Decisions table

Validity of committee resolutions where it is alleged a conflict of interest existed, but was not declared; whether interim order should be granted Act, s 279; Commercial Module, ss 30, 35

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Section 35 of the Act - general right of lot owners to use common property. Whether presence of personal property on common property creates an obstruction or requires a grant of exclusive use Whether the body corporate has acted reasonably. Act, ss 94, 152; Small Schemes Module, s 99, 106.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COMMITTEE MOTION – where the applicant’s request for approval to keep a dog was initially refused – whether there is a continuing dispute. Act, ss 245, 276

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BREACH OF BY-LAWS – where the respondent has installed new patio doors in a colour not approved by the body corporate – whether the respondent should submit a motion for the body corporate to consider the current colour of the doors – whether in the absence of a motion or the motion not being carried, the doors should be stained to match the other doors, windows and louvres at the scheme Act, ss 59, 94, 100, 163 182; Accommodation Module, ss 177, 202

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether to appoint an administrator. Act, ss 301, Schedule 5 Item 23.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether a general meeting was properly called; whether a general meeting and resolutions passed at a general meeting are void. Standard Module, ss 87, 93.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") \_Act, s 279.\_Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

IMPROVEMENTS TO COMMON PROPERTY / REASONABLENESS – where the applicant sought retrospective approval for an external air-conditioning unit to remain on common property – whether the body corporate was unreasonable in refusing to grant approval Act, ss 59, 94, 182; Accommodation Module, ss 170, 177

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether an order should be made to change the financial year end date of the body corporate. Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANIMAL BY-LAW – whether the by-law is oppressive or unreasonable – whether body corporate acted unreasonably in refusing to give permission to keep dog – whether order should be made given to allow applicant to keep a second dog into their lot Act, ss 94(2),100(5), 180(7)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Validity of general meeting motions; whether the body corporate acted unreasonably in passing disputed motions. Act, s 94(2); Accommodation Module, ss 79, 156(2), 163, 176.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE OF UTILITY INFRASTRUCTURE – SEWERAGE PIPES CONNECTED DOWNSTREAM FROM GREASE TRAPS- WHETHER THE RESPONSIBILITY OF LOT OWNER OR BODY CORPORATE- WHETHER A “DEVICE”. Act, ss 20; Accommodation Module, ss 170, 177

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Responsibility for maintenance; whether flood insurance is required; relevance of COVID emergency legislation to the recovery of unpaid contributions, charging of penalty interest & setting of sinking fund contributions; alleged breaches of by-laws & code of conduct for committee voting members – whether application is vexatious, misconceived and/or without substance. Act, ss 185(2), 229A, 270(1)(c), 280, 297, 298, 323D, 323F, 323G, Schedule 6; Standard Module, ss 166, 197, 198, 206, 211

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REASONABLENESS – whether the body corporate acted unreasonably in its decision not to install an independent aerial to provide/reinstate the applicant’s access to local television stations Act, ss 227, 228

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE – whether the body corporate is obligated to carry out repairs to fix leaking windows on the boundary of the lot and common property – whether the body corporate not passing a motion to repair the defects to make the windows/window frames watertight and ensure they are otherwise in good condition was unreasonable Act, ss 94, 152, 186; Standard Module, s 180

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission for the applicants to keep a dog Act, ss 94(2), 100(5)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDERS – whether the respondents should be prevented from using an area of common property until a decision is made as to whether such use contravenes an exclusive use by-law in favour of the applicants, other scheme by-laws, or poses a nuisance or hazard contrary to the Act. Act, s 279(1).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Whether the body corporate failed to act reasonably Act, ss 94, 279.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ADMINISTRATOR – whether administrator appointment is warranted. Act, s 301

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether to grant an interim order. Act, s 269

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is warranted. Act, s 269

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether emergency circumstances exist. Act, ss 227, 229, 243A, 276, 312; Accommodation Module s 81.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Responsibility for cost of making core hole penetration in common property roof fire compliant. Act, s 280; Accommodation Module, ss 170, 177

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING – NOTICE PERIOD – whether to make order declaring that a general meeting in an emergency will not be invalid for being called on short notice. Act, s 243A; Accommodation Module, s 81

