2021-02-25 Special Meeting Agenda

SPECIAL MEETING AGENDA   25 FEBRUARY 2021




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SPECIAL MEETING AGENDA                                                             25 FEBRUARY 2021

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               7.4     If the Council decides to apply the Security to complete the uncompleted
                       Works Contributions it may enter the Land for that purpose.
               7.5     The Council must return the Security (or the reduced amount of the Security
                       if the Security has already been called upon) within 10 business days after
                       the Works Contributions are completed.

              8.       Dispute resolution generally
               8.1     Dispute
                       If there is a dispute between the parties, a party may give a Dispute Notice
                       referring the dispute for determination by the Expert.
               8.2     Notice as bar
                       The giving of a Dispute Notice operates as a complete and unconditional bar
                       and waiver to the commencement of a proceeding or any litigation in respect
                       of a dispute until after the actions in this clause 9 have been taken and
                       followed.
               8.3     Identity of expert
                       If within 14 Calendar Days from the giving of a Dispute Notice the parties
                       are not able to agree on the identity of the Expert, the Expert is to be
                       appointed at the request of any party by the President for the time being of
                       the Queensland Law Society Incorporated.
               8.4     Experience and expertise
                       The Expert is to be a qualified civil engineer with extensive experience in
                       dispute resolution and construction practices.
               8.5     Non arbitrator
                       The Expert is to determine the procedure to be adopted to determine the
                       dispute and is to act as an expert and not as an arbitrator.
               8.6     Submissions
                       (a)  A party may make a submission to the Expert in respect of the dispute
                            within 14 Calendar Days after the appointment of the Expert.
                       (b)  A party making a submission to the Expert in respect of the dispute is
                            to give a copy of the submission to each other party within 7 Calendar
                            Days after the submission is given to the Expert.
                       (c)  The Expert is to take account of any submission received in respect of
                            the dispute under clause 9.6(a).
               8.7     Costs
                       The parties are to pay the Expert’s costs (including the cost of engaging and
                       consulting advisers) equally.

    Document Set ID: 21379346
    Version: 1, Version Date: 27/01/2021

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