sec.229Exclusivity of dispute resolution provisions

sec.229 Exclusivity of dispute resolution provisions

Subsections (2) and (3) apply to a dispute if it may be resolved under this chapter by a dispute resolution process. For a dispute about a body corporate decision under section 47A , see section 47AA . 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) . The only remedy for a complex dispute is— the resolution of the dispute by— an order of a specialist adjudicator under chapter 6 ; or an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law. Subject to section 229A , the only remedy for a dispute that is not a complex dispute is— the resolution of the dispute by a dispute resolution process; or an order of the appeal tribunal on appeal from an adjudicator on a question of law. However, subsections (2) and (3) do not apply to a dispute if— an application is made to the commissioner; and the commissioner dismisses the application under part 5 . Also, subsections (2) and (3) do not limit— the powers of QCAT under the QCAT Act to— refer a question of law to the Court of Appeal; or transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act . s 229 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 74 sub 2007 No. 11 s 19 amd 2008 No. 69 s 4 ; 2009 No. 24 s 366 ; 2010 No. 26 s 9 ; 2013 No. 11 s 11 (sec.229-ssec.1) Subsections (2) and (3) apply to a dispute if it may be resolved under this chapter by a dispute resolution process. For a dispute about a body corporate decision under section 47A , see section 47AA . 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) . (sec.229-ssec.2) The only remedy for a complex dispute is— the resolution of the dispute by— an order of a specialist adjudicator under chapter 6 ; or an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law. (sec.229-ssec.3) Subject to section 229A , the only remedy for a dispute that is not a complex dispute is— the resolution of the dispute by a dispute resolution process; or an order of the appeal tribunal on appeal from an adjudicator on a question of law. (sec.229-ssec.4) However, subsections (2) and (3) do not apply to a dispute if— an application is made to the commissioner; and the commissioner dismisses the application under part 5 . (sec.229-ssec.5) Also, subsections (2) and (3) do not limit— the powers of QCAT under the QCAT Act to— refer a question of law to the Court of Appeal; or transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act .