sec.95Expedited hearing of domestic building disputes or reviews

### sec.95 Expedited hearing of domestic building disputes or reviews The tribunal must decide a minor domestic building dispute at an expedited hearing if the dispute has been to mediation but has not been settled, unless the tribunal considers the dispute is too complex to be properly dealt with at an expedited hearing. The dispute involves complex legal and contractual issues for which the tribunal is unaware of any authoritative precedent. Subject to subsection (3) , the tribunal may decide a domestic building dispute that is not a minor domestic building dispute at an expedited hearing only if— all parties to the proceeding apply, as provided under the QCAT Act , to the tribunal for the matter to be dealt with at an expedited hearing; and the tribunal considers it appropriate for the dispute to be decided at an expedited hearing. The tribunal may decide a domestic building dispute between a building owner and a building contractor at an expedited hearing if— the building contractor applied to the tribunal to have the tribunal decide the dispute; and prior to the proceedings the building owner applied under section 71A for the commission to consider whether to direct the following rectification of building work— to complete incomplete domestic building work; to remedy defective domestic building work relating to a building that— adversely affects the structural performance of the building; or adversely affects the health or safety of a person occupying the building; or adversely affects the functional use of the building; or allows water penetration into the building; and the tribunal considers the building owner may suffer undue hardship if the matter is not dealt with by expedited hearing; and having regard to the complexity of the dispute, the tribunal considers that it may properly be dealt with at an expedited hearing. The tribunal may decide a review of a decision of the commission at an expedited hearing if— a building contractor applied to the tribunal for the review; and the review is of a decision of the commission— to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and prior to the review being commenced, the relevant building owner for the decision applied under section 71A for the commission to consider whether to direct the following rectification of building work— to complete incomplete domestic building work; to remedy defective domestic building work relating to a building that— adversely affects the structural performance of the building; or adversely affects the health or safety of a person occupying the building; or adversely affects the functional use of the building; or allows water penetration into the building; and the tribunal considers the relevant building owner for the decision may suffer undue hardship if the matter is not dealt with by expedited hearing; and having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing. The tribunal may decide a review of a decision of the commission, the commissioner or an investigator at an expedited hearing if— the review is of— a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or a decision of the commissioner to issue a stop work notice under section 108AI ; or a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or a decision of an investigator to give a direction under section 106P or 106Q ; and the tribunal considers the applicant for review, or another person, may suffer undue hardship if the matter is not dealt with at an expedited hearing; and having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing. s 95 prev s 95 om 2000 No. 10 s 183 sch 1 pres s 95 ins 2003 No. 30 s 169 sch 1 amd 2007 No. 47 s 72 ; 2009 No. 24 s 1692 ; 2009 No. 48 s 178 ; 2013 No. 38 s 14 sch 1 ; 2017 No. 29 s 19 ; 2018 No. 17 s 193D (sec.95-ssec.1) The tribunal must decide a minor domestic building dispute at an expedited hearing if the dispute has been to mediation but has not been settled, unless the tribunal considers the dispute is too complex to be properly dealt with at an expedited hearing. The dispute involves complex legal and contractual issues for which the tribunal is unaware of any authoritative precedent. (sec.95-ssec.2) Subject to subsection (3) , the tribunal may decide a domestic building dispute that is not a minor domestic building dispute at an expedited hearing only if— all parties to the proceeding apply, as provided under the QCAT Act , to the tribunal for the matter to be dealt with at an expedited hearing; and the tribunal considers it appropriate for the dispute to be decided at an expedited hearing. (sec.95-ssec.3) The tribunal may decide a domestic building dispute between a building owner and a building contractor at an expedited hearing if— the building contractor applied to the tribunal to have the tribunal decide the dispute; and prior to the proceedings the building owner applied under section 71A for the commission to consider whether to direct the following rectification of building work— to complete incomplete domestic building work; to remedy defective domestic building work relating to a building that— adversely affects the structural performance of the building; or adversely affects the health or safety of a person occupying the building; or adversely affects the functional use of the building; or allows water penetration into the building; and the tribunal considers the building owner may suffer undue hardship if the matter is not dealt with by expedited hearing; and having regard to the complexity of the dispute, the tribunal considers that it may properly be dealt with at an expedited hearing. (sec.95-ssec.4) The tribunal may decide a review of a decision of the commission at an expedited hearing if— a building contractor applied to the tribunal for the review; and the review is of a decision of the commission— to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and prior to the review being commenced, the relevant building owner for the decision applied under section 71A for the commission to consider whether to direct the following rectification of building work— to complete incomplete domestic building work; to remedy defective domestic building work relating to a building that— adversely affects the structural performance of the building; or adversely affects the health or safety of a person occupying the building; or adversely affects the functional use of the building; or allows water penetration into the building; and the tribunal considers the relevant building owner for