Part 4 Disputes, cancellation, and conversion

Subpart 1—Disputes

171 Jurisdiction of Tenancy Tribunals

(1)

Except as provided in this section, a Tenancy Tribunal (a Tribunal) constituted under section 67 of the Residential Tenancies Act 1986 has jurisdiction to hear and determine all disputes arising between any persons of the kind listed in subsection (2) in relation to a unit title development (a unit title dispute).

(1A)

To avoid doubt, and without limiting subsection (1), a unit title dispute may relate to a claim for unpaid levies.

(2)

The persons mentioned in subsection (1) are—

(a)

the owner of a principal unit or a former owner of a principal unit:

(b)

a future development unit owner:

(c)

an occupier of a future development unit:

(d)

a body corporate:

(e)

an administrator:

(f)

a registered valuer:

(g)

an occupier of a principal unit:

(h)

a service contractor:

(i)

a prospective buyer of a principal unit:

(j)

an original owner:

(k)

a lessor of base land:

(l)

the chief executive.

(3)

Any person listed in subsection (2) may, by notice in writing to the Tribunal, appoint an agent to act on his or her or its behalf in relation to a dispute.

(3A)

Without limiting the provisions of the Residential Tenancies Act 1986 that apply to a Tenancy Tribunal by virtue of section 176 of this Act, a Tenancy Tribunal may, in relation to a unit title dispute within its jurisdiction under this section, do any of the following:

(a)

order any party to do anything necessary to remedy a breach by that party of an obligation arising under this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute:

(b)

order any party to refrain from doing anything that would constitute a breach of an obligation arising under this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute:

(c)

make any supplementary orders of a consequential or ancillary nature necessary to exercise or perfect the exercise of any of its jurisdiction.

(4)

The Tribunal does not have jurisdiction—

(a)

to make an order requiring any person or body to pay any sum, or to do any work to a value, or otherwise incur expenditure, in excess of $50,000; or

(b)

to hear a dispute relating to the application of insurance money under section 136(4); or

(c)

to hear any dispute relating to the title of land.

(5)

Without limiting subsection (4)(c), a dispute relating to the title of land includes—

(a)

a redevelopment:

(b)

cancellation of a unit plan:

(c)

conversion under subpart 3 of this Part.

(6)

An order of the Tribunal that exceeds any restriction specified in subsection (4) is of no effect.

(7)

Subsection (4)(a) does not prevent a party to a unit title dispute from abandoning as much of the claim as exceeds $50,000 in order to bring the claim within the jurisdiction of the Tribunal; and in any such case, an order of the Tribunal in relation to the claim operates to discharge any person against whom the claim is made and the subsequent order made from liability in respect of the amount abandoned.

(8)

The Tribunal has jurisdiction to hear and determine any claim arising under any unit title dispute that is a claim for the balance, not exceeding $50,000, after a set-off or any counterclaim made by the other party to the dispute against the claimant arising out of the same dispute, being a counterclaim admitted by the claimant.

(9)

A cause of action must not be divided into 2 or more claims for the purpose of bringing it within the jurisdiction of the Tribunal.

Section 171(1A): inserted, on 5 December 2013, by section 20(1) of the Unit Titles Amendment Act 2013 (2013 No 140).

Section 171(3A): inserted, on 5 December 2013, by section 20(2) of the Unit Titles Amendment Act 2013 (2013 No 140).