Division 475A Dismissal of application on certain grounds
(1) The Tribunal must, by order, dismiss an application for an order under this Division if satisfied that mediation was appropriate and was not attempted.(2) If the ground for an application is:(a) the absence of a quorum at a meeting, or(b) a defect, irregularity or deficiency of notice or time,the Tribunal may, by order, dismiss the application if the Tribunal believes that no substantial injustice has resulted.(3) The Tribunal may, by order, dismiss an application for an order under this Division on any other ground that the Tribunal considers appropriate.(4) Without limiting the generality of subsection (3), the Tribunal may, by order, dismiss an application for an order under this Division if:(a) the application is frivolous, vexatious, misconceived or lacking in substance, or(b) a decision in favour of the applicant is not within the jurisdiction of the Tribunal, or(c) the applicant has unreasonably delayed the provision of information required by an Adjudicator, or(d) the application is made by a proprietor of a development lot or neighbourhood lot or by an association and the applicant has not paid all contributions levied and payable in relation to the lot under this Act.(5) The Tribunal may, by order, dismiss an appeal.
75B Investigations and proceedings before the Tribunal
(1) Before making an order (except an order for a stay of proceedings), the Tribunal must investigate the application for the order or, in the case of an appeal, the grounds for the appeal.(2) In any such investigation or in any proceedings before it for an order, the Tribunal:(a) is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and(b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.(3) The Tribunal need not hold a hearing in order to decide an application or appeal unless there is an appearance by a person entitled or required to appear before it.(4) A hearing need not be formal.
76 Applications referred to Tribunal by Adjudicator
(1) If an Adjudicator refers to the Tribunal an application for an order that, but for the referral, could have been made by the Adjudicator, the Tribunal has the same powers as the Adjudicator:(a) to make an order under Division 3 other than an interim order, or(b) to dismiss the application.(2) Except in relation to a right of appeal to the Tribunal, this Act has effect in relation to an order made under subsection (1) as if the order were an order of an Adjudicator.(3) Subsection (2) does not exclude an appeal from an order of the Tribunal made under subsection (1).
77 Order by Tribunal in relation to initial period
(1) The Tribunal may, by order, declare:(a) that the initial period for a scheme has not expired, or(b) that the initial period for a scheme expires on the date of the order or on a later date specified in the order.(2) For the purposes of this section, the Tribunal is not bound by, but must have regard to, the intention of the definition of initial period in section 3.(3) If a declaration made by the Tribunal under this section in relation to a scheme is inconsistent with the definition of initial period in section 3:(a) the definition is to be disregarded to the extent of the inconsistency, and(b) the declaration by the Tribunal has effect for the purposes of this Act.(4) Application for an order under this section in relation to a scheme may be made by:(a) the association or strata corporation constituted under the scheme, or(b) the proprietor of a lot within the scheme.
78 Order by Tribunal substituting schedule of unit entitlements
(1) The Tribunal may make orders under subsection (2) or (3) if it considers that an initial or revised schedule of unit entitlements for a community scheme, precinct scheme or neighbourhood scheme is based on unreasonable valuations or should be reviewed or replaced.(2) The Tribunal may, in the case of an initial schedule of unit entitlements:(a) order that revaluations be made by a different registered valuer and that the schedule be replaced by a schedule based on the revaluations, and(b) make such other orders as the Tribunal thinks fit.(3) The Tribunal may, in the case of a revised schedule of unit entitlements:(a) order that a further revised schedule be lodged with the Registrar-General under section 30 of the Community Land Development Act 1989, and(b) make such other orders as the Tribunal thinks fit.(4) If of the opinion that the developer’s or subdivider’s estimate of proportionate values for a neighbourhood scheme is inaccurate, the Tribunal may order that the schedule of unit entitlements be replaced by a schedule based on valuations by a registered valuer.(5) Application for an order under this section may be made by:(a) an association, or(b) a strata corporation, or(c) the proprietor of a development lot, a neighbourhood lot, or a strata lot,within the scheme to which the application relates.(6) Application for an order under this section may be made by the Commissioner for Land Tax.
79 Order by Tribunal affecting restricted property
(1) If an association, or a strata corporation, decides to create, or to refuse to create, restricted property, or if a necessary consent to the creation, or to a refusal to create, restricted property has not been given, the Tribunal may, by order, amend:(a) the management statement for the association, or(b) the by-laws for the strata scheme,in relation to the property.(2) Without limiting the operation of subsection (1), an amendment made under that subsection may have the effect of revoking so much of a management statement or by-laws as creates restricted property.(3) The order must be made on the basis of what the Tribunal considers to be the best interests of all the members of the association or strata corporation.(4) Application for an order under this section may be made by:(a) the association or strata corporation, or(b) the proprietor of a lot within the scheme under which the association or strata corporation is constituted.
80 Order by Tribunal relating to variation of management statement
(1) The Tribunal may, by order, revoke or vary a provision of the management statement for an association if the Tribunal considers the provision not to be in the best interests of:(a) the members of the association, or(b) the proprietors of neighbourhood lots or strata lots within the scheme to which the management statement relates.(2) Application for an order under this section may be made by:(a) a member of the association, or(b) the proprietor of a neighbourhood lot, or a strata lot, within the scheme,to which the management statement relates.
