Division 12 Appeals against orders of Adjudicator
177 Appeal against order of Adjudicator
(1) An appeal lies to the Tribunal against an order made by an
Adjudicator under this Part.
(2) The appellant may be:
(a) the applicant for the order appealed against,
(b) a person who made a written submission on the application for the
(c) a person required by the order to do or refrain from doing a
specified act, or
(d) in the case of a leasehold strata scheme, the lessor of the strata
178 How is an appeal made?
(1) The appellant must lodge with the Registrar a written notice of
appeal that is accompanied by the prescribed fee and specifies:
(a) the name and address of the appellant, and
(b) the order appealed against, and
(c) the grounds of the appeal, and
(d) any other prescribed particulars.
(2) The only ground of appeal against the granting of an interim order
is that the Adjudicator acted unreasonably in making the
(3) The notice of appeal against an order made by an Adjudicator
dismissing an application must be lodged not later than 21 days after the
order takes effect.
(4) The notice of appeal against any other order must be
(a) not later than 21 days after the order takes effect,
(b) not later than 90 days after the order takes effect if the
Tribunal gives leave to do so on sufficient cause being shown why the notice
was not lodged within the time referred to in paragraph
179 Procedure after appeal is lodged
(1) The Registrar must send to the Tribunal the notice of appeal and
the Adjudicator’s records relating to the order appealed
(2) The Registrar must complete a notice containing the time and place
at which, and the date on which, the Tribunal will determine the
(3) The Registrar must send a copy of that notice together with a copy
of the notice of appeal to the following persons so that the notices would, in
the ordinary course of post, be received by the addressee not less than 7 days
before the day specified in them for the determination of the appeal:
(a) the appellant,
(b) the person against whom the order appealed against was sought and
any other person entitled to appeal,
(c) the owners corporation for the strata scheme to which the order
appealed against relates.
180 Stay of operation of order
(1) If a notice of appeal is accompanied by a request for a stay of
the operation of the order appealed against under this section, an
Adjudicator, before the Tribunal is sent the notice of appeal and other
documents, or the Tribunal may, by order, stay the operation of the order
appealed against until the appeal is determined.
(2) The Registrar must forward notice of an order made under this
section to the persons referred to in section 179
181 Determination of appeal from order of
(1) This section applies to the determination by the Tribunal of an
appeal from an order of an Adjudicator.
(2) The Tribunal may admit new evidence.
(3) Unless the order appealed against is an interim order, the
Tribunal may determine an appeal by an order affirming, amending or revoking
the order appealed against or substituting its own order for the order
(4) If the order appealed against is an interim order, the Tribunal
may determine the appeal by an order revoking the interim order or dismissing
(5) An order made by the Tribunal under subsection (3) has effect, and
the provisions of this Act (other than the provisions conferring a right of
appeal to the Tribunal) apply to it, as if it were an order made under the
same provision as the order appealed against.
(6) Subsection (5) does not exclude an appeal from an order of the
Tribunal made under this section.