Concurrent consumer guarantee disputes and other contractual disputes
54FE Concurrent consumer guarantee disputes and other contractual disputes
This Division does not prevent:
(a) a contracting owner or contracting residential builder from starting a proceeding in a court or tribunal in relation to a dispute about a residential building contract that is not a consumer guarantee dispute; or
(b) a contracting residential builder from making an application under the Construction Contracts (Security of Payments) Act 2004 in relation to payments for prescribed residential building work carried out under a residential building contract, including payments for any of the work alleged to be defective.
(2) A court, tribunal or person who makes a decision under a law of the Territory about a residential building contract must take into account any decision made by the Commissioner for a consumer guarantee dispute in relation to the contract.
(3) If a proceeding or application is started or made as mentioned in subsection (1), the Commissioner is not prevented from dealing with a consumer guarantee dispute in relation to the residential building contract unless:
a circumstance specified by regulation applies; or
(b) a court, tribunal or person mentioned in subsection (2) orders otherwise; or
(c) both parties to the consumer guarantee dispute agree in writing that the Commissioner adjourn consideration of the dispute until:
the proceeding or application has been decided; or
the occurrence of another event specified in the agreement.
(4) Before making a decision about a consumer guarantee dispute, the Commissioner must take into account any decision about a residential building contract made by a court, tribunal or person that is relevant to the dispute.
This Act’s bill:Second reading speech
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