81 Order by Tribunal revoking invalid part of management statement
(1) The Tribunal may, by order, revoke so much of a management statement as the Tribunal considers to be invalid.(2) Application for an order under this section may be made by any person (including a mortgagor as well as a first mortgagee or covenant chargee) entitled to vote at a meeting of the association to which the management statement relates.
82 Order by Tribunal relating to invalid resolution or election
(1) If this Act was not complied with in relation to a meeting of an association at which a resolution was passed or an election held, the Tribunal may:(a) by order invalidate the resolution or election, or(b) refuse an application for such an order.(2) The Tribunal may not refuse to make an order under this section unless it considers:(a) that the failure to comply with this Act did not adversely affect any person, and(b) that compliance with this Act would not have resulted in a failure to pass the resolution, or would not have affected the result of the election.(3) Application for an order under this section may be made by:(a) a person entitled to vote on the motion for the resolution or at the election, or(b) the first mortgagee or covenant chargee of a lot of which the proprietor is a person referred to in paragraph (a).
83 Order by Tribunal relating to contributions
(1) The Tribunal may make an order under subsection (2) if it considers:(a) that a contribution levied, or proposed to be levied, by an association is too much or too little, or(b) that the manner of payment of such a contribution is unreasonable.(2) The Tribunal may, in relation to the contribution, or the proposed contribution:(a) order payment of a different amount, or(b) order a different manner of payment, or(c) make both orders.(3) Application for an order under subsection (2) may be made by:(a) a member of the association, or(b) a mortgagee or covenant chargee in possession of a development lot, neighbourhood lot or strata lot within the scheme under which the association was constituted.(4) If the contribution has been wholly or partly paid:(a) an order to pay more has effect as if the association had decided to make a levy equal to the difference, and(b) an order to pay less imposes a duty on the association to refund the difference.
84 Order by Tribunal to vary amount of insurance
(1) If the Tribunal considers that the amount for which an association has effected insurance is unreasonable, the Tribunal may order the association to vary the amount to a specified amount.(2) Application for an order under this section may be made by:(a) a member of the association, or(b) an enrolled mortgagee of, or a person who has an interest in, a development lot, neighbourhood lot or strata lot within the scheme under which the association was constituted.
85 Order by Tribunal appointing managing agent
(1) The Tribunal may, by order, appoint a managing agent:(a) to perform all the functions, or(b) to perform specified functions, or(c) to perform all the functions, other than specified functions,of an association, or of a strata corporation.(2) Application for an order under subsection (1) may be made:(a) by a person who obtained an order under this Part that imposed a duty on the association or the strata corporation, or on its executive committee or council, or on its chairperson, secretary or treasurer, or(b) by a person who has an estate or interest in a development lot, neighbourhood lot or strata lot within the scheme under which the association or strata corporation was constituted, or(c) if the object of the application is payment of a judgment debt—by the judgment creditor.(3) An order under subsection (1) may be made by the Tribunal to which an Adjudicator has referred a matter if the Adjudicator, whether or not on application, is satisfied that the management structure of the scheme that would be affected by the order is not functioning, or is not functioning satisfactorily.(4) An appointee:(a) must hold any licence required by law to be held by a managing agent performing the functions to which the order relates, and(b) must have consented to the appointment.(5) Unless sooner revoked, an order made under subsection (1) ceases to have effect at the expiration of such period after its making (not exceeding 12 months) as is stated in the order.(6) A managing agent may be appointed under this section:(a) on such terms and conditions relating to remuneration of the managing agent by the association or the strata corporation, and(b) on such other terms and conditions,as are stated in the order making the appointment.(7) In this section:functions includes:
(a) performance of a duty imposed by an order under this Part, and(b) payment of a judgment debt.
86 Functions of managing agent appointed by Tribunal
(1) If the Tribunal appoints a managing agent to exercise a function:(a) the function may not, while the managing agent is in office, be exercised by any other person, and(b) anything done or suffered by the managing agent in the exercise of the function has the same effect as it would have if the function were exercised by the person who, but for paragraph (a), could have exercised it.(2) A managing agent appointed by the Tribunal must, immediately after exercising a function of an association or strata corporation in accordance with the appointment:(a) make a written record of the function and the manner in which it was exercised, and(b) serve a copy of the record on the association or strata corporation.
87 Amendment or revocation of order of Tribunal
(1) The Tribunal may, by order:(a) amend an order made under this Part by it, or(b) revoke an order so made, whether or not another order under this Part is made instead of the revoked order,or may refuse to order such an amendment or revocation.(2) Application for an order under subsection (1) may be made by:(a) the association or strata corporation constituted under the scheme involved in the original order, or(b) the applicant for the original order, or(c) a person who made a written submission on the application for the original order, or(d) a person bound by the original order.(3) The application must:(a) be made to the Registrar, and(b) be in a form approved by the Director-General, and(c) state the grounds on which it is based, and(d) be accompanied by the prescribed fee and any prescribed deposit.(4) The Registrar must deal with the application in the same way as the Registrar would deal with an application that must be referred by the Registrar to the Tribunal.(5) If an order is amended, the amended order has effect as if it had been made under the same provision of this Act as the original order.(6) On the final determination of the application, the applicant is entitled to a refund of the deposit paid under subsection (3) (d) unless, in making the determination, the Registrar, Tribunal or District Court finds that the application was frivolous, vexatious, misconceived or lacking in substance.