Litigation
In any community living dispute, the preferred way to resolve the issues at first instance is for the parties to discuss the matter. Where that fails the issues may be brought to the forum of a body corporate meeting for open discussion.
Should there still be no agreeable outcome, recourse is available by way of a dispute resolution application to the Office of the Commissioner, Body Corporate and Community Management (BCCM) (see Department of Justice and Attorney General website:Dept of Justice). The Commissioner’s Office holds exclusive jurisdiction in most disputes involving bodies corporate, and a certificate from the Commissioner is usually needed prior to any referral to a Court of Law.
Herdlaw - The Body Corporate Lawyers have represented lot owners and bodies corporate before the Magistrates, District, Supreme Court and Court of Appeal in matters involving enforcements of Adjudicators Orders, recovery of outstanding body corporate levies, Appeals of Adjudicators Orders, contractual disputes, criminal proceedings, and in some cases winding up of Companies.
Body Corporate law is a specialist area of law and bodies corporate and lot owners considering court action, or finding themselves before the Courts should ensure they have a firm specialising in body corporate law representing their needs.
To find out more about the role of the Commissioners Office CLICK HERE...
To find out more about the Queensland Court systemCLICK HERE...
