81. Orders under this Division
(1) A referee shall not make an order under this Division, other than an order under section 82, until after the expiration of the time specified for the making of written submissions in the notice given under section 79(1)(a), or where a further notice has been given under section 79(1)(c), the expiration of the longer time specified in that notice.
(2) An order made may include such ancillary or consequential provisions as the referee thinks fit.
(2a) An order made by a referee may be expressed in terms different from the order sought by the applicant, so long as it does not differ in substance from the order sought.
(3) A referee may order a strata company, an administrator, a proprietor, a person having an estate or interest in a lot or an occupier or other resident of a lot to do, or to refrain from doing, a specified act with respect to a parcel.
(4) A referee may by order dismiss an application for an order.
(5) An application may be withdrawn by the applicant at any time before an order is made.
[(6) repealed]
(7) Subject to sections 79(1)(d) and 103H(8), a referee may not make any order for the payment of costs in connection with an application for an order.
(8) Subject to subsection (9) and section 82(5), an order made by a referee shall not be capable of being varied or revoked by him, but this subsection does not prevent a subsequent application and subsequent order being made.
(9) Subsection (8) does not operate to prevent a referee from varying an order for the purpose of correcting or clarifying it or extending a time and the order as so varied shall be deemed to be the order instead of the original order.
(10) Except to the extent that the order otherwise provides, an order under this Division (not being an order for payment of money referred to in section 84(1)(a)) ceases to have any force or effect upon the expiration of the period of 2 years that next succeeds the making of the order.
(11) Notwithstanding section 36, where an order against a strata company is made under this Division on the application of the proprietor of a lot, the strata company may not levy in respect of that lot a contribution towards the expenses of the strata company in relation to the application.
[Section 81 amended by No. 58 of 1995 s. 72.]