the decision may suffer undue hardship if the matter is not dealt with by expedited hearing; and having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing. (sec.95-ssec.5) The tribunal may decide a review of a decision of the commission, the commissioner or an investigator at an expedited hearing if— the review is of— a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or a decision of the commissioner to issue a stop work notice under section 108AI ; or a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or a decision of an investigator to give a direction under section 106P or 106Q ; and the tribunal considers the applicant for review, or another person, may suffer undue hardship if the matter is not dealt with at an expedited hearing; and having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing. - (a) all parties to the proceeding apply, as provided under the QCAT Act , to the tribunal for the matter to be dealt with at an expedited hearing; and - (b) the tribunal considers it appropriate for the dispute to be decided at an expedited hearing. - (a) the building contractor applied to the tribunal to have the tribunal decide the dispute; and - (b) prior to the proceedings the building owner applied under section 71A for the commission to consider whether to direct the following rectification of building work— (i) to complete incomplete domestic building work; (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and - (i) to complete incomplete domestic building work; - (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and - (A) adversely affects the structural performance of the building; or - (B) adversely affects the health or safety of a person occupying the building; or - (C) adversely affects the functional use of the building; or - (D) allows water penetration into the building; and - (c) the tribunal considers the building owner may suffer undue hardship if the matter is not dealt with by expedited hearing; and - (d) having regard to the complexity of the dispute, the tribunal considers that it may properly be dealt with at an expedited hearing. - (i) to complete incomplete domestic building work; - (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and - (A) adversely affects the structural performance of the building; or - (B) adversely affects the health or safety of a person occupying the building; or - (C) adversely affects the functional use of the building; or - (D) allows water penetration into the building; and - (A) adversely affects the structural performance of the building; or - (B) adversely affects the health or safety of a person occupying the building; or - (C) adversely affects the functional use of the building; or - (D) allows water penetration into the building; and - (a) a building contractor applied to the tribunal for the review; and - (b) the review is of a decision of the commission— (i) to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or (ii) that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and - (i) to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or - (ii) that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and - (c) prior to the review being commenced, the relevant building owner for the decision applied under section 71A for the commission to consider whether to direct the following rectification of building work— (i) to complete incomplete domestic building work; (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and - (i) to complete incomplete domestic building work; - (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and - (A) adversely affects the structural performance of the building; or - (B) adversely affects the health or safety of a person occupying the building; or - (C) adversely affects the functional use of the building; or - (D) allows water penetration into the building; and - (d) the tribunal considers the relevant building owner for the decision may suffer undue hardship if the matter is not dealt with by expedited hearing; and - (e) having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing. - (i) to direct or not to direct rectification or completion of tribunal work in relation to domestic building work; or - (ii) that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; and - (i) to complete incomplete domestic building work; - (ii) to remedy defective domestic building work relating to a building that— (A) adversely affects the structural performance of the building; or (B) adversely affects the health or safety of a person occupying the building; or (C) adversely affects the functional use of the building; or (D) allows water penetration into the building; and - (A) adversely affects the structural performance of the building; or - (B) adversely affects the health or safety of a person occupying the building; or - (C) adversely affects the functional use of the building; or - (D) allows water penetration into the building; and - (A) adversely affects the structural performance of the building; or - (B) adversely affects the health or safety of a person occupying the building; or - (C) adversely affects the functional use of the building; or - (D) allows water penetration into the building; and - (a) the review is of— (i) a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or (ii) a decision of the commissioner to issue a stop work notice under section 108AI ; or (iii) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or (iv) a decision of an investigator to give a direction under section 106P or 106Q ; and - (i) a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or - (ii) a decision of the commissioner to issue a stop work notice under section 108AI ; or - (iii) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or - (iv) a decision of an investigator to give a direction under section 106P or 106Q ; and - (b) the tribunal considers the applicant for review, or another person, may suffer undue hardship if the matter is not dealt with at an expedited hearing; and - (c) having regard to the complexity of the review the tribunal considers that it may properly be dealt with at an expedited hearing. - (i) a decision of the commission to give a direction to a person in the chain of responsibility for a building product under section 74AL (5) or 74AN ; or - (ii) a decision of the commissioner to issue a stop work notice under section 108AI ; or - (iii) a decision of an investigator to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; or - (iv) a decision of an investigator to give a direction under section 106P or 106Q ; and