BODY CORPORATE AND COMMUNITY MANAGEMENT – COMPLEX DISPUTE – JURISDICTION – whether dispute the subject of application was a ‘complex dispute’ within the meaning of the Body Corporate and Community Management Act 1997(Qld) (BCCMA) – whether s 149B of the BCCMA applied – where dispute also the subject of arbitration agreement – where respondent sought referral of dispute to arbitration – whether dispute required to be referred to arbitration pursuant to s 8 of the Commercial Arbitration Act 2013 (Qld) – whether the arbitration agreement is ‘null and void, inoperative or incapable of being performed’ by reason of operation of s 229 and s 318 of the BCCMA – whether jurisdictional question should be determined by arbitrator
WLK Management Pty Ltd v Body Corporate for The Persse Villas CTS 27758 [2023] QCAT 458 (8 December 2023)
