QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.77Tribunal may decide building dispute
Start here
Get a plain-English read of sec.77
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sec.77 Tribunal may decide building dispute
A person involved in a building dispute may apply, as provided under the QCAT Act , to the tribunal to have the tribunal decide the dispute.
However, the person may not apply to the tribunal unless the person has complied with a process established by the commission to attempt to resolve the dispute.
Without limiting the tribunal’s powers to resolve the dispute, the tribunal may exercise 1 or more of the following powers—
order the payment of an amount found to be owing by 1 party to another;
order relief from payment of an amount claimed by 1 party from another;
award damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation;
order restitution;
declare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice;
avoid a policy of insurance under the statutory insurance scheme;
order rectification or completion of defective or incomplete tribunal work;
award costs.
s 77 prev s 77 om 2000 No. 10 s 183 sch 1
pres s 77 ins 2003 No. 30 s 169 sch 1
amd 2007 No. 47 s 54 ; 2009 No. 24 s 1684 ; 2014 No. 57 s 39
(sec.77-ssec.1) A person involved in a building dispute may apply, as provided under the QCAT Act , to the tribunal to have the tribunal decide the dispute.
(sec.77-ssec.2) However, the person may not apply to the tribunal unless the person has complied with a process established by the commission to attempt to resolve the dispute.
(sec.77-ssec.3) Without limiting the tribunal’s powers to resolve the dispute, the tribunal may exercise 1 or more of the following powers— order the payment of an amount found to be owing by 1 party to another; order relief from payment of an amount claimed by 1 party from another; award damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation; order restitution; declare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice; avoid a policy of insurance under the statutory insurance scheme; order rectification or completion of defective or incomplete tribunal work; award costs.
- (a) order the payment of an amount found to be owing by 1 party to another;
- (b) order relief from payment of an amount claimed by 1 party from another;
- (c) award damages, and interest on the damages at the rate, and calculated in the way, prescribed under a regulation;
- (d) order restitution;
- (e) declare any misleading, deceptive or otherwise unjust contractual term to be of no effect, or otherwise vary a contract to avoid injustice;
- (f) avoid a policy of insurance under the statutory insurance scheme;
- (g) order rectification or completion of defective or incomplete tribunal work;
- (h) award costs.