Referee orders for body corporate disputes
The referee process is a formal process to help bodies corporate under certain Acts resolve disputes.
A referee considers the application and seeks written submissions from all those affected by the dispute before making a decision.
Read about the dispute management process if your body corporate does have a CMS registered.
The Commissioner appointed under the Body Corporate and Community Management Act 1997 has no role in disputes under the Building Units and Group Titles Act 1980 (BUGT Act) or the other Acts listed below. Referees have sole responsibility for applications, from case management to making the order.
Disputes that can be decided by referee order
Referees can determine disputes about claimed breaches of the following Acts:
- BUGT Act
- Mixed Use Development Act 1993
- Integrated Resort Development Act 1987
- Sanctuary Cove Resort Act 1985
- Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980
- Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984
- South Bank Corporation Act 1989.
The other 6 Acts refer to the BUGT Act for dispute resolution processes.
Disputes a referee cannot decide
A referee can't make orders about some types of disputes, including those about:
- title of land
- contractual matters and some development by-laws
- payments or debt disputes above $1,000.
These disputes may have to be lodged with the Land Court, Supreme or District Court, or the Queensland Civil and Administrative Tribunal (QCAT). You may need to get legal advice to confirm the process for these disputes.
How it works
After you apply for a referee’s order, the referee may seek further information from you. They will usually ask the other people involved in the dispute to make a submission too.
The referee will then offer you the right to reply before they decide whether to make an order.
Read more about:
Interim orders
Interim orders are temporary orders. They are put in place to urgently protect your interests until final orders can be made. A final order is an outcome you want that will resolve the dispute.
An interim order will not speed up a final order.
You can apply for an interim order by completing the referee application form. Both the interim and final order details are included in the same application.
Your application must include evidence that:
- the order you are requesting is
- genuinely urgent
- temporary only, until the application is decided by final orders
- there is a related final order to resolve the dispute
- you have attempted to resolve the dispute for both the interim and final orders.
By requesting an interim order that does not meet the above requirements, you are accepting that:
- the progress of your application may be delayed
- interim order applications have a larger application fee
- the application fee will not be refunded.
Read more about interim order applications (referee guideline 3).
Apply for a referee order
To apply for a referee’s order, you must complete the referee application form and guide, pay the application fee and submit it with any attachments to us either:
- by post to GPO Box 1049, Brisbane QLD 4001
- by email to bccm@justice.qld.gov.au
- in person at Level 4, 154 Melbourne Street, South Brisbane.
If you can't download the form, phone us on 1800 060 119 (freecall).
Use email for further communications about new or current applications.
You can change or add to your application after it is submitted. However, if your amendment is not received before submissions have been sought from others, conditions may be imposed (e.g. you may have to send the amendments to everyone who has been asked to make a submission).
Incomplete applications
If your application is unclear or incomplete, or does not meet the requirements of the legislation, we will contact you for more information.
The referee may refuse your application if you don’t provide all the information we request.
Privacy
Be aware that we will make your application available to others in the dispute. Some information in your application will also be made public if the referee makes an order.
Submissions
The referee will usually ask the respondent (i.e. the other person in the dispute) and others affected by the dispute to make written submissions in response to the application.
It is an individual's choice whether they want to make a submission. However, if you choose not to make a submission, you need to be aware that this may limit your ability to appeal any order that is made. Submissions must be made within a specified timeframe. In some cases, the referee may extend the time limit.
The referee may allow the body corporate, a committee member or anyone who has made a submission to ask for a copy of the application and all submissions.
Right to reply
Once submissions are received, the referee usually gives the applicant the right to reply (i.e. the chance to respond to the submissions).
Resolving the dispute
Once the reply period has ended, the referee will decide the best way to resolve the dispute.
What the referee considers
When considering a dispute, a referee has the power to:
- request information (e.g. expert reports)
- interview the people involved in the dispute (and others if necessary)
- obtain or inspect body corporate records
- inspect lots or common property.
The referee will decide whether to make a formal order about the dispute after considering:
- the application
- all submissions
- the reply to submissions
- any further information they have asked for.
Referee’s orders
A referee can make general orders:
- about the body corporate deciding not to exercise a power or perform a duty or function
- requiring a party to the dispute to pay up to $1000 to another specified party
- requiring a party to the dispute to do or not do a specific action.
The referee can make other specific orders. For example:
- preventing the body corporate from unreasonably refusing an owner’s request for consent to improvements or repairs to common property
- making or pursuing an insurance claim or varying the amount of insurance provided
- varying unreasonable contributions and how they are paid
- requiring the respondent to make body corporate information, records or documents available
- preventing or allowing the keeping of an animal under or against the by-laws
- revoking an amendment of a by-law or invalidating a by-law
- overturning a resolution because voting rights were denied or no notice was given about the item of business.
You can read more about other types of referee orders in sections 79 to 94B of the BUGT Act.
A referee can dismiss an application if it is either
- frivolous (i.e. unimportant or inconsequential)
- vexatious (i.e. intended to cause annoyance or inconvenience)
- without substance (i.e. untrue or unsupported by the legislation or by-laws).
You could have to pay up to $2,000 in costs if your application is dismissed for any of these reasons.
A referee can also dismiss an application for other reasons such as:
- if they don't have the authority to decide the dispute
- if the dispute should be decided by a court or tribunal.
Withdrawing an application
If you decide you don’t want to proceed with your application—because the dispute is resolved or for any other reason—you can ask to withdraw the application in writing.
The application fee will not be refunded.
Enforcing a referee’s order
The Magistrates Court can enforce a referee’s order.
The court can impose fine if you do not comply with an order.
Appealing against a referee’s order
You can appeal a referee’s order by writing to the referee and paying the fee.
You must start the appeal with 21 days of the date of the referee's order.
You can only appeal an order on the grounds that the referee acted unreasonably by making the order. Learn more in section 106 of the BUGT Act.
The referee must send the written notice of the appeal and their records to the Magistrates Court.
