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s 153

Building damage orders—right of appearance

In force
Part 10Amendment of units plans
Division 10.3Building damage schemes

153 Building damage orders—right of appearance

(1)

The following have a right to appear on an application for a provisional building damage order or a final building damage order:

(a)

the owners corporation;

(b)

a unit owner, or another person with an interest in a unit, or the common property, that is recorded on the corporate register;

(c)

an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011, section 100;

(d)

the director‑general, on behalf of the Territory.

Note A unit owner or the owners corporation may apply for a provisional building damage order (see s 154 (2)). The applicant for a provisional building damage order may apply for a final building damage order (see s 157 (2)).

(2)

The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.

Note The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register. Other forms of service are also permitted, see the Unit Titles (Management) Act 2011, s 124.

(3)

A person who has a right to appear may be represented by a lawyer or someone else.

(4)

The registrar of the ACAT must give a copy of an application to the director‑general.

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