Can I take another lot owner directly to QCAT?
Answer
Generally, body corporate disputes go through the Commissioner's office (conciliation, then adjudication) rather than directly to QCAT. Most disputes must be attempted through the Commissioner's process first.
However, there are situations where QCAT can be approached directly:
- To enforce a by-law after the body corporate has failed to act within a reasonable time
- To appeal an adjudicator's decision
- For disputes that fall under QCAT's direct jurisdiction
For owner-to-owner disputes that do not involve the body corporate itself — such as property damage or trespass — these may be dealt with through QCAT (Minor Civil Disputes) or the Magistrates Court rather than the body corporate process.
If you are unsure of the right pathway, the Commissioner's office can advise which process applies to your situation.
This article is general information only and not legal advice.
This is general information only and does not constitute legal advice. For complex matters, consult a licensed strata lawyer.