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR’S POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether the body corporate maintained common property in good condition; whether the proposed spending is above the relevant limits for committee spending; whether the spending is required to meet an emergency. Act, ss 152, 243A; Accommodation Module, ss 162, 163, 170.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BODY CORPORATE RECORDS – whether the body corporate failed to provide the applicant with records – GENERAL MEETING PROCEDURES – whether a meeting was validly called. Act, ss 205, 270(1)(e); Accommodation Module, ss 72, 82, 83

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RECORDS – whether the body corporate has failed to comply with an obligation to provide access to records Act, ss 100(5) and 205; Standard Module, ss 231 - 233

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EXCLUSIVE USE – whether the reallocation of an exclusive use car parking space was valid – whether the space should be allocated to the applicant – whether there is an encroachment onto a car parking space allocated to the applicant – whether a wall and pipework should be removed – MAINTENANCE – whether the body corporate has failed to maintain common property – TIME LIMIT – whether the time limit applying to part of the application should be waived - COSTS – whether costs should be awarded. Act, ss 242, 250, 270; Accommodation Module, s 170

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDERS – whether interim orders warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

STATUTORY EASEMENT – REASONABLENESS – where a lot owner proposed to install solar panels on the common property roof for the benefit of their lot – whether a statutory easement over common property for utility infrastructure to supply utility services exists and can be exercised by the lot owner – where the installation requires an ordinary resolution – whether the body corporate acted unreasonably in refusing approval. Act, ss 68, 69, 94, 159; Standard Module, s 187

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission to keep a dog Act, ss 94(2), 100(5)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether the committee had power to decide a request to install shutters; whether the body corporate and the committee acted reasonably. Act, ss 94, 100.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from putting a committee resolution and general meeting resolution into effect pending the outcome of a challenge to the validity of the meetings that passed them. Act, ss 119, 279(1), 309; Accommodation Module, ss 46, 47, 63(6)(e)(ii), 72(1), 77(3)(d), 102(4)(c), 130(1), 162, 163(1)(a).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR’S POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ACCESS RIGHTS – COMMON PROPERTY – where scheme is a resort with mainly accommodation lots and some commercial lots – where motion passed to restrict access to unallocated parking spaces by a boom gate – where body corporate apparently intends to preference accommodation guests for parking access – there applicant says its business will be affected because its customers will have difficulty accessing parking INTERIM ORDER – whether interim order is warranted. Act, ss 35, 94, 171, 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDER – whether the body corporate should be prevented, pending final orders, from holding a general meeting to consider motions to amend the caretaking service contractor’s engagement and amalgamate part of the caretaker’s lot into common property; where the applicants challenge the validity of committee resolutions that resulted in the proposals to be put to the general meeting but do not seek any final orders with respect to the general meeting itself. Act, s 279(1).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BREACH OF BY-LAWS / IMPROVEMENTS – where the respondents have installed a security camera on common property without body corporate permission and failed to remove it after being served with a continuing contravention notice – whether the camera should be removed or relocated Act, ss 36, 59, 94, 182; Accommodation Module, ss 170, 177

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether a part of scheme land is common property; whether an owner has a right to use common property to the exclusion of other owners and occupiers; whether the body corporate has acted in accordance with its statutory functions and duties. Act, ss 94, 152; Standard Module, s 187.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING PROCEDURES – where the owner of lots who signed a request for a general meeting withdrew agreement to the request - whether the notice requesting the meeting was valid at the time the meeting was called – whether there were other procedural defects with the calling of the meeting – GENERAL MEETING MOTIONS – whether motions included on the agenda were valid. Accommodation Module, ss 74, 77, 82, 83, 98, 101, 125, 127

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REGULATION MODULE – where the community management statement states that the Accommodation Module applies to this scheme – whether the circumstances that must exist for the Accommodation Module to apply to this scheme actually exist – whether a new community management statement should be recorded stating that the Standard Module applies. Act, ss 21(3); Accommodation Module, s 3, Standard Module s 3

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether interim order preventing resolutions carried at EGM from being implemented is warranted. Validity of EGM; validity of motions purportedly carried at EGM; composition of committee – whether valid; major spending – whether authorised. Act, s 279; Accommodation Module, ss 11(2), 36(2)(c), 40, 72(1), 163

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.