REAL PROPERTY – STRATA AND RELATED TITLES – GENERAL MATTERS – JURISDICTION AND POWERS OF COURTS AND TRIBUNALS – where the tribunal dismissed a minor civil dispute application to recover body corporate contributions from a lot owner because of a voting irregularity – where the applicant argued that such a voting irregularity could only be challenged in the dispute resolution process offered by the Commissioner of Body Corporate and Community Management and that since this had not been done, the debt was final and conclusive – whether the tribunal could consider the voting irregularity – whether the debt was final and conclusive

EVIDENCE – PROOF – STANDARD OF PROOF – STANDARD OF SATISFACTION – PROBATIVE VALUE – FAILURE TO CALL, GIVE OR PRODUCE EVIDENCE – where the tribunal dismissed a claim to recover body corporate contributions because the applicant had not proved they were due – whether the presumption of regularity was displaced or rebutted – whether the tribunal was right to look to the applicant for proof that the processes under the Body Corporate and Community Management Act 1997 (Qld) had been followed

Body Corporate and Community Management Act 1997 (Qld), s 111, s 229, s 229A, s 242

Body Corporate and Community Management (Small Schemes Module) Regulation 2008 (Qld), s 79

Body Corp for ‘11 Joseph’ CTS 33588 v Desarrollo Pty Ltd Atf the Cove Trust 1 [2022] QCATA 41 (30 March 2022)