Complex disputes
The Office of the Commissioner for Body Corporate and Community Management can help you resolve most body corporate disputes.
However, we cannot resolve complex disputes and debt disputes.
Definition of complex disputes
Under the Body Corporate and Community Management Act 1997 (the Act), a complex dispute includes:
- an application to adjust the lot entitlement schedule for the scheme
- a dispute about the terms of a contract
- a dispute about transferring a letting agent’s management rights
- a dispute between a body corporate and service contractor about a review of their contract under section 130 of the Act
- a dispute about reviewing an exclusive use by-law and whether it’s still in force if the body corporate manager, caretaking service contractor or letting agent for the scheme doesn’t continue their contract
- a dispute about a contract to
- engage a body corporate manager or caretaking service contractor
- authorise a person as a letting agent.
Complex disputes about engaging or authorising managers, contractors or agents can include:
- contravening (not following) the terms of the contract
- terminating (ending) the contract
- exercising rights or powers under the terms of the contract
- performing duties under the terms of the contract.
They may not include disputes about whether the body corporate acted reasonably when they decided to engage or authorise that person.
Resolving complex disputes
Complex disputes can only be resolved by:
They cannot be resolved by our office.
You may wish to get independent legal advice about these types of disputes. We cannot give you legal advice.
- Australian College of Strata Lawyers
- Institute of Arbitrators & Mediators Australia
- Queensland Bar Association
- Queensland Law Society
Complex dispute outcomes in adjudication applications
Even if only one of the outcomes in your adjudication application relates to a complex dispute, our office cannot resolve the dispute. Your entire application would need to be decided by QCAT or a specialist adjudicator.
You can remove the outcomes about a complex dispute, so a conciliator or adjudicator can resolve the rest of the issues. You could then pursue the complex dispute separately, either in QCAT or through specialist adjudication.
More information
If your dispute is not a complex dispute, learn more about: