Sealed Judgement Neate 1219 of 2020 · MCU18/0015

QUEENSLAND TITLES REGISTRY                   SCHEDULE / ENLARGED PANEL /                                       Form 20 Version 2
Land Title Act 1994, Land Act 1994          ADDITIONAL PAGE / DECLARATION                                          Page 5 of 7
and Water Act 2000


                                                 Title Reference [Title Reference]


9.       SETTLEMENT OF DISPUTES
9.1      This clause shall apply to any dispute between the parties to this Covenant.

9.2      Any dispute as to the performance of this Covenant or arising out of this Covenant that has not been resolved by
         agreement between the parties must be clearly identified in a Dispute Notice served by one party on the other
         party.

9.3      Within five (5) days of the date of the Dispute Notice, the parties must meet to discuss the dispute and its possible
         determination.

9.4      The parties may, within seven (7) days of meeting in accordance with clause 9.3, agree to refer the dispute to
         mediation.

9.5      If the parties agree to mediate in accordance with clause 9.4, then the parties may either:

         (a)       appoint a mediator agreed by the parties; or

         (b)       where the parties fail to agree to the appointment of a mediator within the period referred to in clause 9.4,
                   either party may request for the President for the time being of the Queensland Law Society Incorporated
                   to nominate a mediator which the parties must then appoint as the mediator.

9.6      The costs of any mediator appointed under clause 9.5 must be borne equally by the parties.

9.7      If any dispute notified under clause 9.2 remains unresolved, then at any time fourteen (14) days after the date of a
         Dispute Notice, and whether before or after referral of a dispute to a mediator under clause 9.5, either party may
         institute proceedings in the appropriate court for determination of the dispute.

9.8      The parties may mutually agree in writing to extend any time period specified in this clause 9.

9.9      Clause 9 of this Covenant does not prevent the Owner or the Council from obtaining any injunctive, declaratory or
         other interlocutory relief from a court, which may be urgently required.


10.      SERVICE
10.1     A notice is sufficiently made, given, issued or served by a party if it is left at or forwarded by prepaid post in an
         envelope addressed to the other party or any of them (where there are more persons than one person comprising
         the other party) at the address of that party.

10.2     A notice if sent by prepaid post is deemed to have been made, given, issued or served at the time when in the
         due course of the post it would be delivered at the address to which it is directed whether or not it is actually
         received.

10.3     In proving service of a notice made, given or served by the Council it is only necessary for the Council to certify to
         that effect under the hand of the Chief Executive Officer.

10.4     A notice given by a party must be:

         (a)       in writing; and

         (b)       signed by the party, an officer of that party or the solicitor of that party.




3470-6053-3049v2                                                                                                 114