Strata Management Act 2013 · s 106

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106.
Exclusion of jurisdiction of court
(1)	  Where a claim is filed with the Tribunal and the claim is within the Tribunal’s jurisdiction, the issues in dispute in that claim, whether as shown in the initial claim or as emerging in the course of the hearing, shall not be the subject of proceedings between the same parties in any court unless—
(a)	 the proceedings before the court were commenced before the claim was filed with the Tribunal; or
(b)	 the claim before the Tribunal is withdrawn, abandoned or struck out.
(2) 	Where paragraph (1)(a) applies, the issues in dispute in the claim to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the Tribunal unless the claim before the court is withdrawn, abandoned or struck out.
(3)	 For the purpose of this section, a claim shall be deemed to have been made with the Tribunal when section 108 has been complied with.

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s 106Exclusion of jurisdiction of court

(1)

Where a claim is filed with the Tribunal and the claim is within the Tribunal’s jurisdiction, the issues in dispute in that claim, whether as shown in the initial claim or as emerging in the course of the hearing, shall not be the subject of proceedings between the same parties in any court unless—

(a)

the proceedings before the court were commenced before the claim was filed with the Tribunal; or

(b)

the claim before the Tribunal is withdrawn, abandoned or struck out.

(2)

Where paragraph (1)(a) applies, the issues in dispute in the claim to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the Tribunal unless the claim before the court is withdrawn, abandoned or struck out.

(3)

For the purpose of this section, a claim shall be deemed to have been made with the Tribunal when section 108 has been complied with.