Manufactured home park disputes

You must first try to resolve manufactured home park disputes within the park. You should:

You may also contact a Dispute Resolution Centre, which offers free confidential and impartial mediation services to assist in resolving your dispute.

If you cannot resolve your dispute informally through negotiation as set out in step 1, you can apply to QCAT to refer the dispute for formal mediation.

The law states that a mediator cannot mediate a dispute about an issue that is already the subject of arbitration (including an arbitration award), is an exempt provision, or has court proceedings (including a final decision by a court).

If this is not the case, QCAT will organise the appointment of a mediator and give notice of the date, time and location of the mediation. The mediation is held in private.

If an agreement is reached at the mediation, the mediator records the agreement in writing, it is signed by the parties, a copy is given to you and QCAT and the matter is finalised.

You can proceed to step 3 in the manufactured home park dispute process if one of the following occurs:

• an agreement is not reached at the mediation; or
• a party to the dispute does not attend or withdraws from the mediation conference for the dispute; or
• the dispute is not settled within 4 months after the dispute is referred for mediation; or
• the parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement within the time stated in the agreement, or, if no time is stated, within 2 months after the agreement is signed

The steps for making an application to QCAT for a hearing are set out below in step 3 with further details to assist when you apply to QCAT.

If the manufactured home park dispute is not resolved at mediation as set out in step 2, you must apply again to QCAT for a hearing before a QCAT decision-maker.

When you file an application for a hearing, QCAT may:

• issue directions to the parties. Directions are instructions to the parties involved on how the matter will proceed. The directions will include time for filing of evidence, other material and joining of further parties if required
• list the matter for a directions hearing or further dispute resolution proceeding to assist the parties to reach agreement if required
• ask the parties to gather and file their evidence to support their side of the argument
• list the matter for a hearing, after the parties have filed their evidence
• after the hearing, QCAT will then make a final decision based on the law and the evidence provided by the parties

In some circumstances only, you can apply to QCAT for a hearing without participating in steps 1 and 2 of the process.

These include:

• where a park owner applies to QCAT for an order terminating the site agreement on certain specific grounds
• where a home owner applies to QCAT before the termination day for an order extending the time for giving the park owner vacant possession of the site
• where a park owner applies to QCAT for an order declaring that the home owner has abandoned the home and the day the home was abandoned
• where a park owner applies to QCAT for an order authorising the park owner to sell the home or personal effects to a prohibited person on the conditions, if any, stated in the order
• where a park owner applies to QCAT for an order giving the park owner an entitlement to receive an amount paid into the unclaimed moneys fund, on account of after-termination rent
• where a park owner or park manager applies to QCAT for an order permitting the park owner or park manager to enter a site for a stated purpose

To apply for a hearing at QCAT in relation to these cases please go to the application section below.

When QCAT decides a manufactured home park dispute, the QCAT decision-maker can make orders including:

• any order QCAT considers appropriate to resolve the dispute; and
• an order QCAT is authorised to make in relation to the application under another provision of the Manufactured Homes (Residential Parks) Act 2003

(For further details view the Manufactured Homes (Residential Parks) Act 2003)

There are some key steps you need to take as the respondent in a manufactured home park dispute. You must:

• read the above information about manufactured home park disputes and understand the three step process for resolving disputes
• participate in the mediation process steps to resolve the dispute
• file a response to the dispute using the correct response form, if the dispute has reached step 3 and an application for a hearing is made to QCAT

To learn more about what happens next in the process, how to respond and the forms you need please click here.

If you have considered the above information and your dispute falls within QCAT’s jurisdiction, you need to consider the costs that will be incurred and take these into account before you apply. These include:

• an initial application fee for mediation and if unsuccessful an initial fee for a hearing
• costs and time taken to complete the dispute process and attend proceedings; and
• costs you may incur to comply with QCAT’s decision or directions.

You should consider if there are options to resolve the dispute informally without the need to make an application to QCAT.

The time for QCAT to finalise a case may vary depending on QCAT’s workload and the number of steps to be completed by parties as required by QCAT to resolve the dispute. The current average time to consider a manufactured home park dispute and finalise your case can be found on our expected timeframes page.