Disputes in relation to residence contracts
55 Disputes in relation to residence contracts
If a dispute arises between the parties to a residence contract as to the residence contract’s compliance with a requirement of regulations made for the purposes of section 14A(1) —
either party to the residence contract; or
if the dispute has been brought to the attention of the Commissioner — the Commissioner,
may make an application in relation to the matter to the Tribunal.
If the Tribunal is of the opinion that an order, if made under subsection (3), may be relevant to other residence contracts (including residence contracts that relate to another retirement village), the Tribunal —
may order the operator of a retirement village or other person to provide the Tribunal with specified information or documents in relation to any residence contract; and
on its own initiative or at the request of the operator or other person — may order that the operator or other person be joined as a party to the proceedings.
The Tribunal may, on an application made under this section, order —
the variation or cancellation of any of the terms of the residence contract, as specified in the order;
specific performance of the residence contract;
the payment of a sum of money,
and may make such other orders as the Tribunal considers appropriate and may declare that the order applies to any residence contracts specified in the order, and the order is to have effect accordingly.
Subsection (2) does not limit the State Administrative Tribunal Act 2004 section 35 or 38.
[Section 55 inserted: No. 36 of 2012 s. 13; amended: No. 42 of 2024 s. 48(1), 51 and 53(1).]
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