sec.229ADisputes about particular debts

sec.229A Disputes about particular debts

A claim to recover a debt the subject of a debt dispute that is a claim under the Queensland Civil and Administrative Tribunal Act 2009 , schedule 3 , definition minor civil dispute , paragraph 1(a) is, under paragraph 2 of that definition, a minor civil dispute. Subsection (1) does not affect a body corporate’s right to start proceedings in a court of competent jurisdiction to recover a debt the subject of a debt dispute. To remove any doubt, it is declared that an adjudicator does not have jurisdiction in a debt dispute. A dispute resolution process does not apply to a debt dispute or a related dispute to a debt dispute once a proceeding to recover the debt the subject of the debt dispute is started before QCAT or in a court of competent jurisdiction. If— a dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and a proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction; the dispute resolution process is at an end. A dispute is a related dispute to a debt dispute if— the subject matter of the dispute is related to the subject matter of the debt dispute; and there are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and the commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process. In this section— debt dispute means a dispute between a body corporate for a community titles scheme and the owner of a lot included in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act. s 229A ins 2010 No. 26 s 10 (sec.229A-ssec.1) A claim to recover a debt the subject of a debt dispute that is a claim under the Queensland Civil and Administrative Tribunal Act 2009 , schedule 3 , definition minor civil dispute , paragraph 1(a) is, under paragraph 2 of that definition, a minor civil dispute. (sec.229A-ssec.2) Subsection (1) does not affect a body corporate’s right to start proceedings in a court of competent jurisdiction to recover a debt the subject of a debt dispute. (sec.229A-ssec.3) To remove any doubt, it is declared that an adjudicator does not have jurisdiction in a debt dispute. (sec.229A-ssec.4) A dispute resolution process does not apply to a debt dispute or a related dispute to a debt dispute once a proceeding to recover the debt the subject of the debt dispute is started before QCAT or in a court of competent jurisdiction. (sec.229A-ssec.5) If— a dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and a proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction; the dispute resolution process is at an end. (sec.229A-ssec.6) A dispute is a related dispute to a debt dispute if— the subject matter of the dispute is related to the subject matter of the debt dispute; and there are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and the commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process. (sec.229A-ssec.7) In this section— debt dispute means a dispute between a body corporate for a community titles scheme and the owner of a lot included in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act.