How do I lodge a dispute with the BCCM?
Disputes can be lodged on the BCCM website, but the disputing parties must first try to resolve the issue themselves.
Failing self-resolution, the parties can opt either for conciliation or adjudication (if the circumstances warrant going straight to adjudication).
Conciliation is a voluntary, telephone-based discussion facilitated by a conciliator provided by the BCCM.
If this fails to settle the issue, the parties can opt for adjudication.
Adjudicator orders are binding; however, they can be appealed through the Queensland Civil Administration Tribunal (QCAT).
QCAT does handle some disputes, including contractual disputes with a caretaking service contractor.
The BCCM dispute application form requires clear detail and all aspects need to be carefully considered before lodging to avoid delays.
Will details of a dispute application be made public?
The contents of a dispute application will be made available to the other party and most probably the body corporate of the scheme as a whole.
BCCM Adjudicator findings are published on the Austlii Legal website, which is available to everyone. These findings include the names of the disputing parties and the broad detail of the claims.
Further reading
- How do I resolve a strata dispute in Queensland?
- What is the role of the Office of the Commissioner for Body Corporate and Community Management (BCCM)?
- Disputes & Litigation
- Solving management rights disputes
- Commissioner’s Office jurisdiction is not unlimited
- There’s more than money at stake to pursue a case
- Interview with a (former) BCCM Adjudicator
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