BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 264 Specialist adjudication by agreement

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 264

264 Specialist adjudication by agreement

(1) The commissioner may recommend an application be the subject of specialist adjudication if—

(a) the parties to the application agree on a person who is to be the adjudicator for the application; and

(b) the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and

(c) the parties and the adjudicator agree on the amount to be paid for the adjudication; and

(d) for the amount agreed to be paid for the adjudication—the parties either—

(i) agree on how, and by whom, the amount is to be paid; or

(ii) agree the amount is to be paid in the way decided by the adjudicator; and

(e) the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c) .

(2) Subsection (1) (a) does not require the agreement of a party who is a joined respondent.

(3) In this section—


"joined respondent" means a person who is joined as a respondent to the application under section 47B (5) (a) , 48 (3) (a) or 388 (3) (a) .