Company Titles (Home Units) Act 2013 – enforcing duties of a service company

Tilley v 352 Toorak Road Pty Ltd [2015] VCAT 107 examines the duties imposed on a service company that are enforceable in the Tribunal.

The OC Act imposes various duties on an owners corporation (such as duties to act in good faith, to maintain the common property, etc), but no such duties are imposed on a service company. Statutory duties on a service company are imposed by the Commonwealth Corporations Act 2001 and are not enforceable in the Tribunal.

However, the Service Agreement made between each of the shareholders and the service company imposes duties on the parties that are enforceable in the Tribunal.

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