Unit Titles Act 1975

(1) In the event of a dispute about a variation to a disclosure statement under section 26ZM or about any other matter involving the disclosure statement, or the rights and obligations of the parties, the Minister may, if permitted to do so by the disclosure statement, appoint, on the application of one or more of the parties, an arbitrator.

(2) The Minister may only appoint an arbitrator under subsection (1) if the disclosure statement contains an express statement permitting the Minister to appoint an arbitrator.

(3) An arbitrator appointed under subsection (1) may exercise the powers that are prescribed by the Regulations for resolving disputes having regard to the overall interests of the persons affected.

(4) The Minister may, by notice in writing to the parties to a dispute, specify that the costs incurred by the Minister in exercising his or her powers under section 26ZM or this section are payable in equal shares by:

(b) if the developer is not a party to the dispute – each of the parties.

(5) The Minister and the parties to a dispute may agree about the following:

(a) the amount of the costs incurred by the Minister under this section or section 26ZM to be paid by the parties;

(b) the proportion of the costs incurred by the Minister under this section or section 26ZM to be paid by the parties.

(6) The Minister may only enter into an agreement under subsection (5) if he or she is satisfied that the determination of the amount of the costs and the proportion of the costs to be paid by a party to the dispute is equitable, having regard to the nature of the dispute and the financial capacities of each party to the dispute.

(7) If a notice is given under subsection (4) or an agreement is reached under subsection (5) in relation to a dispute, the costs payable by a party to the dispute are due and payable on:

(a) the date on which the notice is served or the agreement is made; or

(8) The balance from time to time outstanding of an amount due and payable under subsection (7) by a developer is an overriding statutory charge, within the meaning of the Land Title Act 2000, on any unit, building lot or other land, within the Building Development Parcel to which the dispute relates and of which the developer is a registered proprietor in fee simple or a registered proprietor of a lease from the Crown.

(9) The balance from time to time outstanding of an amount due and payable under subsection (7) by a party to a dispute other than a developer is an overriding statutory charge, within the meaning of the Land Title Act 2000, on any unit, building lot or other land, within the Building Development Parcel to which the dispute relates and of which the party is a registered proprietor in fee simple.