This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 20 June 2011, prescribe the fee payable for the filing of an application with the Tenancy Tribunal under section 86 of the Residential Tenancies Act 1986 in relation to a unit title dispute (within the meaning of section 171(1) of the Unit Titles Act 2010).
For the purposes of prescribing the Tenancy Tribunal application fee, these regulations provide for the categorisation of proceedings for a unit title dispute into category 1 proceedings or category 2 proceedings.
Category 1 proceedings relate to unit title disputes of an average or high complexity that are likely to involve a hearing before the Tenancy Tribunal as the principal means of dispute resolution (although these disputes may also be resolved through mediation if practicable). The Tenancy Tribunal application fee for category 1 proceedings is $3,300 including goods and services tax.
Category 2 proceedings relate to disputes of a straightforward nature that are likely to involve mediation as the principal means of dispute resolution (although these disputes may also be resolved through adjudication if required). The Tenancy Tribunal application fee for category 2 proceedings is $850 including goods and services tax.
If proceedings for a unit title dispute are capable of falling within category 1 proceedings and category 2 proceedings, the filing fee payable to the Tenancy Tribunal for the application relating to the dispute is the fee for category 1 proceedings (ie, $3,300 including goods and services tax).
Under these regulations, the chief executive of the Department of Building and Housing may determine the categorisation of any proceedings for a unit title dispute if there is any doubt in that regard.
Date of notification in Gazette: 12 May 2011.
These regulations are administered by the Department of Building and Housing.