about the legislation, you can submit them online or contact our Information and Community Education Unit or just google BCCM referee orders. Our website has lots of information about dispute resolution, including guides and forms. Subscribe to our newsletter, BUGTA Buzz, for updates, topics and events.
Disputes that can be decided by referee order
Referees can determine disputes about claimed breaches of the following Acts:
BUGT Act
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
The other 6 Acts refer to the BUGT Act for dispute resolution processes.
Disputes a referee cannot decide
A referee can't make orders about some types of disputes, including those about:
title of land
contractual matters and some development by-laws
payments or debt disputes above $1,000.
These disputes may have to be lodged with the Land Court, Supreme or District Court, or the Queensland Civil and Administrative Tribunal (QCAT). You may need to get legal advice to confirm the process for these disputes.
How it works
After you apply for a referee’s order, the referee may seek further information from you. They will usually ask the other people involved in the dispute to make a submission too.
The referee will then offer you the right to reply before they decide whether to make an order.
Interim orders are temporary orders. They are put in place to urgently protect your interests until final orders can be made. A final order is an outcome you want that will resolve the dispute.
An interim order will not speed up a final order.
You can apply for an interim order by completing the referee application form. Both the interim and final order details are included in the same application.
Your application must include evidence that:
the order you are requesting is
genuinely urgent
temporary only, until the application is decided by final orders
there is a related final order to resolve the dispute
you have attempted to resolve the dispute for both the interim and final orders.
By requesting an interim order that does not meet the above requirements, you are accepting that:
Use email for further communications about new or current applications.
You can change or add to your application after it is submitted. However, if your amendment is not received before submissions have been sought from others, conditions may be imposed (e.g. you may have to send the amendments to everyone who has been asked to make a submission).
Incomplete applications
If your application is unclear or incomplete, or does not meet the requirements of the legislation, we will contact you for more information.
The referee may refuse your application if you don’t provide all the information we request.
Privacy
Be aware that we will make your application available to others in the dispute. Some information in your application will also be made public if the referee makes an order.
Submissions
The referee will usually ask the respondent (i.e. the other person in the dispute) and others affected by the dispute to make written submissions in response to the application.
It is an individual's choice whether they want to make a submission. However, if you choose not to make a submission, you need to be aware that this may limit your ability to appeal any order that is made. Submissions must be made within a specified timeframe. In some cases, the referee may extend the time limit.
The referee may allow the body corporate, a committee member or anyone who has made a submission to ask for a copy of the application and all submissions.
Right to reply
Once submissions are received, the referee usually gives the applicant the right to reply (i.e. the chance to respond to the submissions).
Resolving the dispute
Once the reply period has ended, the referee will decide the best way to resolve the dispute.
What the referee considers
When considering a dispute, a referee has the power to:
request information (e.g. expert reports)
interview the people involved in the dispute (and others if necessary)
obtain or inspect body corporate records
inspect lots or common property.
The referee will decide whether to make a formal order about the dispute after considering:
the application
all submissions
the reply to submissions
any further information they have asked for.
Referee’s orders
A referee can make general orders:
about the body corporate deciding not to exercise a power or perform a duty or function
requiring a party to the dispute to pay up to $1000 to another specified party
requiring a party to the dispute to do or not do a specific action.
The referee can make other specific orders. For example:
preventing the body corporate from unreasonably refusing an owner’s request for consent to improvements or repairs to common property
making or pursuing an insurance claim or varying the amount of insurance provided
varying unreasonable contributions and how they are paid
requiring the respondent to make body corporate information, records or documents available
preventing or allowing the keeping of an animal under or against the by-laws
revoking an amendment of a by-law or invalidating a by-law
overturning a resolution because voting rights were denied or no notice was given about the item of business.
A referee can dismiss an application if it is either
frivolous (i.e. unimportant or inconsequential)
vexatious (i.e. intended to cause annoyance or inconvenience)
without substance (i.e. untrue or unsupported by the legislation or by-laws).
You could have to pay up to $2,000 in costs if your application is dismissed for any of these reasons.
A referee can also dismiss an application for other reasons such as:
if they don't have the authority to decide the dispute
if the dispute should be decided by a court or tribunal.
Withdrawing an application
If you decide you don’t want to proceed with your application—because the dispute is resolved or for any other reason—you can ask to withdraw the application in writing.
Someone who does not carry out a referee’s order can be fined:
$1,290 (current from 1 July 2024)
and
up to $323 (current from 1 July 2024) 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 $3,226 (current from 1 July 2024).
Appealing against a referee’s order
You can appeal a referee’s order by writing to the referee and paying the fee.
You must start the appeal with 21 days of the date of the referee's order.
You can only appeal an order on the grounds that the referee acted unreasonably by making the order. Learn more in section 106 of the BUGT Act.
The referee must send the written notice of the appeal and their records to the Magistrates Court.
