The Property Disputes Committee hearings are held ‘on the papers’. Lawyers for the parties are required to submit an agreed statement of facts and written submissions. The committee meets in person (or over Zoom) to consider the dispute and reach a joint decision. A formal written decision is drafted by the committee following the meeting, signed off by the committee convenor, then provided to the lawyers for the parties. As part of the parties’ agreement to refer the dispute to the Property Disputes Committee, they agree that the decision will be final and binding.
The cost of referring a dispute to the Property Disputes Committee is currently set at $200 plus GST, which is shared equally between the parties i.e. $100 plus GST each. The referral does need to be made by the parties’ lawyers, and the parties need to meet their own legal costs.
If you are interested in lodging a dispute with the committee please contact Committee Secretary for further information.