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Application fee

Application for a final order of an adjudicator: $110.30 (no GST)
Application for an interim and final order of an adjudicator: $231.90 (no GST)

The application fee must be paid by the applicant and is non-refundable.

Our fees and charges increase on 1 July each year. On 1 July 2023 our fees and charges increased by 3.4% in line with the government’s indexation policy.

You can contact us to find out details about specific fees, charges or prices.

Fees are exempt from GST.

Conciliation

In most cases the applicant must have previously attempted self resolution and participated in a conciliation session with this office.

If you have not participated in a conciliation session, you may be asked to give reasons why the Commissioner should waive this requirement. For example, conciliation is not normally needed before disputing a general meeting decision.

If the reasons given are not sufficient, your application may be rejected.

Self resolution

Before lodging your application, you must have first attempted to resolve the dispute with the person you are lodging the application against.

You will need to provide evidence of your previous attempts to resolve the dispute (e.g. letters, emails, motions submitted to meetings, etc.).

If you have not attempted self resolution before lodging your application, the Commissioner may reject your application.

Note: If there is more than one applicant, all applicants must have attempted self resolution and provide their evidence.

Parties to dispute

A dispute can only be between these parties:

*Letting agent does not mean your real estate agent, but means the onsite letting agent for the body corporate.

You can name one of these combinations only. If your dispute does not fit into one of the listed combinations, do not complete this form. Instead, call BCCM Information Service on (freecall) 1800 060 119 for further information.

When is conciliation required?

In most situations, conciliation is the mandatory first step in the formal dispute resolution processes provided by the Commissioner’s Office. However, some disputes may not be suitable for conciliation. In that case a matter may need to proceed straight to adjudication.

There are a range of factors that the commissioner may consider in deciding whether to waive the usual requirement that an applicant attempt to conciliate a dispute. Practice Direction 9: Internal dispute resolution sets out some of the factors that may be considered.

It is important to note that each application will be considered in light of the facts and circumstances in that particular application. The requirement to conciliate will not automatically be waived simply because the application is of a certain type.

Get the information

To get copies of minutes of meetings, notices of meetings, names and addresses of owners or committee members and other body corporate records contact your body corporate manager or body corporate secretary in writing.

The secretary’s or body corporate manager’s name will most likely be listed on your last annual general meeting minutes that you should have been given.

To get the registration details of your scheme contact the Lands Registry Office, Department of Resources on 1300 255 750.

Supporting documentation

A large range of information may be relevant to your dispute. This is not a complete list but will give you an idea of the type of information the Commissioner or the adjudicator may need.

The documents you must include are:

• if you are lodging this application as the body corporate—a copy of the committee or general meeting resolution authorising this application to be lodged
• if you are disputing a decision of the committee or general meeting—a copy of the minutes of the meeting
• all applicants—copies of documents showing your written attempts to resolve the matter with the person you are lodging the application against.

Other relevant documentation may include:

• a full copy of the notices of the committee or general meeting
• relevant correspondence between the parties
• plans of buildings, lots or the common property clearly identifying areas that are subject to the dispute
• photos
• invoices
• quotes
• professional reports such as acoustic reports, engineering reports, etc.
• a copy of the community management statement for the scheme
• by-law contravention notices
• legal advice
• title deeds
• other body corporate records such as nomination forms, voting papers, proxy forms, etc. that support the outcome you are seeking.

Please note: it is your responsibility (as the applicant) to provide all relevant documents in support of your application.

Statement of grounds

The Body Corporate and Community Management Act (section 239B(e)) (the BCCM Act) requires the applicant to provide grounds (in detail) on which the outcome is sought.

You must attach your supporting documentation and ensure they are referenced in your grounds. If all necessary and relevant information is not provided section 240 of the Act provides for the commissioner or the commissioner's delegate to request further information from you to enable your application to progress.