1. Before you apply to QCAT
Before you apply ensure you have considered the information above about body corporate disputes, that you understand the QCAT process and that you have taken alternative steps to resolve your dispute.
Before you apply you must confirm that you can make the application, as an application to resolve a complex body corporate dispute may only be brought by, or against, certain persons as set out above.
You must also provide the full name and address of the community titles scheme and the community titles scheme number when you apply. You can do this by including a copy of a title search for the scheme with your application.
Do not use the below application forms if you seek to apply for an order for the adjustment of lot entitlements. Please go back and select the correct application process for lot entitlement cases.
2. If your application is urgent
If you believe that your application is urgent and wish to have an order made before the final hearing, you can apply to QCAT in complex body corporate cases for injunction relief, interim orders or a stay of the body corporate contract.
An interim order or injunction relief are orders made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running or provide for something to be done to make sure that any final decision of QCAT can be effective.
A stay order postpones certain decisions until after the QCAT decision has been made.
You must ensure you clearly set out in the application why an interim/injunction/stay orders should be granted with supporting evidence.
In complex body corporate disputes, if you decide to make this application you should complete PART D (1) of the application form below.
3. Complete and lodge this form
To make an application for a complex body corporate dispute, complete and lodge the application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
Form 28 - Application to resolve a complex dispute (excluding lot entitlement disputes) - Body Corporate and Community Management Act 1997
The purpose of this form is to make an application to QCAT to resolve a complex body corporate dispute.
4. How to lodge your application
When filing an application to resolve a complex body corporate dispute you are required to file the application and supporting material along with three copies in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
Your application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you to give to the other party. You can also keep a copy for your personal records.
5. Giving your application to the other parties
You are required to give a copy of your application and supporting material to the relevant parties named in the application within seven days of receiving the application or as otherwise directed by QCAT.
Visit this page for further information on service requirements.
To prove you have given your application to the other parties, the applicant must complete the affidavit of service for each party and provide a copy to QCAT. You do not need to provide a copy to the other party.
Form 9 - Affidavit of service
The purpose of this form is to prove your application has been served on all other parties. This form must be witnessed by a Justice of the Peace.
6. What happens next?
Find out what happens after you apply.