Applying for adjudication

Adjudication for body corporate disputes is a more formal process than conciliation. An adjudicator makes a decision after considering the application and written submissions from all those affected by the dispute. This decision can be enforced.

If your body corporate does not have a CMS recorded, learn about referee orders for body corporate disputes.

You can only make an adjudication application if you (as the applicant) have:

• tried self resolution

and

• in most cases, attempted conciliation with the Office of the Commissioner for Body Corporate and Community Management (the BCCM office).

You need to read about interim orders if you plan to ask for an urgent interim order in your application.

What disputes can be decided by adjudication

Adjudicators decide disputes that involve claimed contraventions (breaches) of the:

• Body Corporate and Community Management Act 1997 (the Act)
• community management statement for a community titles scheme.

Disputes an adjudicator cannot decide

An adjudicator cannot:

• resolve questions about title of land
• decide a dispute about a debt owed to the body corporate
• decide about scheme termination issues.

Decisions about certain types of complex disputes can only be made by:

• a specialist adjudicator

or

• the Queensland Civil and Administrative Tribunal.

Decisions about terminating a scheme can only be made by:

• a specialist adjudicator, for disputes about the economic reasons for termination

or

• the District Court, for disputes about the decision to terminate a scheme.

For more information see:

• s229 of the Act (disputes that adjudicators cannot decide)
• s81G of the Act (applying to a specialist adjudicator about economic reasons for termination)
• s81N of the Act (applying to the District Court about a termination decision).

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The adjudication process

Applying

To apply for adjudication, you must complete the adjudication application form.

You will be asked for more details if your application is not complete, is unclear, or does not meet the requirements of the legislation. Your application could be rejected if you do not provide all the information requested.

You can amend or add to your application after it is lodged. If your amendment is not received before submissions have been sought from others, conditions may be imposed (e.g. you may have to send the amendments to everyone who has been asked to make a submission).

Interim orders

Interim orders are temporary orders. They are put in place to urgently protect your interests until final orders can be made. A final order is an outcome you want that will resolve the dispute.

An interim order will not speed up a final order.

You can apply for an interim order by completing the adjudication application form. Both the interim and final order details are included in the same application.

Your application must include evidence that:

• the order you are requesting is
  • genuinely urgent
  • temporary only, until the application is decided by final orders
• there is a related final order to resolve the dispute
• you have attempted to resolve the dispute for both the interim and final orders.

By requesting an interim order that does not meet the above requirements, you are accepting that the progress of your application may be delayed.

Interim order applications have a larger application fee. This fee will not be refunded if the application does not meet the above requirements. For more information, read practice direction 4—interim orders.

Submissions and your reply

The respondent (i.e. the other person in the dispute) and others affected by the dispute will usually be invited to make a written submission. It is their choice if they want to make a submission. However, choosing not to may limit their ability to appeal any order made.

Those invited must make any submissions within a specified timeframe. In some cases, the Commissioner may extend the time limit.

You (the applicant) will then be invited to access these submissions and make a written reply. You must reply within a specified timeframe. You are the only person who has a right of reply.

Your reply can only relate to the issues raised in the submissions. If you bring up new issues in your reply, it might have to be sent to the others involved for further submissions. This could delay the dispute.

An interested person can make a written request and pay a fee to see or get a copy of the application, the submissions and your reply to the submissions. Find out more about inspecting adjudication applications and submissions.

What the adjudicator considers

When considering a dispute, an adjudicator has the power to:

• request information (e.g. expert reports)
• interview the people involved in the dispute (and others if necessary)
• obtain or inspect body corporate records
• inspect lots or common property.

The adjudicator will make a formal order deciding the dispute after considering:

• the application
• all submissions
• the reply to submissions
• any further information the adjudicator has asked for.

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Adjudicator’s orders

An adjudicator must decide whether an order should be made. An adjudicator can make an order that is ‘just and equitable’ to resolve the dispute.

For example, adjudicators can:

• declare a committee or general meeting, or a motion at a meeting, void
• declare a committee or general meeting motion to have passed
• require a general meeting to be held to deal with specific business
• declare a by-law invalid
• require the body corporate or an owner to undertake maintenance
• require a body corporate to provide access to body corporate records.

An adjudicator can also appoint an administrator with the authority to do the job of a body corporate or committee.

An adjudicator can dismiss an application if it is:

• frivolous (i.e. unimportant or inconsequential),
• vexatious (i.e. intended to cause annoyance or inconvenience)
• without substance (i.e. not supported by facts or law).

You (the applicant) may have to pay up to $2,000 in costs if your application is dismissed for one of these reasons.

An adjudicator can also dismiss an application for other reasons, such as if:

• they don't have the authority to decide the dispute
• the dispute should be decided by a court or tribunal.

If you need advice about the terms, reasons for, or effect of an order you should ask an appropriately qualified person, such as a lawyer.

Withdrawing an application

If you decide you don’t want to proceed with your application—because the dispute is resolved or for any other reason—you can ask in writing to withdraw the application.

The application fee will not be refunded.

Enforcing an adjudicator’s order

The Magistrates Court can enforce an adjudicator's order.

The court can impose fines of up to $66,760 (current from 1 July 2025) if you do not comply with an order.

Appealing against an order

You can appeal an adjudicator's order with the Queensland Civil and Administrative Tribunal as per section 289 of the Act.

You must start the appeal within 6 weeks of the date of the adjudicator’s order (unless a later start is allowed by the tribunal).

Specialist adjudicators

You can ask for a specialist adjudicator to be appointed to decide a dispute. This can be useful if your dispute is complex or requires expert knowledge. The process for appointing a specialist adjudicator depends on what the dispute is about.

For a complex dispute, you and the other people in the dispute must agree on appointing a specialist adjudicator and who that person will be. You must also agree on how you will pay the costs.

For a dispute about an economic reasons resolution for terminating the scheme, the body corporate will be liable to pay the costs for the specialist adjudicator if the application is not deemed frivolous or vexatious.

Privacy

Please be aware that we will make your application available to others in the dispute. Some information in your application will also be made public if the adjudicator makes an order.

Read more about privacy and access to personal information.

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