Retirement village disputes

You must first try to resolve the dispute within the village. 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 is 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 retirement village 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 a retirement village 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 when a scheme operator:

• threatens to remove or actually removes a resident from the retirement village
• threatens to deprive or actually deprives a resident of the right to live in the retirement village
• threatens to restrict or actually restricts a resident’s use of the retirement village land
• gives a resident false or misleading information or documents to the financial detriment of the resident
• fails to fulfill requirements regarding exit entitlements and unit resale, and you are materially prejudiced by the failure

Also, a party to a building work dispute or mandatory buyback dispute may apply to QCAT even if the parties to the dispute have not first attempted to resolve the dispute informally or via formal mediation.

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

When QCAT decides a retirement village dispute, the QCAT decision-maker can make any orders it considers to be just to resolve the dispute. This may include:

• an order for a party to the issue to do, or not to do, anything (an enforcement order)
• an order requiring a party to the issue to pay an amount (including an amount of compensation) to a specified person (a payment order)
• an order that a party to the issue is not required to pay an amount to a specified person
• an order setting aside the mediation agreement between the parties to the dispute; or
• an order giving effect to a settlement agreed on by the parties to the dispute.

(For further details view the Retirement Villages Act 1999 (Qld))

There are some key steps you need to take as the respondent in a retirement village dispute. You must:

• read the above information about retirement village disputes and understand the three step process for resolving disputes
• participate in the mediation process steps to try and resolve the dispute; and
• 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 the tribunal’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 retirement village dispute and finalise your case can be found on our expected timeframes page.