The Supreme Court has re-iterated that legislative provisions providing a broad power for VCAT to make orders as it sees fit do have their limitations. The Tribunal can only apply a remedy if there is a separate legal right which can be identified enabling it to do so. If the right is identified, the broad power provision to make orders enables wide remedies to be applied to exercise that right.
In relation to owners corporations, the limitation applies to s165 of the Owners Corporations Act 2006 which states that in determining an owners corporation dispute, the Tribunal “may make any order it considers fair”.
The issue was discussed in Energy Technology Australia Pty Ltd v Owners Corporation PS 439401J  VSC 145. Continue reading
In Ha v Walter E. Jones Valuers Pty Ltd  VCAT 1321 the Tribunal held that replacement of a roof was an extraordinary item of expenditure which required a special resolution. Continue reading
In Owners Corporation No 1 – PS507443P v Iglesias  VCAT 558, a lot owner who declared bankruptcy was found liable for OC fees from the date of bankruptcy forward even though the property had vested in his trustee for bankruptcy. Continue reading
Following Macaulay J’s decision in Mashane Pty Ltd v Owners Corporation RN 328577  VSC 417, amendments were made to the OC Act to clarify the basis on which annual fees are set by OCs, and the way in which OCs recover costs and levy special fees. Continue reading
An example of an owners corporation fighting proposed developments on nearby land that may affect the amenity of lot owners. Continue reading