UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 86 Powers of Court

UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 86

    (1)     Without limiting the Local Court's powers, it may, for adjudicating the dispute, do 1 or more of the following:

    (a)     make an interim order in relation to the application;

    (b)     require someone to give a report or specified information to the Court about the dispute;

    (c)     settle the dispute through mediation or arbitration;

    (d)     give judgment on a monetary claim;

    (e)     order a person to refrain from or take an action;

    (f)     confirm or change a decision of the body corporate or committee;

    (g)     order a change to be made to a by-law;

    (h)     make any other order for the resolution of the dispute as the Court considers appropriate.

    (2)     The Local Court must not order a change to be made to a by-law unless it is satisfied:

    (a)     the change is necessary for an equitable resolution of the dispute; and

    (b)     if the body corporate was not a party to the proceedings – it had a reasonable opportunity to be a party; and

    (c)     a unit owner who could be adversely affected by the change had a reasonable opportunity to make a submission to the Court about the change.

    (3)     If the Local Court orders a change to be made to a by-law, the body corporate must lodge a subsequent scheme statement reflecting the change as specified in the order.

Fault element:     Strict liability offence.

Maximum penalty:     100 penalty units.