Home Building Act 1989 No 147
Current version for 6 July 2012 to date (accessed 22 May 2013 at 03:24)
Part 3ADivision 3

Division 3 Making an application for determination of a building claim

48I   Application for determination of building claim

(1)  Any person may apply to the Tribunal for the determination of a building claim.
(2)  A building claim may be withdrawn by the claimant at any time.
(3)  If, immediately before a building claim was made, the claimant was subject to the requirements of a rectification order under Division 2, the building claim may not be withdrawn except with the leave of the Tribunal.
(4)  When granting leave to the withdrawal of a building claim referred to in subsection (3), the Tribunal may restore the rectification order referred to in that subsection.

48J   Certain applications to be rejected

The Registrar of the Tribunal must reject any application to the Tribunal for the determination of a building claim unless:
(a)  the Registrar is satisfied that the subject-matter of the building claim has been investigated under Division 2, or
(b)  the Chairperson of the Tribunal directs that the building claim be accepted without such an investigation having been made.
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