• About Mackay Airport
  • Mackay Airport Profile
  • Airport History
  • Conditions of Use
    1. About these Standard Conditions and Mackay Airport
    2. Our Service Charter and Service Performance
    3. Your use of Mackay Airport
    4. Information you must give us
    5. Parking and aircraft removal
    6. Mackay Airport Allocation Rules
    7. Mackay Airport security
    8. Insurance
    9. Interruptions to Airport Services
    10. Aviation Charges
    11. Things that can change Aviation Charges
    12. Government Mandated Costs and Government Mandated Charges
    13. Payment of Aviation Charges and Government Mandated Charges
    14. Credit accounts for Aviation Charges and Government Mandated Charges
    15. Indemnities and release
    16. Statistical information
    17. Acts and regulations
    18. GST (Goods and Services Tax)
    19. Privacy and data protection
    20. Confidential Information
    21. Dispute resolution
    22. Notices
    23. Definitions
  • Schedules

Mackay Airport Conditions of Use

21 Dispute resolution

21.1 Procedure

If either party considers that a controversy or dispute has arisen in connection with or under these standard conditions (including the Attachments) ("Issue"), then the parties must follow the procedure set out in this clause 21 to resolve the Issue. In particular, the parties must, before commencing court proceedings, refer the Issue to the Management Committee in accordance with clause 21.2, and thereafter proceed in accordance with clauses 21.3 to 21.6. For the avoidance of doubt Dispute resolution procedures are available only to Major Users.

21.2 Referral to Management Committee

If an Issue remains unresolved for 14 days, either party may refer the Issue to the Management Committee immediately or within such longer period as they may agree.

21.3 Management Committee to meet

The Management Committee must meet at least twice at our offices (or such other place as the parties may agree) within 14 days of having the Issue referred to it under clause 21.2 to discuss the Issue in good faith with a view to resolving the Issue by agreement between the parties.

21.4 Failure to agree

If the Issue remains unresolved for 60 days after the Management Committee met (or should have met), or such longer period as the parties may agree, either party may refer the Issue to the Chief Executive Officers (CEO's) of the parties.

21.5 Referral to CEO's

The CEO's or their nominee must, within 14 days of one party notifying the other of the existence of the Issue, meet at our offices (or such other place as the parties may agree) and discuss the Issue in good faith with a view to resolving the Issue.

21.6 Mediation

If an Issue remains unresolved for 60 days after the CEOs have met, (or should have met), then the parties agree that the Issue will be referred to mediation under the then current rules for mediation used by the Australian Commercial Disputes Centre in Mackay, Australia. Unless otherwise agreed by the parties, the mediation will take place in Mackay, Australia. Each party will bear their own legal and other costs and expenses of the mediation.

21.7 Aviation Charges and Government Mandated Charges

If the Issue relates to the calculation and payment of Aviation Charges or Government Mandated Charges, we agree that you do not have to pay the amount of any Aviation Charges, or if we are responsible, Government Mandated Charges that are the subject of a bona fide dispute unless and until and from such time as the Issue is resolved in accordance with this clause. You otherwise agree to pay any amount of Aviation Charges or Government Mandated Charges that are not in dispute at the time specified for doing so under these standard conditions.

21.8 Legal proceedings

Nothing in this clause 21 prevents either party from commencing legal proceedings for urgent interlocutory relief.

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